Lowell tricked court to win a CCJ EE mobile debt

[Samndazzle]

Advice please guys

 

In 2012 took a phone contract out with EE and returned phone within a week back to shop simply as no reception

 

In 2014 I had a few debt collection letters all of which went in bin

 

Late 2014 I moved to a new house and started getting letters at new house early in 2015 from Lowell finance

all of which went in bin

 

Yesterday I came home to a letter from Lowell solicitors stating a CCJ had been obtained

and a court order of £50 a month payment had been missed

 

I rung Lowell solicitors for proof of the CCJ and was given a date and case number

 

I rung Northampton court and was shocked to find the court was aware of my address

and there was a £50 repayment order made a month earlier

 

Speaking to court

I protested first I knew of this

the court official stated Lowell had supplied the address I moved from in 2014 to court and all papers went there,

then after obtaining the CCJ they updated court records to my new address

 

The lady at court mentioned 2 ways to deal with this

I can pay £250 to get CCJ set aside or inform Lowell of their mistake

and they should set the CCJ aside and realist the case

 

I rung Lowell solicitors and they stated they haven't broken any rules

will not set the case aside and now a contract exists between us implementing ongoing late payment fees

 

My debt currently stands at over £800 and rising,

I'm on benefits and cannot raise the £250

 

 

I feel Lowell finance have mislead the court by providing a false address

knowing they would win a CCJ and repayment plan so they can collect more fees

 

Help please

[BazzaS]

Ahh, Lowell. You'll likely have a queue of people offering advice as:

a) they aren't exactly regarded highly,

b) people will have seen these type of events time and again, and will know how to deal with them.

 

Get the CCJ set aside (on grounds you never received papers that went to your previous address, and that you have a viable defence)

 

On benefits? Check if you are entitled to fee remission for the set aside application.

 

Don't forget to thank Lowell for updating the address, otherwise you might not have known about this

[mikeymack2002]

You can apply for fee remission via the EX160 form.

 

BazzaS what do you mean about a) b)

[BazzaS]

You can apply for fee remission via the EX160 form.

 

BazzaS what do you mean about a) b)

 

Some respondents on CAG refer to Lowells as "Lowlifes" or "the Leeds Loosers" while it is rare to hear anything positive about them : hence my conclusion at a) "they aren't exactly regarded highly"

 

I've seen a number of threads where Lowells manage to trace someone's new address but only after obtaining a CCJ by default judgement after serving to an old address. Hence why CAG'ers with experience of dealing with such, hence my comment at b).

 

Of course, I can't state that this is deliberate malice or trickery by Lowell, as they can't use the new address until they are aware of it,

I'd recommend people in this situation SAR Lowells : who knows what useful information that might reveal ....

[mikeymack2002]

Thanks for that.

 

Yes I understand the lowlifes title but they once saved me several hundreds of pounds with a full and final when the OC (Vanquis) refused, this was one of my earliest posts when I joined...

 

SAR to a DCA doesn't get much info.

 

It's amazing g how they find the debtor AFTER the CCJ isn't it? Why can't they do this prior? Umm.. Have a great day.

[brassnecked]

Thanks for that.

 

Yes I understand the lowlifes title but they once saved me several hundreds of pounds with a full and final when the OC (Vanquis) refused, this was one of my earliest posts when I joined...

 

SAR to a DCA doesn't get much info.

 

It's amazing g how they find the debtor AFTER the CCJ isn't it? Why can't they do this prior? Umm.. Have a great day.

You and I know MM, it's because then there is the chance the debtor files a defence when the papers arrive, especially if debt is SB, or like OP should not have arisen anyway.

[mikeymack2002]

Touché lol

[martin2006]

If you are on certain benefits such as IS or JSA you will get fee remission via the EX160 as advised

 

Fill in an N244 for set aside and an EX160 plus proof of benefit entitlement

 

Grounds for set aside are Lowells already knew your current address and amount owed is for a cancelled contract anyway so no debt should exist

[dx100uk]

i'd stop ringing lowells too

don't tip them off too much.

 

 

dx

[BazzaS]

 

SAR to a DCA doesn't get much info.

 

It's amazing g how they find the debtor AFTER the CCJ isn't it? Why can't they do this prior? Umm.. Have a great day.

 

It might identify when they actually became aware of the new address.

[Samndazzle]

Firstly thankyou for advice

 

Not sure if I feel better as it felt personal and singled out

or furious they do this so regularly and get away with it

 

Advice on my plans please

I am asking for CCJ to be set aside on the grounds Lowells misled the court into sending papers to wrong address

and will ask if I am entitled to a discount as I'm disabled now pip enhanced and I also get ESA

 

I then purpose to write to Lowells solicitor informing them of there error in reporting a fake adress to the court

despite writing to me at my adress and requesting formally they themselfs approach the court and get it set aside

 

I have no interest in discussing any claim they might have of debt obviously this will return to court and I will worry then

[dx100uk]

do as post 8

I would not be telling lowlife anything

don't tip them off

 

 

dx