Backdoor CCJ (2015) Lowell - old EE Mobile debt - was already statute barred?

[taz_in_2001]

Hi, apologies if this is posted in the wrong section,

I am posting on behalf of a friend whom has recently started talking to his parents again after 6 years. He moved away and hasn't made contact until recently.

His mother has kept a gigantic amount of mail dating back years all unopened,

we got to work sifting through them.

Have come across a letter from Lowells dated August stating that he has failed to make payments against the CCJ they issued against him,

she has every letter that was sent to the house in his name,

there are no court papers and no prior letters to this one from Lowel or letters since that onel.

Its all very strange.

The debt they have got a CCJ against him for is a mobile phone contract on Orange/EE he had around 7 years ago so this debt would have been statute barred,

he isnt even sure if there was money outstanding but is adamant he closed the account after contacting them due to having no signal in his home,

this was discussed with a customer services operator and they both decided it would be the only option. He doesnt remember anything else.

Where does he go from here because obviously he did not receive any court summons and if he had he would have defended against it with the supposed debt is barred.

What is the next step for him in sorting this out?

Any help appreciated

Thank you

[AndyOrch]

Thread moved to financial Legal Issues.

 

If your friend never informed the Original Creditor of his whereabouts then that address is deemed good service therefore he did get the claim form...and therefore very difficult to get a set a side on the CCJ.

 

Regards

 

Andy

[taz_in_2001]

He doesnt even recall having a debt.

 

 

All he remembers is them closing the account due to not having any signal.

This was done on Oranges part, his phone bills were always paid via direct debit

so is wondering if there was any debt

why wouldn't they have just taken the outstanding out of his bank.

 

 

As far as he is concerned he had left Orange so there would be no need to inform them of a new address as he no longer held a contract with them

[AndyOrch]

He doesnt even recall having a debt. All he remembers is them closing the account due to not having any signal. This was done on Oranges part, his phone bills were always paid via direct debit so is wondering if there was any debt anyway why wouldn't they have just taken the outstanding out of his bank. As far as he is concerned he had left Orange so there would be no need to inform them of a new address as he no longer held a contract with them

 

But all that is irrelevant now...he didnt deal with the claim form and the court wont want to know about his family problems or why they didn't talk or why he didn't collect or open his post.....should of had his post redirected Im afraid.

 

Andy

[dx100uk]

possibly ring EE and ask date of last payment/use?

or check bank statements??

if it was SB'd by the date of the Claimform [about 1mth before the CCJ date]

then he might have a chance of a set aside

but that will cost him £255

or poss nothing if the claimant agrees by consent to pay the fee for him ....??

[taz_in_2001]

That is fair enough but there is no claim form in this pile of mail nor any paperwork with regards to an outcome

even if he was at that address he wouldnt have received anything

, would the courts have had the address wrong?.

The rest of this mail is junk,

any relevant people were notified of the change of address but obviously Orange wouldnt have been because he no longer held a contract with them.

why would you inform people you do not do business with anymore?.

He has changed banks and closed his Barclays so cant check the statements.

He has just said the last payment would have been 7 years ago minimum.

There are no letters from Lowell apart from this Aug 16 one stating that he hasnt made a payment since the ccj

am assuming the ccj was only issued last year which should by all accounts be past the SB limit.

first port of call should be EE?,

we dont even know what court the CCJ was issued as there is no paperwork,

how would we go about finding this out?.

[AndyOrch]

In that case make application to set a side using the N244 ( available to download from our Legal Library) I thought he had received a court claim pack....but firstly check there is a CCJ as you only have word of the claimant and nothing from the court.

 

http://www.trustonline.org.uk/

[dx100uk]

Would have been northants bulk always is

 

As for bank statements

Barclay's will still have the statements

Might be an sar time

But you could still ring and ask

 

I would suggest that he had the phone whilst living at another address so there wouldn't have been anything to his parents address anyway?

 

What date is the CCJ please?

[taz_in_2001]

Just done this and there is actually a CCJ from County Court Business Centre issued 10/11/15 for £536.

This is a ridiculous amount anyway as I have it in writing from Orange with my own fight against them that they close an account after 3 months of non payment.

So that would make his mobile phone bill over £150 a month which is just stupid.

He has just spoken to his mother and she has said that baliffs attended her property around September looking for him but his father explained that he is no longer part of the family, they havent seen him in over 5 years and they dont even know where he is or if he is even alive, they havent attended since.

If they applied the ccj in November 15 they left it nearly a year to contact for payment again. What would be his best bet for that?, requesting the forms or just leaving it?

He says he thinks it was a blackberry he had which was out of contract as he was due an upgrade,

he had recently moved back home with his parents after a breakup and the signal was poor back home,

it had always been fine in his old property,

he asked Orange if there was anything they could do and they couldn't so the operator told him to go with another provider, which he did.

He took the Blackberry with him but had taken out a Vodafone contract and had a new phone with them before the argument with his family,

he left and informed Vodafone etc that he had moved but did not contact Orange as his contract had been cancelled after the phone call

[dx100uk]

Get documentary proof that it is statute barred

Ring the claimant and ask if they would remove the CCJ foc by consent

We've seen this done by some DCA's before

He might get lucky

Else its get that n244 running at £255 as Andy indicated

[taz_in_2001]

To get the proof, would this be a SAR to Orange?

[dx100uk]

Well that will take up to 40 days

OK it might not matter much as its 13mts old now

But a quick call to EE might well get a letter running quicker with proof!

[taz_in_2001]

He doesnt know account numbers or even remember the number that he held does that matter?

[dx100uk]

Doubt it

Phone number and correct address they will have might help mind....