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    • I'm not sure we were on standard tariffs - I've uploaded as many proofs as I can for the ombudsman - ovo called last night uping the compensation to 100 from 50 pounds for the slip in customer service however they won't acknowledge the the problem them not acknowledging a fault has caused nor are they willing to remedy anything as they won't accept the meter or formula was wrong.   I'd appreciate more details on the economy 7 approach and I'll update the ombudsman with any information you can share. 
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    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
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lowell backdoor Cat debt CCJ - now court bailiffs?, how much will this harm my future?


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Hi I am so stressed out.

I've been at a University address since recently and came home to parents house to discover i have had a CCJ filed against me last month for an old catalogue debt and have been ordered to pay £50 per month with the first payment due in the next few days.

 

I don't dispute the debt I just have no money and as I have now just completed my final year at Uni I am technically unemployed.

 

I will be moving back in with parents very soon and am worried a bailiff will be paying me a visit and cause great embarrasment and distress to them.

 

I've done some preliminary research but it looks very complex to me.

Whether I apply for it to be set aside, or ask a court to change the amount, it all involves paying a fee which I don't have.

I think in order to get help with fees you have to be on JSA/unemployment benefit? I don't want to do this.

 

Just wondering what is likely to happen now?

The amount of the debt is "only" around £300ish but I can't afford anything until I get a job.

 

If the bailiff comes and I don't let him in,

I know they can't force entry as long as doors are locked etc but what is the worst they can do?

Can I just ignore him completely?

Any advice greatly appreciated

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Hi and Welcome to CAG

 

If you are happy to accept the Judgment and will ing to pay ..you convert it a more affordable payment arrangement through the court,

 

Using the N245...the fee is £50 unless your exempt.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order-**Correct-as-at-Feb-2017**

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406096-LEGAL-EX160-160A-160c-Court-Fees-are-you-exempt.-**Correct-as-at-April-2018**

 

Thread moved the appropriate forum

 

Regards

 

Andy

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Thanks Andy.

 

Just as I feared unless you're officially on a unemployed benefit or receiving help with something, it looks like I'm not eligble for help :-(

 

Does anyone know a way around this?

 

To clarify;

I'm living with parents,

just finished uni,

unemployed,

no money,

deep into an overdraft and don't wish to claim JSA or anything.

 

What can I do?

 

EDIT: Just realised something at the bottom of that topic.

The county court this was claimed via was Northampton so wouldn't be eligble anyway?

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Ask the Bank of Mum & Dad ...or speak to the claimant and arrange a payment plan...most prefer to do it through the n245 rather than direct...because its court approved and if not through the court the claimant will contacting you every week to see if you can increase payment.

We could do with some help from you.

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Unfortunately that bank is not an option, and my payment plan offer to them will likely to be £1 or £2 per month (until I get a job).

 

I'm just wondering if there is there any motivation for them to entertain my "offer" when they already have a CCJ instructing me to pay £50 per month?

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As its already been set as monthly payment you could consider a redetermination..this is free if done within 14 days of the date of judgment.

 

https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx

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Your not re read post # 4.

 

Make them an offer...far better than not attempting anything.

We could do with some help from you.

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True I just know from past experience what these debt collection people/agencies are like.

Most of them are just trying to do a job, no doubt under pressure from their superiors with targets etc but their compassion for people struggling always seems very low.

 

I will contact them and try and make a token offer until I gain employment, but what if they reject it and just go through their script of referring me to organisations that can help? Just make the token payment anyway?

 

I'm sure whatever I say or offer "enforcement action" is probably inevitable :-(:-(

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Well as per your thread title...given as your unemployed...I assume no assets.....no savings....not much they can do..whether you pay or not.

We could do with some help from you.

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Am I correct in saying that a bailiff can't be used when the debt is regulated under the CCA?

 

Only HCEO Sham not court Bailiffs

We could do with some help from you.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No...see post #29 in your link

We could do with some help from you.

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The Judgment creditor can accept less than than the Court Judgment amount set..( it was the claimant that set amount when they requested judgment)..so not a problem.

 

If we knew who the DCA was we could hazzard a gues as to whether there is history of them ever doing it on a CCA agreement.

 

I would ask for conformation in writing that you have agreed this payment plan....just in case.

 

Lastly the fee to execute a warrant is currently £77.00 MCOL and £110.00 manually

 

Andy

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Thanks a lot Andy

The creditor is Lowell I know they have a bad reputation but it seemed like the woman on the phone was really genuine, but doesnt mean to say she doesnt have more unforgiving superiors.

 

Yes she said I'll be getting payment plan through the post. I really doubt its going to explicitly state "if you continue this payment plan, we won't enforce the debt" as it would mean I could take over 10 years paying it off haha, hardly worth it for them when they have the CCJ?

 

 

So £25 to apply for the CCJ, and £77 to enforce it? Thats almost certainly more than they paid for the debt isn't it?

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Not heard of Lowell executing CCJs with Court Bailiffs.....and they wont for a judgment of £300

We could do with some help from you.

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Excellent thanks for the reassurance.

In any case they would have to send a letter giving me 7 days notice ahead of the first visit, right?

 

I have quite a few debts with them, this was for the lowest amount. Do you think its likely they purposely chose to pursue a CCJ for this one to see what my reaction would be and if I would immediately pay up? As if I did, I'm sure they would apply a CCJ on the other accounts too to get the money ASAP?

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Doubt it...what would be the point...they know theres no gold in there hills...now you have informed them with regards to this judgment.

We could do with some help from you.

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Like most things on the internet I've seen a lot of conflicting information about this and was wondering if anyone could actually categorically clarify what the deal is?

 

I've recently got my first ever CCJ and am worried sick about the future and what it could prevent me doing.

I don't plan on working in finance, but i've seen things and even topics on here i've searched (from 2012) that suggest it has prevented people from doing jobs you wouldn't think of all because the company performed a credit check.

 

The no mortgage thing isn't a big deal to me, but i'm seriously considering a career in the civil service or the police force and am worried this could be held against me?

 

Some say a CCJ isn't much worse than a default, but it is right? Much worse?

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Depends on the individual circumstances...your assets your employment..your future aspirations....and where your at at this particular time in your life.

 

As in your case tom as we conversed considerably today

 

Your unemployed at present....so no effect cant attach to your earnings and in future unless you wish to work in the finance/legal industry..not a problem.

 

You reside with Mum & Dad... so they cant get a charging order or force sale your property.

 

You have no savings or assets....so they cant make you bankrupt or use a third party debt order.

 

The Judgment only shows on your file for 6 years then falls off...no trace.

 

 

Someone else....who is say asset rich cash poor..it could be bad all the above could apply..

 

Someone else...who is keeping their head above water ...just..it could be devastating ..they could have charging order placed on their property or even forced to sell...attachment to their earnings etc etc

 

So different for everyone....and their particular circumstances

 

Can be a lot worse than a default...subject to the individual

We could do with some help from you.

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