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backdoor lowell cat debt CCJ - now warrant of control

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Hi there

 

Im new to this forum and need some advise please.

 

Heres the story

 

My friend has received a "Issue of warrant of control" letter a few days ago ,

hes confused as to why this is,

 

we checked on his credit file and noticed a ccj that has been placed by Lowells, how surprising!

 

its weird as some guy knocked asking for my friend a week ago he said he was from resolve call!

 

not sure why as i said he isn't here s the guy just walked off.

 

Not sure if he was connected to Lowells or the same debt.

 

he has never received any court claim forms at all prior to this the debt is with littlewoods online catelogue.

 

Please can you advise on what is his best action.

Hes on a low wage only works part time

hes worried now as we dont want bailiffs at the door ,

they would go straight for the car!

 

Any help is much appreciated.

Edited by dx100uk
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Hi and Welcome to CAG

 

You have a few options .....

 

https://www.nationaldebtline.org/EW/factsheets/Pages/stoppingbailiffaction/countycourtbailiffs.aspx

 

You can suspend the Warrant and set a payment plan

You can set a side the judgment and fight it..assuming you have a defence.

 

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

 

The fee is £50 to submit the N245 unless your exempt from court fess.

 

 

Andy


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Title updated....

 

The resolvecall powerless dca doorstepper would be nowt to do with this debt..and you NEVER talk to a DCA on the phone nor at your door

 

The bailiff would have been a court bailiff, predominately nice guys not on fees commission so will back off once they know a set aside [N244] or a variation N245 is being actioned.

 

Might pay you ring northants bulk monday and ask for a copy of the claimform and the CCJ by email pdf


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Thank you for your advice.

ill give the court a call then tomorrow,

what do i need to do once if and when i get the copies of the papers?

 

was lowell suppose to send claim forms initially?

i always thought they did need to do this first before entering a ccj,

which has now messed him my friends credit record

 

im not that clued up about all this legal stuff. its very daunting .

Edited by dx100uk
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Go read those threads in that link i sent

Quickest way to learn......


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If i get the copies of the claim papers.

 

what grounds can i dispute defend the debt?

as i do know that its not SB as the VERY/LITTLEWOODS account was only taken out in year 2016

 

Confused what road to go down now, as cant afford the £50 for the n244 or n245 not sure which one is which now lol.

 

this is truly doing my head in tbh

worried we will lose the car too, as we share it , its being signed over to me now , from my friend with a receipt is this enough proof to the bailiffs?

the V5 log book is in my name as from now.

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well either 244/245 needs doing

 

p'haps get the details from the claimform etc when you get them and post them up here

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**(3-Viewing)-nbsp

 

ok I agree for a 2016 it could be diff

 

court bailiffs rarely seize cars etc

again don't go thinking what you see on tv concerning HCEO's gives for court bailiffs

they are not your enemy.


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i shall look into sending forms N245 AND EX160

can i send via email to the courts

 

also when it comes to the part that states I ENCLOSE FEE OF:

what happens with this as i dont have a cheque book and as i want to email them over do i leave this blank? as i wont know what the court will want me to pay .

 

Sorry if this sounds confusing

 

Thanks

 

Hello again sorry to be a pain

 

Do i first send the EX160 off to the court to get fee waivered ?

as on the N245 Form it asks for the fee account number and reference.

 

also i dont have a claim number as on the issue of warrant of control it only has a case number.

 

or send both together and wait for court to tell me what payments installments i should be making?

 

Thanks much appreciated

Edited by dx100uk
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do as the bottom of post 3 first

get all the details.

 

you cant email n245/ex160...pay by P Order if you've no cheque book


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What i mean do i have to pay the installment same time as sending forms, someone told me that i can send via email pdf file to the court ?

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do as the bottom of post 3 first

get all the details.

 

you cant email n245/ex160...pay by P Order if you've no cheque book

 

Theres probably no point getting the claim papers , as its not SB i know for sure so i have no other defense really ,im done for.

Is still need to know do i send the forms N245 AND EX160 Together? with or without payment.

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you do need to do as the bottom of post 3!!

and there is always a defence!

 

you need to send shop direct a free sar. too

you never know what it will throw up.

 

you can send the forms together

the court will contact you if they require payment.


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ok thanks.

so is this issue of warrant of control letter a final letter or do i get another saying when balifs come

 

im worried they come before ive actually got these forms sorted and sent.

 

is it right that baliffs can attend any 7 days in the week ?

Edited by dx100uk
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I refer you to the bottom of post 8

and

post 3 / 4

 

don't worry about the court bailiffs

they are not your enemy

theres no right of forced entry on civil debt

and as soon as you tell him you are actioning an N245 he will walk away happy.


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Ok thanks, ive just printed out and filled out the forms N245 and EX160 i rang the court to notify them that im sending these over,

 

They have put a note on my case regarding this.T

 

. i just hope they accept my offer of payment monthly at £30 as i cant afford no more that this.

 

Im hoping now that this has stopped the bailiffs coming .

 

Thanks everyone for your help.

 

will keep you posted what the end result is.

Edited by dx100uk
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Did you ask for the missing paperwork whilst on the phone?


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Ok thanks, ive just printed out and filled out the forms N245 and EX160 i rang the court to notify them that im sending these over,

 

They have put a note on my case regarding this.T

 

. i just hope they accept my offer of payment monthly at £30 as i cant afford no more that this.

 

Im hoping now that this has stopped the bailiffs coming .

 

Thanks everyone for your help.

 

will keep you posted what the end result is.

 

Just to add do you think £30 a month is ok it leaves me with nothing after this once all bills are paid. what is a realistic amount that you feel lowell or the courts would accept per month with an income of 912.00 an outgoings £198 ?

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£10pcm

Go get that paperwork from the court and sar shop direct


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I dont know how to do all this. plus times running out now as the bailiffs can come at any time now . should i just get the N245 in asap still?

 

if i was to get the original claim form this will delay things

, and i really dont know what defence i can use as i said its not SB i have checked

 

Are you saying that £10 per month is an amount they will accept?

 

im sure lowell would want more tbh as they are greedy parasites as everyone knows so they may refuse , and i really dont want to attend court as i suffer anxiety.

Edited by dx100uk
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Lowell dont decide as such

The court could see your I+E and say all of your available cash should not be used on one debt...

 

Go get that paperwork from the court and SAR shop direct!!


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ok so if i sar shop direct then what happens.

 

do i still send the forms in the mean time??

 

as i really need to stop the bailiff

ive already told the court what im doing shes made a note of it on my case.

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Send in the forms yes

 

You then to gather as much info as possible

Get the court to send you a copy of the claimform and the CCJ by email pdf

And sar shop direct

 

You never know what the comms log from SD will throw up


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so what do i actually do once i get all this info sent to me?

as this is all taking up my time trying to sort this crap out as it is.

 

will the court accept the N245 forms if i type out on the pdf or do i have to print out write in manually then scan?

 

Thanks

Edited by dx100uk
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Get on with it..

You can type on the pdf yes

Or load it into a pdf viewer and fill it in and resave it under a diff name..use the CCJ number

 

Courts close at 4 pm

Go ring northants bulk with the ccj number from your credit file

And ask for a copy of the claimform and the ccj by email pdf

 

Do it now else its another day wasted!!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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