Unknown CCJ 2014 by lowells for Three mobile debt i returned phone on

[Harrison123]

Hi,

 

I have a CCJ on my credit report commencing on 10/08/2014.

 

The date of default for this debt is 08/10/2011.It is for £664.

 

The debt is with Lowells for Mobile communications Three.

 

I have not moved recently however I cannot remember any court forms for this CCJ at all.

 

Do you think its possible to get this ccj set aside?

 

Also how does the CCJ work until 2020 when I presume the debt part will drop off in October?

 

If I asked for it to be set aside after the default date could I get it set aside because the actual debt would be more than 6 years old and is it possible to go down the prove it route then.

 

Can anybody help with this at all,I am literally going round and round with this problem,

Many thanks

Edited September 15, 2017 by Harrison123

[fkofilee]

CCJ will stay until 2020 - 6 Years from the date it was put on .

CCJ and court action stops the SB clock and due to the time i expect that you wouldnt be able to get it set aside.

[Harrison123]

Ok thank you.

 

I am hearing conflicting advice re the date of default.

 

I would like to get is set aside.

 

If I argue the debt is not mine after the 6 years of date of default

then how will Lowells be able to prove the debt is mine if they cannot provide paperwork?

 

Can they produce it after 6 years.

 

I am confused as to how a CCJ is so long after a date of default.

 

This debt is going to last 9 years so I want to give it a go on getting it removed.

 

I have never communicated with Lowells or paid anything towards this debt as I do not believe I owe it anyway to Three.

 

Sorry should clarify a bit more.

 

As in monies will not be owed after October but the CCJ still stands?

[fkofilee]

Well you can request a set aside but there has to be a valid reason.

Also after date of default then they can apply for a court claim 1 month, 3 months, 3 years etc after... it really is up to them/

[fkofilee]

Sorry should clarify a bit more.

As in monies will not be owed after October but the CCJ still stands?

 

The default will go but the CCJ will stay. Even though itll be no payment for x years - Court action stops the SB clock.

They money owing is now subject to a court order... a CCJ as such.

 

We need more info on the debt... And then we can advise the best course of action.

[Harrison123]

What is a court claim?

 

If Lowells can keep asking to extend it then there would be no point not trying to get it set aside.

 

I have never received court papers for this CCJ.

 

I cancelled Three contract after the phone they sent me stopped working 12 days after taking out contract.

 

I sent it back

,they resent a completely different downgraded phone.

 

I told them I did not want it and to cancel my contract

 

,I had never been with them before.

 

The arguing went on for a bit,

constantly referring me to Indian call centres where communication was difficult.

 

My son rang them.

 

He told them exactly the same they were in breach of agreed contract

 

.I told them to collect phone and I have never used phone,

never run up a bill as I never had it long enough.

 

that,s it in a nutshell

 

.I dont owe them any money

 

.The fault lay with them not me.

Edited September 15, 2017 by Harrison123

[fkofilee]

Account defaults - Sold to DCA (Collection Agency) they then escalate to their braindead rent for hire solicitors.

They then start a "Court Claim" through Northampton County Court Business Centre for monies owed.

 

You are sent a letter confirming a claim has been started against you for said amount and probably plus interest as well @8%...

Then it goes through a process of defending the claim or if you dont respond then potentially they end up with a default judgement.

 

If it goes for Default Judgement then it just gets marked and an order gets made for the amount. Then Lowell in this case can apply for

 

- Attachment of Earnings

- Enforcement Action - Bailiffs

- Bankruptcy (If Over 5K)

- Order For Questioning

- Freeze On Assets...

 

List goes on...

 

So lets see... Maybe a DSAR to H3G?

 

Because if so then you could possibly attempt to get it overturned... Have you move in the last 6 years...

[dx100uk]

ring northants bulk

ask for a copy of the CCJ and the Claimform by email pdf.

 

I would suspect you didn't tell you creditors you had moved and this was quite rightly served against the address the phone account was opened at.??

 

if so that's no reason to set aside a CCJ.

 

and you'd need a valid reason to counter the judgement itself.

 

the default dropping off has no bearing upon the CCJ at all.

that shows for 6yrs in its own right.

 

your issue here is that if you start poking the hornets nest of Lowell

they might well try and enforce the CCJ.

it might be better to leave things be

then if 6yrs expires and they haven't enforced it

it will drop off and they'd have a job to then persuade a court to allow enforcement action

 

not sure what sites you a reading Harrison but they are giving you some weird ideas thru crap info.

[dx100uk]

Was this account taken out at the address you live at now??

I can see a v good reason for defence of the debt but not a set aside of the CCJ

[Harrison123]

Sorry I did not notice I had replies.

Yes the Three account was taken out at my current address.

 

I do not remember ever having court papers though.

I only realised I had this ccj a few days ago.

 

I have gone back to as far as I can with bank statements to 01/10/2010 and can find no payments to Three.

 

I cannot remember when I took the contract out and I am not sure how I can find out really.

I don't want to make a wrong move really.

 

I do want to try for a set aside.

 

Three returned to me a completely different phone which I could not tether.

I only wanted a phone I could use for tethering.

It was the only reason I wanted phone.

 

the phone was useless to me and my original phone calls would definitely have me stating I only wanted the particular deal I went for because of tethering capabilities.

 

I never used the phone bar 12 days when I had original one.

 

Also looking at date of default with Three

on experian it's saying 3/10/2010 and

with Lowells they have put 08/10/2011.

I thought the default dates always had to be the same.

 

Any other help would be greatly appreciated.

I am literally going round and round with this.

[dx100uk]

Brilliant!!

Good OK

Action post 8 ring northants then

Looks like a good season for both then

 

Have to wait till Monday now

Comeback when you have that Judgement and claimforn copy

[Harrison123]

Thank you for replying.

 

I am feeling very distressed regarding this matter and keep losing my confidence

I have found a case Godwin v Swindon Borough Council (2001) which states I think that if there does seem to be a few discrepancies with a ccj then there is no good reason why a defendant should not defend a ccj for set aside where defendant stating non receipt of claim forms.

 

I have printed that case out and will ring on Monday even though I am crapping myself.

 

Please will you add anything you might be of help,

I would be very grateful as I don't really have any idea what I am doing

have literally read mountains of stuff tonight.

 

Got to get a fighting chance.

[dx100uk]

bit silly that.

 

 

you have a very good reason for the set aside

you have a very good reason / defence for the original debt they got the default CCJ on.

 

 

this should be a walk in the park once you get the info from northants detailed in post 8.

 

 

dx

[Harrison123]

Hi,

 

I have had a good look at experian credit report and have noted

Lowell Portfolio an amount of £115 .Account type Communications. Default date 04/10/11. Last updated 08/02/15.

That was in credit information.

 

On the PUBLIC RECORD INFORMATION.

CCJ 04/09/14 I am presuming same debt it,s for £664 as I have only ever had a mobile from Three.

 

Is it normal to present like that?

 

I am going to ring Northampts now and request the CCJ case and am still waiting if the bank can find any record of me paying Three at all.

[unclebulgaria67]

Yes.

 

Get the CCJ details from Northampton Bulk centre. You need the particulars of the claim, the address where the claim was sent to, date it was issued and the default judgement details.

 

Once you have the debt details, you should contact Three mobile to find out more information. It is a bit late asking court for set aside, but if you obtain evidence the debt is not really due, you can ask Lowell to set the CCJ aside and then it won't cost you court fees.

[Harrison123]

Yes I realise its late for a set aside.

 

However this was a returned mobile.

 

I took a contract out with Three for a specific mobile as I could not afford separate home broadband and a mobile.

 

Three were offering an all singing dancing mobile which would tether so I could use laptop.

 

It worked absolutely great for about 10 days then tethering completely stopped.

 

I contacted Three and they said return it it must have a fault.

 

I returned it and the new phone they sent was a completely different phone,completely downgraded and it could not tether.

 

Many phone calls later after realising they were not going to send me the phone I had taken contract out for I returned it.

 

Even my older son had several phone calls with them as he understands mobiles and tethering a lot better than me and he could see they had just deactivated the tethering.

 

I then went back to my pay as you go phone with calls only and I can see those payments in Aug 2010 on my statements

I guess this was with Three about early 2010 to middle 2010.

 

I never used the phone and ran up a bill.

 

It may be hopeless but I would like to try and see what I can do about it.

 

I cannot get through to Northhampts as phone keeps ringing out.

[unclebulgaria67]

Whether you have knowledge of technology or not should not be a factor in these situations.

 

If you open up a contract with a company, the contract stays in force until you manage to get it cancelled. Companies like Three don't make it easy and you really have to work hard to try to remove yourself as a contracted customer. Simply sending a phone back and hoping it just resolves itself is unlikely to work. The CCJ is for that amount, as presumably it includes whatever amount is due as a termination fee in the contract.

 

Come back once you have the info from Northampton court.

[Harrison123]

Fair enough.

I was not saying my lack of technology was an excuse.

I was just reiterating the tethering did not work and it was not because of my lack of understanding.

I have phoned my bank and they cannot find any payment to Three and they have gone as far back as May 2008.

Don't know whether that helps or not really.

[unclebulgaria67]

Not helpful in regard to taking out a contract, not cancelling it and not paying anything.

 

If you have a problem like this, get consumer advice and act on it. CAG has been around since 2007 and has plenty of info on how to deal with these situations. Back in 2010, you could have gone into a Three store after registering a complaint and got it sorted out. They either had to supply you with what you contracted for or to cancel the contract.

[Harrison123]

Not sure what I have paid or not paid as my bank cannot find any record of the mobile debit at all.

 

I did cancel the contract.

 

Hindsight is great,

I should have done a lot of things.

Does not mean I owe any money though.

 

Some people are just not up on financial matters,

does not mean they should be taken advantage of or told to do things differently 8 years ago.

 

CAG may have been around since 2007 but I have actually only had home broadband since 2014.

 

You are obviously very savvy and I am not.

Not sure how pointing that out helps.

[dx100uk]

just keep ringing northants bulk

 

 

you'll need the CCJ number you have

ask for a copy of the CCJ and the claimform by email PDF

[Harrison123]

Hi DX.

I have managed to get through and they have emailed the documents to me.

I just cant seem to get them to print off at moment.Not sure why as I have used printer this morning.

 

I have downloaded them.

[AndyOrch]

Redact them and upload them here...no need to print them.

 

Andy

[Harrison123]

Hi,

 

Is it the invoker servlet you need to see?

I have never uploaded anything nor redacted anything so please bear with me.Thank you.

[dx100uk]

whats an invoker servlet ?

 

 

claimform and copy of CCJ