Lowell CCJ whilst in USA - now bailiffs, paid fees and £5PCM to lowell - EE

[Kiko Matsing]

Should have seen this forum sooner!

 

My mother in law had a mobile account with EE a few years back.

 

Then she migrated to the USA and stopped the payment when the contract ends.

 

Unfortunately EE kept the account open thus accumulating payments being unpaid.

 

The account has then been sold to Lowell,

as usual we ignored their letters until she had a letter from the county court and

 

at the time there were so many problems going on with her the county court letter had been ignored as well.

 

Then a bailiff letter was sent stating that they will possess whatever goods that will amount to £466 (the amount owed from EE) if the fee of £179 until the certain days given is paid.

 

Seeing this she panicked so she paid the bailiff fee through the court's office who issued the letter then set up a monthly direct debit to Lowell of £5.

 

By setting up a monthly direct debit does that mean that she is now in an agreement to Lowell for the said amount and nothing she can do but to pay them?

 

Lowell has seen that she is a homeowner that's why they are so persistent about this debt, claimed to the county court and bailiff.

 

Thanks.

[dx100uk]

Sorry she is in the USA?

[Kiko Matsing]

Yes she is. She comes back here once a month every year, she was here a month ago and that when she opened one of the letter containing the bailiff order

Edited April 16, 2017 by Kiko Matsing

[dx100uk]

but she is not registered here and lives abroad

should never have responded

 

 

the claim was issued to a person not domical in the UK.

voids the whole thing

get it set aside

[brassnecked]

At least Lowell have no links to Dog the Bounty Hunter, if she is paying what is agreed Lowell should let it be, but being greedy gits they might be more persistent. Shame she didn't go for Set Aside.

[Kiko Matsing]

Haha last time I watched that they were in Hawaii. I told her to ignore it but she was emotionally stressed with her problems she gave in and pay.

 

So the next step for her would be to stop the direct debit and ignore any future letters from Lowell? Ask a CCA from Lowell? Also would it be a different case is she lives here?

[dx100uk]

no assets in the UK I take it?

 

 

pers id go set it set aside

and get the bailiff fees back

 

 

was this a county court bailiff?

 

 

if so should be easy.

[Kiko Matsing]

She's a homeowner here in the UK which Lowell saw that's why they were so persistent. I will check the papers from the county court and bailiff when I get home tonight. So I'll update you if not tonight tomorrow morning.

[dx100uk]

if lowells knew she was not resident in the UK and issued and went thru with a CCJ then that's very wrong.

 

 

surprised the court bailiff didn't pick up on this either

I gather most of this ws done in panic mode on the phone and there are no letters?>

[Kiko Matsing]

It was only EE knew she was in USA when she was dealing with them and then the account was sold to Lowell. Lowell then doing their usual tactic of sending out letters which we ignored so I guess they didn't know she lives abroad. With no luck they started looking if she has assets, that's when they found out she has a home and started claiming with county court(had a thick envelope which is unusual so we googled the po box address and came out from county court). As the order being ignored again they proceeded with the bailiff.

[dx100uk]

if EE knew she was in the USA

the get it set aside

end of no defence needed

 

 

sounds like someones panicked and spoke to the fleecers on the phone

[Kiko Matsing]

Thanks DX.

 

 

Will tell her to stop paying them and ignore any future letters.

 

 

As I said she was emotionally stressed when she was here she agreed to make monthly payments.

 

 

If you still want to see the letters from the county court and bailiff let me know I'll scan them when I get home.

 

 

Thanks again for your advice.

[dx100uk]

well we know what the claimform looks like and its probably just a std letter from the court bailiff too.

I still think this should be set aside.