Backdoor Lowell CCJ for a CCA re a Faulty3uk Phone

[Bombaybadboy]

Hey,

im hoping to get some advice on a debt that just won't go away.

It started when I got a contract phone from 3 uk and the phone didn't work properly.

I asked for a replacement but they said they could only repair so it went off for repair for a week and I got stuck with one of there lender brick phones.

 

Then I got it back but it still had the same problem so again it went for repair and I got the brick lender phone again.

Week later I got it back and still was broken, so i went in saying replace this or I'm ending the contract.

They offered to send it away again I refused and took all add ons off the contract but they wouldn't let me stop the contract itself so i told them to stick the contract and left. That was about 2010 when I cancelled and refuse any more contact with them.

 

Not long after lowell bought the debt and hassled me every week or 2 with colourful letters for years.

I refused to have any contact with them at all.

 

After years the letters got less and less until they stopped.

Last letter I think was 5 years ago and they went quiet.

 

A couple of weeks ago I got a very polite email from bw legal on behalf of lowell asking how they can help me settle the debt with lowell.

I instantly sent back a statute barred reply because the debt was so old.

 

I got a reply from them saying lowell took it to court in 2014 so not statute barred.

I received no court judgement sent to my address.

 

Now they are politely asking me to fill in a means form or do it online but i dont want to do anything to reactivate this debt for even longer.

Can anyone give any advice I just refuse to pay on principle if anything.

 

2018-04-24 BW re 2014-05-12 CCJ.pdf

[sgtbush]

You need to check if you have a ccj for that date.

[Bombaybadboy]

How do i do that please I haven't delt with debts before only this one.

[AndyOrch]

Thread moved to Financial Legal Issues in view of the CCJ..please continue to post here to your thread.

 

You can check your credit files or the CCJ Registry Trust.

 

https://www.trustonline.org.uk/understand-judgments-fines/entries-on-the-england-and-wales-register/ccjs-and-the-register

 

Regards

 

Andy

[Bombaybadboy]

My main question is

can they keep taking this same debt to court,

 

i held lowell off for years i can hold bw legal off for another 2 years if they don't take it back to court.

 

I don't care about credit ratings as I don't like using credit I'm a cash only person.

[BankFodder]

Maybe we could discuss the possibility of overturning the judgement – getting a set aside – and then challenging 3 for their breach of contract.

 

Maybe you could give us more information. Have you found a copy of the judgement yet?

 

Why might it have been that you hadn't received a copy of the claim or any of the preceding papers? Might you have moved home and not inform people of your address?

[Bombaybadboy]

I did move but lowell found me and started sending me letters here around the time they claim they took me to court.

[BankFodder]

When you say that "Lowell found me…", You make it sound as if you deliberately didn't inform anybody of your new address in order to escape the problem. Would you like to tell us a bit more?

 

Have you found a copy of the judgement on the CC J registry trust website which was posted for you above?

[Bombaybadboy]

I have took no interest in lowell's colourful letters in years and made no contact with them at all but every other important e.g. bank driving licence ect I informed I moved and even poll register so i wasn't hiding.

Cant check ccj until tomorrow when I get paid as my bank is empty.

I'm unemployed and I don't get benefits so live day to day.

[BankFodder]

Well if you really have no money then I suppose that you could continue to ignore them and hopefully get to 6 years beyond the CC J after which time it will be unenforceable. On the other hand, you say that you refuse to pay on principle – and if principle is that important to you then you could investigate the possibility of having the judgement set aside and then attacking O2 – although it would depend on what kind of information you can get from O2 if you send them an SAR.

 

If you did want to overturn the judgement them because you are unemployed, you would be able to get a fee waiver and with the new GDPR regime about to start on 25 May, the SAR would be free as well.

 

It's up to you how you want to play it and how much trouble you want to go to.

[BazzaS]

Well if you really have no money then I suppose that you could continue to ignore them and hopefully get to 6 years beyond the CC J after which time it will be unenforceable.

 

Assuming there is a CCJ (and that still should be the OP's first step, to check): It won't be unenforceable at 6 years. It will just become "only enforceable with the leave of the court", and also (potentially more relevant!) drop off the OP's credit report.

 

If it wasn't enforced for 6+ years on grounds of the OP being impecunious, the judgment creditor tried to keep in touch with the OP and the OP then won the lottery, I'd expect a court to allow enforcement after 6 years on the grounds it was 'just and fair'

If it wasn't enforced for 6+ years, the OP kept in touch with the creditor, and the creditor could have enforced it but just didn't bother : I'd expect a court to refuse permission if they went back for permission at 6+ years.

[AndyOrch]

Lets wait and see if there is a judgment first.

[Bombaybadboy]

My next move is to try and buy some time and send them this reply, hopefully documentation has got lost over the 8 years

BW Legal Ref No. LIT/S65$$$

Enterprise House,

Apex View,

Leeds,

West Yorkshire.

LS11 9BH

30th April 2018

Dear Sirs

In regard to your Letter received on 28/4/2018

Before consideration of any private information as your company requests I first require further information from your company and your client Lowell Portfolio Ltd.

1:- I Require a copy of your complaints procedure

2:- I Require a copy of the original Signed agreement as covered by the Consumer Credit Act 1974

3:- I require a full financial breakdown of the alleged Debt

I enclose £1 Postal order which is intended Only for payment of copy of original signed agreement and under no circumstances to be misconstrued as a payment for the alleged debt.

Please send all Require information Within the timeframe allowed by law of 40 days of the date of this letter. Please note that copies of all correspondence will be recorded as evidence.

look forward to hearing from you.

yours sincerely

wayne $$$$$

[BankFodder]

Don't send that letter. I think that you are badly confused as to your various rights.

 

What are you trying to ask for?

[Bombaybadboy]

the original signed agreement i signed with 3 uk phone service, when i bought that broken phone.

Instead of me proving i don't owe money i want them to prove that i do.

This is a pretty old debt that's now been past to a 2nd collection agency and i want them to put some effort into giving me what i ask for.

There is something wrong with this debt because i've dealt with lowell about this debt before and they was never polite like bw legal

if i found out someone had a debt and wrote to them don't they have a right to ask me of proof i have a right to ask for that money? thats what i want to ask them.

most agencies don't no much about the background of the debts they try to collect

[dx100uk]

yes don't send that please

gather info FIRST.

 

there is NO signed agreement so its pointless asking for that.

and anyway their need to now produce anything is long gone

the CCJ trumps that need.

 

you need to ring northants bulk and ask for a copy of the claimform AND the CCJ by email pdf.

 

then we can start to sort things out.

 

dx

[Bombaybadboy]

now that i understand,

i don't claim to be a freeman of the land stuff but i do believe there are things going on at Northampton bulk centre that are unlawful and illegal and them their selves dont like to claim liability

[dx100uk]

nothants bulk are mostly an automated bulk issuing court where not human checks anything.

 

not sure what you are saying, but it doesn't make sense..

[Bombaybadboy]

ah sorry

i thought you referred to northhampton bulk centre courts where most cases are judged online and they have no judges there.

a place where you find most ccj's against people from debt collection agencies and most councils

. if they do have a ccj against me in 2014 then i was sure it will be from there.

[dx100uk]

same place

if its a default judgement [which this is] then no judge would ever had seen anything

its an automated process.

[Bombaybadboy]

i'm trying to search though northhampton bulk records now but its hard to find their own records for 2014 they cover their tracks, but i am going to start looking there first

[dx100uk]

why?

 

dx

[Bombaybadboy]

if there is any CCJ record for me im guessing it was done from northhampton being a debt of this age,

if companies or corporations want to go around laws thats the place they will do it.

this debt should be statute barred

[dx100uk]

you wont find a record there

but you will on trustonline

but you must use the address the CCJ was registered against

 

doesn't matter what the age is, if its a default non contested judgement it will have been issued from northants, but they have no online records for you to search at all.

 

dx

[Bombaybadboy]

I just wanted to send some reply or they will carry on without me after 7 days they gave me to reply (they held back the letter 4 of those days)

3 days to reply some kind in OP of replying in first letter.

thats why i wrote that letter as its classed as a reply if its not the one they want.