Notice of Issue of Warrant of Control (LOWELL)

[tmbweb]

Hi all

 

Posting on behalf of a friend without internet access.

 

The debt originates from Tesco Mobile, circa 2013, originally ~£200. He didn't pay it as he was unemployed and forgot about it at the time.

 

Fast forward to 2015, he received a CCJ at his mother's address (he didn't actually read the letter til mid 2016, he doesn't live there anymore).

 

Obviously, he didn't reply to anything regarding it.

It is on his credit file as £672 on 22nd December 2015 from County Court Business Centre.

 

On the 27th of November 2018, he has received a "Notice of Issue of Warrant of Control" with:

 

Total to pay ((inc. fees) on this warrant): £279.25

 

Balance Outstanding (after payment of this warrant): £472.02

 

It then instructs him to pay his local court (NOT the one that issued the CCJ).

"If the payment is not made before 7th December 2018 the bailiff will call and may remove your goods" etc.

 

He has had absolutely no contact with the original debtor, the courts or Lowell.

He does concede that it's his debt, but he also begrudges paying a DCA, rather than Tesco themselves.

His main concern is for his mother, he doesn't want bailiffs attending her address (she is quite an ill woman).

 

What would be the most appropriate course of action for him to take?

 

Thank you very much for reading, any and all responses would be very much appreciated.

 

Have a nice day

Edited December 2, 2018 by dx100uk
spacing

[dx100uk]

did he inform Tesco he had moved?

or latterly the DCA

or just ran and never told any of his creditors?

[tmbweb]

Thanks for the prompt response!

 

He hasn't told any of the parties anything at all, so yeah, basically just ran - albeit not intentionally at first

 

did he inform Tesco he had moved?

or latterly the DCA

or just ran and never told any of his creditors?

[dx100uk]

N245 time then me thinks.

vary the judgement

that should stop the bailiff too.

 

its only a court bailiff

there are no powers of immediate forced entry on consumer debt regulated by the CCA anyway.

so the mother is safe.

just inform him its being done

or ask the court to do so

[fkofilee]

Is this a CCA Regulated debt though DX - Its Telecoms... Might be covered in some capacity?

[Will Goodfellow]

His main concern is for his mother, he doesn't want bailiffs attending her address (she is quite an ill woman).

 

If his main concern is for his mother, he can contact the bailiffs and give them his address instead. He can then deal with the bailiffs himself.

[tmbweb]

Forgive my ignorance, but what exactly will submitting an N245 achieve? (Genuine question, Google seems to point to quite a few different scenarios?)

 

I would imagine it is covered by the CCA given that it was a phone contract, but I'm not entirely sure?

 

& as for contacting the Bailiffs regarding the address - that is absolutely fine. However, seeing as it's a court matter, it complicates the situation. Would he contact the court to update his address, or would he contact the DCA directly? (Something which seems to be ill advised, if Google is to be believed).

[dx100uk]

don't search google use the search CAG box of the top red toolbar here.

 

N245 is a variation order, from a full sum owed now, hence court bailiffs, to a small monthly sum.

 

type in N245 and read

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=N245&sa=Search+CAG

 

he has to put his address on that so everyone will now know it anyway

no need to contact the DCA