Jump to content


  • Tweets

  • Posts

    • No the first LBA was delivered by royal mail, but I responded by email, sorry if I didn't make that clear.   I look at redacting the emails tomorrow, got to get some sleep now.   Thanks
    • ok well that changes things alot. you've accepted one before by email  and now they are doing it again ..   might have shot yourself in the foot until now lets get some 1st aid done.   gonna be a pain to redact but i'm gonna need to see all the emails in/out please in ONE MULTIPAGE PDF from/inc  date of their last PAPLOC   redact them properly !! read our upload guide carefully   you may  think this is immaterial, but its not, esp important is their and your exact wording
    • OK I've looked back at my emails and it appears I've been dealing with shoosmiths since the start of 2019 when they sent a LBA that I'd totally forgot about.   I replied that I didn't recognise the debt and we got into a big letter tennis over the facts.   They then went quiet and then contacted me again in April 2020 asking for income and expenditure details to work out a payment plan with them.   After I responded with my covid comments they went quiet again.   And now they are back with another LBA and I haven't responded to that.   Hope that clears it up. 
    • you are not being consistent here....   when did you last reply to any of them using email please
    • No, they contacted me in April 2020 not long after covid had hit the UK, but before any government support was announced.   They knew I was self-employed so I responded how I thought it was disgusting that they were threatening people with legal action at a time when many people like me were loosing their income and struggling to pay basic bills and buy food.    Looking back at it the only difference this time is the Letter Before Action, to ramp up the pressure to agree to payments, I assume.
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

backdoor mobile debt CCJ - Set Aside?


Please note that this topic has not had any new posts for the last 743 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello all, firstly, I want to thank anyone for their time and advice in helping me with this matter, it is truly appreciated.

 

In 2013 I took out a mobile phone contract while at university.

Due to a number of factors, I withdrew from my studies for two years, and moved from the UK.

I had severe financial issues and neglected to make my phone payments during this time.

I subsequently returned to university in the UK, and very regrettably, didn't think about the phone contract again.

During the time I moved addresses numerous times.

 

To make a long story short, a CCJ was issued to a previous address.

I was renting a room from my friend at that address, but had moved out when it was issued.

The CCJ never reached me, and only after checking my credit this week did I discover it had been issued (which was sometime in March of last year).

 

I have done a lot of research on what to do, but it seems like although I never received the CCJ, I should have updated the creditor with details of my address changes.

Being young and dumb, I didn't take the steps I should have and now I live to regret it.

 

My question is thus:

I have not paid the CCJ yet.

What steps should I take?

 

I have read about agreeing with the creditor to set aside the CCJ, but what are the steps involved in this?

I have also read that the court will not necessarily agree to set it aside, even if the creditor consents to this.

 

After many years of university, and overcoming a lot of personal obstacles, I hate to think that because of this CCJ, I will not be able to pursue the career I have studied all this time to go into (which is a career in the legal sector, which I will not be able to enter due to SRA checks).

 

Again, I truly appreciate any help with this.

I'm pretty overwhelmed, and pretty gutted to say the least.

Edited by dx100uk
spacing
Link to post
Share on other sites

1st port of call is to get as many details of what and who you are dealing with.

 

give northants bulk a ring tomorrow

ask for a copy of the Claimform and the CCJ by email PDF.

 

looks like they got the CCJ within 6yrs

and to be honest I cant see either a set-aside reason nor a defence for the actual claim.

 

the claimant wont entertain a mutual set aside as they've done nothing wrong.

and I cant see you being able to do one through the courts for the above reasons either.

 

as its a mobile debt, it will be as all of them are, monthly sums till the end of contract .

but you didn't continue to use their service and were most probably stopped from doing so as it was terminated long before the full term expired but they still charges you and latterly sold such debts on to a debt buyer under a portfolio sale.

 

the relevant authorities are down on record as clearly stating these practices are unfair

and we've won or seen claims remain stayed here for that very reason.

but yours is cut and dried.

 

don't think we've seen anyone try to get a mobile CCJ removed by whatever method and succeed here yet.

 

thread title updated for clarity

 

dx

  • Haha 1

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... 

Link to post
Share on other sites

Thank you very much for your reply!

 

I will give them a call tomorrow and gather that information.

I gather that there is nothing I will be able to do then to remedy this situation?

I am able to pay the full amount.

Has anyone been able to agree with the creditor that if they pay the amount in full, they will agree to having it set aside?

 

I'm sorry if I sound naive, I'm just devastated honestly.

 

I feel like this is really seriously going to impact my career opportunities, and while I 100% admit my fault in this, I want to try everything I can to minimise the impact this will have on my job search.

Link to post
Share on other sites

get the info first

i'm sure there have been a few cases with one or two DCA's in the past whereby they did agree to remove the CCJ as a condition of full payment and I don't think those had to go thru a court, the DCA just did it

i'd have to poke around

 

but its very rare.

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... 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...