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Backdoor Lowell telecom CCJ - £50pcm judgement received


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Hi everyone

I have just joined the CAG as I was told this site has helped many people in trouble

 

am I am in trouble with Lowells for an old telecom debt,

 

they have taken it to Northampton county court and a judgement has been passed without me knowing,

 

want a payment of £50 commencing next

 

what can I do about this I feel it may be too late????

 

Please can someone hlp me.

 

 

Regards

 

 

Iceblock

Edited by dx100uk
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so the claimform and all the letters were served to an old address and you never updated it?

have you moved recently?

 

go ring northants bulk and ask for a copy of the claimform and the CCJ by email PDF.

 

you'll need the CCJ number from you credit file

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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Did you not defend the CCJ then?

Were you aware that they had issued a claim?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Go do as post 2

This could be an easy set aside if your address WAS on the claimform

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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Thread title updated

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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Morning,

 

I phoned this am and requested claim form and CCJ and this is all I got back

 

Particulars of claim:

 

1) THE DEFENDANT ENTERED INTO AN AGREEMENT WITH TALKTALK TELECOM LIMITED UNDER ACCOUNT REFERENCE .... ('THE AGREEMENT').

 

2) THE DEFENDANT FAILED TO MAINTAIN THE REQUIRED PAYMENTS AND THE SERVICE WAS TERMINATED.

 

3) THE AGREEMENT WAS LATER ASSIGNED TO THE CLAIMANT ON 23/03/2017 AND NOTICE GIVEN TO THE DEFENDANT.

 

4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF £304.17 REMAINS DUE AND OUTSTANDING.

 

AND THE CLAIMANT CLAIMS

A) THE SAID SUM OF £304.17

B) INTEREST PURSUANT TO S69 COUNTY COURTS ACT 1984 AT THE RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT TO THE DATE OF ISSUE, ACCRUING AT A DAILY RATE OF £0.067, BUT LIMITED TO ONE YEAR, BEING £24.33 C) COSTS

 

Regards,

 

Jason Johnson

Helpdesk Administrative Officer

County Court Business Centre | HMCTS | St Katharine’s House | 21-27 St Katharine’s Street | Northampton | NN1 2LH

 

I also asked for PDF ?????????????????

Edited by dx100uk
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Pity you didn't check the address it was served to also.

 

What date is the judgment ?

 

Andy

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Andy,

 

Date of judgement was 18th June 2018, the person I spoke to said he sent a claim pack out 14th May I told him nothing was received I can ring again.

 

 

regards

 

 

Iceblock

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Andy,

 

 

Just spoke to them again and was told they don't keep copies and that is the only info they have also the address is incorrect as far as I know there is the same door number down my road one is a house and I live in a tower block so what I can make out the claim pack had gone to the other address if that makes sense.

 

 

Regards

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Thanks......so options.....

 

You can set a side the claim for incorrect delivery....but you must have a viable defence to offer.....otherwise its a further waste of £255 to make the application N244.

 

Alternatively you let the CCJ stand and request a redetermination of the £ 50 PM given that the judgment was made on the 18.6.18..you only have 14 days in which to do this (6 now)

 

This is free of charged if made within the 14 days

 

You can usually ask for a redetermination by sending a letter to the court, although you can sometimes be asked to complete form N244 instead. Check with the court. The case will normally be transferred to your local County Court hearing centre if there is going be a hearing. There is no fee to pay.

 

Regards

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Depends if you want to set aside [restart] the claim.

Or

If you wish to simply vary the sum PCM they have demanded

 

That would be n245 and is free for 14 days from judgement

As andy said

Dx

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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Andy just a quick question called court they told me I would have to complete the following forms N244 and EX160 is this correct

 

 

regards

 

Which option do you wish to go for ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Okay looking at your initial post this was a default judgment...so you will have to use form N245 to vary you cant use redetermination.

 

This will go to Northampton MCOL as the claim has never been transferred to your local county court

 

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...the EX160 is only used to apply for exemption of court fees..if your on benefits etc.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Andy sorry I am quite dumb in all this if I use N245 will it cost further and will I have to go to court??? also if they want proof of benefit that will take time to be sent so really don't know whats next

 

 

 

 

Regards

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You have to use N245...no option.....shouldn't require a hearing...the fee is £50. (unless you submit it with the EX160)

 

Have you not got any papaerwork from the DWP (recent letters) to confirm your on benefits.

 

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Andy, No written letters just my bank statement the funds are paid in they mention on the notes form they will contact the DWP themselves to get proof so maybe they will not want written evidence

 

 

Thanks again for your precious time - messed up here

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:thumb: Only make an offer you can comfortably afford.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Thats because you should be completing the N245 not the N244

 

Post #18

We could do with some help from you.

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If you're claiming benefits and doing a Help with Fees application, I would seriously consider doing the N244 and applying for a set aside and then defending the claim, as you will not need to pay the 255 fee.

 

There was a very recent TalkTalk debt on this subforum that was dismissed by the DJ for lack of agreement etc.

Also if you can show that the correct address was on the account, however Lowells computers did not write it out correctly, you would have reasonable grounds for claiming non receipt of paperwork.

 

You shouldn't need to do an EX160 when you can use the following application here:

 

https://www.gov.uk/get-help-with-court-fees

 

I've done this a few times and at the end, if you qualify you should receive a code beginning with HWF at the end of the application.

You will also receive a copy via E-Mail.

You can type or write into the top right hand corner of most forms whether you do the set aside N244 or N245.

 

With a Help with Fees application you should not need to supply any supporting evidence of benefits,

the HMCTS obtain this on your behalf,

 

It is worth however, priniting out the help with fees email and including it with any form you send to the court,

just incase the clerk misses the application number at the top of the form.

Edited by dx100uk
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  • Haha 1

This is how I spend most of my life :ranger:

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