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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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Backdoor Lowell CCJ - old very cat debt at Old Address 11 years ago!


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I have today checked my credit file and I have a CCJ from Lowell Finance at an address I haven't lived at for more than 11 years. 

Lowell have chased me for this debt and another one at my current address. 

Surely this is illegal but I have read of course it isn't! 

 

I have had court cases with Lowell and won on two occasions so this is a cheeky tactic. 

 

I want to get this judgement set aside as I had no idea about it

to defend it (still fuming),

no chance to defend case etc,

no paperwork about the debt to prove it is mine etc. 

 

What is the best way to go about? 

I am just contact the court now via phone to get more details. 

It is annoying I have to pay a fee but it is what it is! 

 

Should I contact Lowell as well via letter? 

 

Just to add default on file is august 2018 so it won't be defaulted.  I believe it is for a very account

 

Any advice would be great.

 

Thanks

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So thru previous court claims you can prove Lowell knew your correct address prior to issuing this claim?

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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Yes I can prove from a previous claim and chase letters that lowell knew my correct address.  Also from another debt they are chasing

 

All my credit file which they have search has my correct address on the electrol role, another debt they have defaulted me for and that link address I moved out of the one they got the ccj for 11 years ago! 

 

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  • dx100uk changed the title to Backdoor Lowell CCJ - Old Address 11 years ago!

Lowell didn't default you, the OC did upon sale or previous to them.

 

right i'll ask again..

 

have you successfully defended a claim from your current address prior to the issuance of this backdoor ccj and the issuance of its 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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but this ccj was attained after the one you defended yes?

so what does that tell you..

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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Share on other sites

ring lowells solicitors

catch them on the hop

 

tell them you want them to set aside the CCJ you've just found FOC to you as they already knew your correct address from the previous case.

they purposefully attained it using an old address.

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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Share on other sites

Thanks DX, called them as mentioned and told them the above! 

Seems like an advisor kept shirking my question about using an old address. 

 

Would you say best course of action is to write a letter to them recorded? 

I have emailed as well but not reply as of yet. 

Thanks in advance for any advice

 

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no question needs to be asked by you...

simply demand Lowell solicitors [who you should be speaking too NOT Lowell general number...]

set it aside free of charge to you as the KNEW your old address from the previous claim correspondence 

 

 

 

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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Share on other sites

This is the reply from Lowell Sol, how should I base my reply?

 

Client Name: Lowell Portfolio I Ltd

Our Reference:                        

Balance: £3,176.09                               

 

Thank you for your recent email.

 

Please be advised that your telephone call dated 12 September 2019 was the first correspondence we received from you regarding the account. As there were links to your credit file at address and this was your last known address we issued the Claim form on 15 May 2019. Please note that It is your responsibility to update all creditors of any change to your address, this is to ensure correspondence has been sent correctly. Our client’s position is that the Claim was served to your last known address as per the Civil Procedure Rules, therefore the Judgment is regular and should stand.

 

We have raised your request for a Subject Access Request with the relevant department, they will collate the documentation requested and provide this to you in due course.

 

We note that you may be making an application to set the Judgment aside, if an application is made we will review any documentation received and respond accordingly.

 

Please contact us with your intentions regarding the above matter by return, failure to do so may result in one of the following forms of enforcement action being taken against you, incurring further costs to the account balance:

 

-          Warrant of Control: A County Court Bailiff will visit you at home to discuss payment of the outstanding balance.

-          Attachment of Earnings: Your employer being ordered to deduct payment from your wages.

-          Charging Order: If you own your home, securing a Charge against it so that payment of the debt will be deducted directly from the proceeds.

 

If you are experiencing financial difficulties, you may wish to seek free and impartial advice from StepChange Debt Charity on 0800 138 1111 or visit www.stepchange.org.uk

 

If you wish to speak with a member of our team, please telephone us between 8:00am and 8:00pm Monday to Friday or between 8:00am and 2:00pm Saturday on 0113 335 3334. Alternatively, you can now view your transaction history, use our helpful Budget Calculator and make payments including setting up a Direct Debit plan by registering online at www.lowellsolicitors.co.uk

 

Yours sincerely

 

Lowell Solicitors                     

Darwin House 7 Savannah Way Leeds Valley Park West Leeds LS10 1AB

image.png.1ad517528ceefd8a2ccd9aeb4637bb80.png

Lowell Solicitors does not accept service of any documents by email or fax

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As I have had 2 previous court cases with you [ case numbers xxx dates xxx] and won on both occasions , you already clearly knew my correct address.

you purposefully filled claim xxx date xxx to an old address you say you gained from my credit file I have not lived at for 11yrs!!

 

why if I have has 2 court cases against you and won, and my credit file shows my current address , did you purposefully use on from 11 yrs ago??

 

I demand you setaside CCJ number xxxx at no cost to myself within 14 days.

 

 

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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legend DX. 

Would they actually set it aside though? 

 

Have you heard of the company doing that before as I have been looking through a lot of different forums across the web and not come across it. 

 

Only read of people like me doing it and in most cases winning!

 

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we've certainly seen this happen successfully here yes with various DCA's, but cant remember if lowells are ones that have done it too

what was the debt?

 

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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Share on other sites

  • 2 weeks later...

Just had a reply from lowell

 

Thank you for your recent email.

 

When the account was allocated to Lowell Solicitors we obtained the address form our client.

 

As we received no correspondence until your telephone call on 12 September 2019 we had to rely on the information we were advised by our client in good faith.

 

We note your comments regarding setting aside the Judgment, this would be dealt with through the Courts, should you wish to seek any further advice on this matter. Please keep us updated regarding any correspondence from the Court.

 

As you mentioned, a County Court Judgment (CCJ) was entered against you for £100.00 to be paid monthly. You are currently in arrears of £300.00

 

As this account is now subject to a CCJ you may wish to seek independent legal advice.

 

You are required to make payments in accordance with the CCJ.

 

Please make contact in regards to your intentions towards your account.

 

Our Client would prefer to avoid further action at this stage because such action could increase the outstanding balance through the addition of enforcement related fees. However, if the account is not brought up to date and you fail to contact us to resolve the outstanding balance, our Client will consider enforcement action which, dependent on the outstanding balance, could include one of the following:

 

·         Warrant of Control: A County Court Bailiff will visit you at home to discuss payment of the outstanding balance.

 

·         Attachment of Earnings: Your employer being ordered to deduct payment from your wages.

 

·         Charging Order: If you own your home, securing a Charge against it so that payment of the debt will be deducted directly from the proceeds.

 

If you are experiencing financial difficulties, you may wish to seek free and impartial advice from StepChange Debt Charity on 0800 138 1111 or visit www.stepchange.org.uk.

 

If you wish to speak with a member of our team, please telephone us between 8:00am and 8:00pm Monday to Friday or between 8:00am and 2:00pm Saturday on 0113 335 3334. Alternatively, you can now register online at www.lowellsolicitors.co.uk to view your transaction history, use our helpful Budget Calculator and make payments including setting up a Direct Debit plan.

 

Yours sincerely,

 

Lowell Solicitors

Darwin House 7 Savannah Way Leeds Valley Park West Leeds LS10 1AB

Looks like I have to do the set aside myself which is no problem at all, any help filling one in would be great

 

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  • dx100uk changed the title to Backdoor Lowell CCJ - old very cat debt at Old Address 11 years ago!

type in set aside in our search

lots of threads here

 

i'm really surprised that following two previous court claims

they blatantly say they can ignore those and legally file to an old address

whereby they know your correct address from previous COURT DOCUMENTS.

blimey.

 

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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You have proof that they have your current address....Copies of the previous claims ? 

Have you a basis for  defence ?

 

Andy

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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If you want advice on your Topic please PM me a link to your thread

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hello yes I actually sent them copies of past claims from a court case and also another outstanding debt that they have passed to resolve call. which I believe is just another lowell company? not started defence as of yet I've seen some templates etc I'll post up

 

I actually received an email today from resolve call acting on behalf of lowell and they have my current address on system.

shocked and annoyed I have to pay to get it set aside but something I am willing to do as this is very naughty tactic. 

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resolvecall were scotcall, just a powerless DCA not part of lowells, that threaten powerless DCA at your door.

 

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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they have offered 60% off resolve call on another debt which I'm tempted to take so it says partially settled on my credit file.

do you think I should try and get more off?

 

reason I want it settled is to improve my credit file. partially settled better than showing default all the time. 

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resets the 6yrs clock.

wont improve your score

probably make it worse

start a new topic on this other debt please

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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Share on other sites

latest email from lowell, 

 

Thank you for your recent email.

 

As previously stated we obtained the address form our client and  we had to rely on the information we were advised by our client in good faith. It is your responsibility to ensure that all your creditors are updated with your current address.

 

Once we receive your documents we will take action and respond appropriately.

 

Please note your Subject Access Request (SAR) will be process and provided to you in due course.

 

Our client would prefer to avoid further action at this stage because such action could increase the outstanding balance through the addition of enforcement related fees. However, if the account is not brought up to date and you fail to contact us to resolve the outstanding balance, our Client will consider enforcement action which, dependent on the outstanding balance, could include one of the following:

 

·         Warrant of Control: A County Court Bailiff will visit you at home to discuss payment of the outstanding balance.

 

·         Attachment of Earnings: Your employer being ordered to deduct payment from your wages.

 

·         Charging Order: If you own your home, securing a Charge against it so that payment of the debt will be deducted directly from the proceeds.

 

If you are experiencing financial difficulties, you may wish to seek free and impartial advice from StepChange Debt Charity on 0800 138 1111 or visit www.stepchange.org.uk

 

If you wish to speak with a member of our team, please telephone us between 8:00am and 8:00pm Monday to Friday or between 8:00am and 2:00pm Saturday on 0113 335 3334. Alternatively, you can now register online at www.lowellsolicitors.co.uk to view your transaction history, use our helpful Budget Calculator and make payments including setting up a Direct Debit plan.

 

Yours sincerely

 

Lowell Solicitors

I will be filling in the set aside documents over the next two days and will post them just to see if you think I have done it correctly

 

I will be filling in the set aside documents over the next two days and will post them just to see if you think I have done it correctly

 

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