CCJ Against Myself But Should Be Named To My Dad

[AndyOrch]

LCS have apparently put bailiffs on to collect payment though? They have been delaying the collection though every two weeks since I've been in contact and kept them updated with the current situation.

 

Are Lowell not to be messed with?

 

Could you clarify exactly what " put bailiffs on " means ? and how was you informed of this ?

 

Andy

[TheCanisLupus]

Could you clarify exactly what " put bailiffs on " means ? and how was you informed of this ?

 

Andy

 

Lucas Credit Services say they had enforcement action to collect payment of the debt but with my contact kept suspending any enforcement action every two weeks.

 

 

 

 

Update from this morning then is as follows;

 

 

I made contact with the court for the copy of the claim form, they said they'll email the particulars of claim and a blank copy of a claim form, which I have now received.

I phoned Lowell as they're the named claimant on the CCJ, for consent to set-aside, who then passed me to Lucas Credit Services, they said they've delayed enforcement action again until the 14.11.16 but to keep in contact with them but for consent to set-aside to contact Cohen Cramer Solicitors.

I contacted CCS who then redirected me to another arm of Cohen Cramer and the guy said that he's taken back control of the account from LCS and suspended the account for 30 days whilst I apply for the set-aside. He said that once the application is sent to the County Court, Lowell will receive a copy but chances are they will contest the application as I've had chances to put in a defence beforehand, but acknowledged the situation of the debt and factors around not submitting a defence and said to include it all with the defence when sending the application, but ultimately he said that Lowell's in-house solicitors will be ones that will consent or contest the application but will only do it once they receive a copy of the application for set-aside.

[AndyOrch]

Lowell are the claimants...it has nothing to do with LCS...they cant enforce or suspend anything.

[TheCanisLupus]

Lowell are the claimants...it has nothing to do with LCS...they cant enforce or suspend anything.

 

 

 

Probably a scare tactic from them for payment I presume? Every time I contact Lowell however they say the account has been passed to a third-party collection agency (LCS) but as mentioned, Cohen Cramer said they've taken back control of the account now from LCS.

What's the difference of Lowell named as the claimant but the name for payment is Cohen Cramer Solicitors? Just a different branch of the company organisation?

[AndyOrch]

No they are just the named solicitors that have dealt with the claim...only the Claimant can decide what proceeds from here on.

[TheCanisLupus]

No they are just the named solicitors that have dealt with the claim...only the Claimant can decide what proceeds from here on.

 

 

 

Ok no worries.

 

 

So with Cohen Cramer saying Lowell won't make a decision until they receive a copy of the application for set-aside, should I complete two forms with all evidence I intend to submit and include a statement from my Dad? As he's working away I won't be able to have him sign and verify a statement saying it's his debt and the judgement should be set against him.

[AndyOrch]

Yes ...get the ball rolling.....you can download the N244 from our Legal Library...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice-**Correct-as-at-Sept-2015**

 

Regards

 

Andy

[TheCanisLupus]

Yes ...get the ball rolling.....you can download the N244 from our Legal Library...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice-**Correct-as-at-Sept-2015**

 

Regards

 

Andy

 

 

Thank you, I'll try my best to action this out today before I post it off, I'll upload a copy with relevant information removed for protection etc.

[Ganymede]

Ok no worries.

I intend to submit and include a statement from my Dad? As he's working away I won't be able to have him sign and verify a statement saying it's his debt and the judgement should be set against him.

 

I'm not sure that will cut it as you are the one who signed the contract.

 

You need to make sure that you fully understand this application and have considered it before paying £255.00 and potentially exposing yourself to several hundred pounds in costs from the other side should you lose it.

[TheCanisLupus]

I'm not sure that will cut it as you are the one who signed the contract.

 

You need to make sure that you fully understand this application and have considered it before paying £255.00 and potentially exposing yourself to several hundred pounds in costs from the other side should you lose it.

 

 

 

I appreciate that, but it was my Dad's bank details on the contract etc. but EE never alerted us to say they couldn't separate his account after they contacted him for an upgrade and not me.

EE should have contacted the account holder (me) not the contract holder (my Dad) when selling the upgrade option, but then when my Dad told them the contract is under his son's account, could they create a new one for the upgrade, they didn't confirm this was done or inform to let either of us it failed.

[Ganymede]

I appreciate that, but it was my Dad's bank details on the contract etc. but EE never alerted us to say they couldn't separate his account after they contacted him for an upgrade and not me.

EE should have contacted the account holder (me) not the contract holder (my Dad) when selling the upgrade option, but then when my Dad told them the contract is under his son's account, could they create a new one for the upgrade, they didn't confirm this was done or inform to let either of us it failed.

 

My concern is that in the absence of a new contract to override it, the original contract in your name stands.

 

I'm not sure you can rely on not hearing back from the mobile phone company as evidence that a new contract was former solely in your dad's name.

[TheCanisLupus]

My concern is that in the absence of a new contract to override it, the original contract in your name stands.

 

I'm not sure you can rely on not hearing back from the mobile phone company as evidence that a new contract was former solely in your dad's name.

 

 

True but EE aren't being helpful in the slightest and just state that anything to do with that account is now with Lowell.

[TheCanisLupus]

Ok so here is a draft of the form, and a statement from me and my Dad, obviously I will print/sign/dating the statement and signing my Dad's one of behalf of him if possible(?)

 

 

I'll refrain from sending anything to the court or a postal order payment too until I'm advised to do so or otherwise from here.

Draft.pdf

[AndyOrch]

I must agree with the comments made by Ganymede.....now I have refreshed on your thread.

 

You did receive the claim form...Dad ignored it as I assume he ignored all previous correspondence re the outstanding debt.....so none receipt of claim form is a no no. Unless you dont reside at that address ?)

Assuming the court granted the set a side...I cant see a valid defence.....as stated you signed the contract and you cant just switch agreements between different persons....to suit.

 

Unless you can get across in precise detail and disclose evidence of all communication with EE and prove there was an ongoing dispute at the time of assignment to Lowell..I think you are going to struggle to get any Court to believe matters.

 

With regards to LCS..completely ignore them in this matter..this is between you and Lowell...they cant do anything apart from send threat o grams and fairy tale threats of Warrants and Suspension of Warrants gobbledegook.

 

One angle to try instead of the application is to approach the claimants solicitor and request a change of defendants name on the Judgment or failing that ask they set it aside and reissue in your Fathers name (Senior) to which he will admit and accept judgment.

 

Andy

[TheCanisLupus]

I must agree with the comments made by Ganymede.....now I have refreshed on your thread.

 

You did receive the claim form...Dad ignored it as I assume he ignored all previous correspondence re the outstanding debt.....so none receipt of claim form is a no no. Unless you dont reside at that address ?)

Assuming the court granted the set a side...I cant see a valid defence.....as stated you signed the contract and you cant just switch agreements between different persons....to suit.

 

Unless you can get across in precise detail and disclose evidence of all communication with EE and prove there was an ongoing dispute at the time of assignment to Lowell..I think you are going to struggle to get any Court to believe matters.

 

With regards to LCS..completely ignore them in this matter..this is between you and Lowell...they cant do anything apart from send threat o grams and fairy tale threats of Warrants and Suspension of Warrants gobbledegook.

 

One angle to try instead of the application is to approach the claimants solicitor and request a change of defendants name on the Judgment or failing that ask they set it aside and reissue in your Fathers name (Senior) to which he will admit and accept judgment.

 

Andy

 

 

He did ignore all correspondence and I do reside at the same address.

 

I have some emails with credit expert about my query with the debt outstanding from June 2015, which may go in my favour I was aware there was a debt against me but I disagreed with it.

 

Radical thought, my dad and I have the same name. If my original phone account included my middle name/initial and the CCJ currently only names my dad as such, no mention of a middle name/initial, could I request the set-aside due to the named defendant being wrong, thus giving me the set aside and the chance to submit a defence which includes my dad admitting the debt is his but under my account due to negligence from EE?

[Ganymede]

He did ignore all correspondence and I do reside at the same address.

 

I have some emails with credit expert about my query with the debt outstanding from June 2015, which may go in my favour I was aware there was a debt against me but I disagreed with it.

 

Radical thought, my dad and I have the same name. If my original phone account included my middle name/initial and the CCJ currently only names my dad as such, no mention of a middle name/initial, could I request the set-aside due to the named defendant being wrong, thus giving me the set aside and the chance to submit a defence which includes my dad admitting the debt is his but under my account due to negligence from EE?

 

 

But the named Defendant isn't wrong.

 

It's correctly stated as you.

[TheCanisLupus]

But the named Defendant isn't wrong.

 

It's correctly stated as you.

 

True but if the account says Mr first initial second initial surname, then the court order should also have included it, thus preventing any confusion of who letters had been actually addressed to. Same with all previous correspondence from Lowell and Cohen Cramer.

Just an outside the box idea to see if there's a loophole to help me out in this messy situation.

[unclebulgaria67]

You need to find out if Orange definitely agreed to make the change back in 2012 to your Dads name. I have my doubts that they agreed to do this and perhaps your Dad misunderstood. I would have thought that as the contract was in your name, Orange would have needed you to instruct them on the contract changes. Your Dad would have needed to apply for his own contract phone.

 

Your next step is a Data Protection Subject Access Request to EE to get hold of the Orange records from the time, to see what is on record regarding changes to contract etc. You might obtain info that is helpful to getting the CCJ set aside. That is what you would have to do if you want to see if you can get rid of this CCJ from your record.

[Ganymede]

True but if the account says Mr first initial second initial surname, then the court order should also have included it, thus preventing any confusion of who letters had been actually addressed to. Same with all previous correspondence from Lowell and Cohen Cramer.

Just an outside the box idea to see if there's a loophole to help me out in this messy situation.

 

If they have your correct first name, surname and DoB then (which I assume they do) then the above tactic may not work.

 

Did you say you live at the same address as your dad? Did he intercept your post so you were never aware of the Court papers being received perhaps? Although they'd still technically be validly served I suppose if they were posted through your letter box.

[TheCanisLupus]

If they have your correct first name, surname and DoB then (which I assume they do) then the above tactic may not work.

 

Did you say you live at the same address as your dad? Did he intercept your post so you were never aware of the Court papers being received perhaps? Although they'd still technically be validly served I suppose if they were posted through your letter box.

 

 

 

Fair point, they do have correct first and last name and DOB.

I do live at the same address and it was him who intercepted it and probably a valid point that the court papers had been served correctly but my Dad failed to notice they were for me or failed to inform they were for me, especially during an on going health issue.

 

 

 

 

I'm slowly starting to feel defeated, and may have to accept the fact I'll have a CCJ on my file, albeit with a certificate of satisfaction as I'll just get my Dad to pay his debt and obviously never give him any finance on my behalf..

[TheCanisLupus]

You need to find out if Orange definitely agreed to make the change back in 2012 to your Dads name. I have my doubts that they agreed to do this and perhaps your Dad misunderstood. I would have thought that as the contract was in your name, Orange would have needed you to instruct them on the contract changes. Your Dad would have needed to apply for his own contract phone.

 

Your next step is a Data Protection Subject Access Request to EE to get hold of the Orange records from the time, to see what is on record regarding changes to contract etc. You might obtain info that is helpful to getting the CCJ set aside. That is what you would have to do if you want to see if you can get rid of this CCJ from your record.

 

 

 

 

As it was done on the phone, there's no hardcopy of a contract being signed by my Dad. But you're right, any changes would have to have gone through me as I was the account holder but I was never made aware of any changes or contract upgrade from my Dad's mobile number.

EE also said yesterday they could see a call was made but no order placed for the upgraded device, and they can't see any contract as it's with Lowell and Lowell say they don't have to provide copies of contracts anyway.

 

 

 

 

If I was to do a Data Protection Subject Access Request, would EE not just reply with "we don't own the debt we sold it to Lowell contact them for anything regarding this matter"?

[AndyOrch]

As it was done on the phone, there's no hardcopy of a contract being signed by my Dad. But you're right, any changes would have to have gone through me as I was the account holder but I was never made aware of any changes or contract upgrade from my Dad's mobile number.

 

EE also said yesterday they could see a call was made but no order placed for the upgraded device, and they can't see any contract as it's with Lowell and Lowell say they don't have to provide copies of contracts anyway.

 

Tut tut pants on fire..they have all the paperwork..only the debt amount has been assigned for collection..the original paperwork is with EE...whether there is physical agreement...I doubt it its a service contract and is executed when you used the phone.

 

 

If I was to do a Data Protection Subject Access Request, would EE not just reply with "we don't own the debt we sold it to Lowell contact them for anything regarding this matter"?

No

[TheCanisLupus]

No

 

 

 

How long would it take for EE to carry out the request? And do they actually have to carry it out too?

 

 

I'm hoping this weekend, once my Dad is back from working away, I'll be putting everything together and sending it out to the court Monday, hopefully what I include and my Dad includes etc. will see fit.

[AndyOrch]

They are legally allowed up to 40 days to comply with a DSAR

[TheCanisLupus]

They are legally allowed up to 40 days to comply with a DSAR

 

 

 

Bugger, I'll start this process today and see what comes of it. And ultimately whether it's beneficial to the situation