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    • yes when you get your N180 from the court. on the sols copy omit phone/sog/email.
    • you dont need a copy of the letter. just proof. it might pay you to sar SLC as if they had your correct address on record before loan sales to erudio , that will add another very strong string to your bow toward setting aside this backdoor CCJ and the arrows you'll fire at Arrows (Erudio are arrows DCA in sheeps clothing)   you also might like many others find that you still have access to the online SLC portal. that could be useful with info. like deferral dates etc and address and what they knew and when.   at present you are in the info gathering stage, the more of that you can get the better.
    • IMHO i would never have a DD setup for any consumer credit debt. they are not a priority, like mortgage/rent/CTAX/Gas/Electric.   this gives you a bit more work to do, but it ensures there is always money for the priority things that can threaten the roof over your head or it's the necessary home utils needed with one.   it's also worthy to note that somethings that are unconscious priorities (though NOT!) like mobiles/phone/digital tv and broadband etc DD's often contribute to the real priorities not being paid. careful management of those needs to be exercised, like moving their payment dates to after the priorities are deal with in your calendar, or vice versa move the priorities to before those come out.   it is stunningly amazing how many families fall into priority bill debts by blindly pay these 'mentally essential luxury gadget' bills and are in total ignorance of the effect they have upon their available funds as 'they can't live without them'.
    • Just as UB says, he bailiff does not need to be invited in, but he certainly should have announced himself. i dont suppose he said what the enforcement was for?   The bailiff has to have a "reasonable belief" that the debtor resides at your address, if he is permitted to enter.   In the first post you say the Warrant was addressed to next door, is this your daughters property and did this Richard live at that address or your address.?   We should find out what the bailiff may say to try and justify his actions.    
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    • 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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

backdoor Lowell O2 CCJ when they knew my correct address


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Good Afternoon All,

 

I was checking my credit files today & found a CCJ registered against me for £370 in January.

 

Lowell & the court have sent the CCJ and everything concerned to my previous address from over 2 yrs ago.

 

Having done some digging it seems Lowell have been sending me begging letters to my current address since April 2017 for this old o2 debt.  

Lowell have also been sending begging letters for old debts (no PAP forms) as well to my current address which I haven't responded to. 

 

As recently as 7/9/2018 I received a letter of claim @ my current address & I replied to this ticking Box D, signing & dating the forms & confirming my current address not the old one.(I cannot find my proof of posting but I have a copy of the PAP).

 

Given this scenario I find it very underhand that they have issued a claim & registered a CCJ to my old address.

 

Having spoken with Northampton the paperwork was sent out on the 5th December 2018 & judgement entered on the 10th January 2019

 

I would be happy to go to court if needed & show they know my current address & have issued this claim underhand.

 

I am prepared to pay for the Set Aside if it is worth it.

 

I am prepared to pay Lowell a little each month.

 

But ideally I would like some advice on whether I should contact Lowell or just go straight to the Courts?

Will I get bailiffs around to collect the outstanding balance?

Will Lowell be co-operative?

Will they remove CCJ if paid in full..etc etc.

 

Any help would be appreciated as always many thanks...………. 

 

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  • dx100uk changed the title to backdoor Lowell O2 CCJ when they knew my correct address

you have proof they knew your correct address so you have a reason for the setaside.

as its a telecoms debt, the relevant authorities/regulators are down on record as saying excess unused contract months payments till end of term are unfair and unlawful.. so there you p'haps have a reasonable defence for the claim itself.

 

i'd be ringing lowells and see if they'll remove the CCJ and no cost to you and forget about it by mutual consent.

if not sadly its £255 and N244 set aside time.

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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