Backdoor Lowell CCJ - old Hutch/3 mobile debt - debt was SB'D **SET ASIDE** still chasing?

[ridecar2]

Hi all,

 

I was having a look at my credit history a few weeks ago and saw that I had a CCJ newly entered against me at an address that I haven't lived at for about 7-8 years.

I've contacted the court and got the following back:

 

Claimant: LOWELL PORTFOLIO I LTD

Claimant solicitor: LOWELL SOLICITORS LIMITED

Telephone: 0113 3353339

Reference: [REDACTED]

 

Particulars of claim:

1) THE DEFENDANT ENTERED INTO AN AGREEMENT  WITH THREE MOBILE UNDER ACCOUNT REFERENCE   [REDACTED]('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 BY HUTCHISON 3G UK LIMITED ON  05/02/2019 AND NOTICE GIVEN TO THE DEFENDANT.                                  

4) DESPITE REPEATED REQUESTS FOR PAYMENT,  THE SUM OF £346.39 REMAINS DUE AND  OUTSTANDING.                               

 

AND THE CLAIMANT CLAIMS                     

A) THE SAID SUM OF £346.39                  

B) INTEREST PURSUANT TO S69 COUNT 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 £0.076, BUT  LIMITED TO ONE YEAR, BEING £27.71           

C) COSTS                         

 

No paperwork of any kind has come to my current address (which I'm sure that Three knew, as I've applied for a phone on contract from them at my new address) and the last time I made any form of payment towards this plan will have been in about 2012 I think (fuzzy memory and changed banks twice since then)

 

Can anyone help me with what my next steps should be please?

 

EDIT: I know someone will ask:

I stopped paying because the SIM went down and Three refused to sort the issues out,

maybe foolish at the time but they weren't providing the service and

I was irritated that I was being asked to pay for something that I wasn't receiving despite many phone calls.

[dx100uk]

looks like the debt was already SB'd by the time they issued the claim.

 

go phone o2 and see if you can get any last payment details.

[ridecar2]

Thank you @dx100uk I've tried to ring Three but apparently I can't speak to anyone and all they're doing is sending links to their website to login and look at their account when I phone their call centre. (It's 3 that I'm dealing with, not o2) - does anyone know a better way to get through to them at the moment to ask this question?

[dx100uk]

You could send them an sar

 

are you confident it wasnt paid or used within 6yrs?

 

 

[ridecar2]

Pretty confident, but it could be tight. I'll get the SAR sent as soon as I can.

[ridecar2]

Hi all,

despite asking three for a list of payments that I have made to them there were none sent.

 

I've attached what I believe to be the important parts of the SAR being their most recent contact with me and the most recent bill that they have sent to me. Both of which I believe to indicate that the debt is SB'd.

 

Am I reading that correctly and if so, do I have enough evidence to go for a set aside?

 

Would it be worth me making another SAR to three for just a list of payments that I have made to them so that we can get something more concrete to work with?

 

 

docs1.pdf

[London1971]

Looks to me like it's SB'd

 

No mention of any payment you made. Plus the bill is the same then as it is now i.e £77.88

[dx100uk]

please be careful about putting up unredacted docs !!

i have redacted them for you.

 

so as per usual for lowell

the debt was already Statute barred when they made the claim thru northants bulk.

 

now if Lowell solicitors will do a mutual set aside at no cost FOC to you... has happened but its rare

not harm in catching them on the hop and ringing directly and asking.

 

 

[ridecar2]

Thank you for the redaction, I'll give Lowell's a bell now and see if they'll do it. Is there anything that I should say or any department that I should ask to speak to go improve my chances?

[dx100uk]

Lowell solicitors ask for whomever dealt with CCJ number xxxxx

 

 

[ridecar2]

I have just phoned them,

they're claiming that the default date was the 14th Feb 2014 and that they commenced the legal action on or around the 25th January this year, making the debt not statute barred,

 

I'm asking them to email me everything that they have about this case,

 

thank you all for your help and I'll update you when I get more information.

[dx100uk]

yes but if the OC issued the default notice several months after the last payment or use..we have an answer to that too for you.

 

 

 

 

[ridecar2]

That sounds interesting to me. The last payment made was in August 2013 and I know that the account wasn't used since then, I also chased up the cancellation in October 2013 as shown in the attached picture. Thank you @dx100ukfor your really fast responses and your hard work in helping me here.

[dx100uk]

so Lowell think its ok for a service provider to wait 6mts to register a default..no way batman.

 

the ICO guidelines at the time gave a maximum time of 3-6mts

 

 

[ridecar2]

Thank you @dx100uk 

It sounds that they may claim that a few days under 6 months since the last payment is (just about) an acceptable time to register said default,

 

what work should I be doing in my current situation?

I've had a look at some other threads that are pre-ccj and they seem to indicate that defending the claim as SB due to a late default seemed to scare Lowells off or win at court.

 

Are we looking at going down the same route with a set aside request or is there something else that I need to do first?

 

Just to let you know - there is no default notice in the pack that was sent to me otherwise I would attach a redacted version of it.

[dx100uk]

that's about right for a mobile company

like where is this default notice evidence you refer too lowells...

[ridecar2]

Would it be worth a SAR to Lowells to see if they have anything of interest? I just want to be cautious as I don't want to do anything to restart the clock on this one.

[dx100uk]

eh?

once a debt is SB'd NOTHING can unbar it not even a judge.

 

 

[ridecar2]

Thank you - so would sending a SAR to Lowells

and a targeted SAR for any letters that Three have ever sent to me be a good next move?

See if there's a default notice there at all?

 

Also - is there any harm in Lowells having my current address at this point?

[dx100uk]

19 minutes ago, ridecar2 said:

Thank you - so would sending a SAR to Lowells - poss

and a targeted SAR for any letters that Three have ever sent to me be a good next move? - I thought you'd already sent the OC an SAR?

See if there's a default notice there at all?

 

Also - is there any harm in Lowells having my current address at this point?

 

you should NEVER run away from any debt you might have if you paid or last use the service or credit in the last 7yrs!!

 

this is how you've gotten this CCJ, by the backdoor. some 750'000 are issued ever year..

 

dx

 

[ridecar2]

Thank you - I'll send Lowells a SAR and let you know what I get from them.

[dx100uk]

Lowell cant default anything they are not a creditor.

have you an SAR from 3?

 

should be in the comms log

[ridecar2]

Here's the SAR that I sent to Three and got no default notices back from them - with that SAR could I reasonably expect to get one if it exists? Is the Lowell SAR still a reasonable idea and should I request everything or target it?

sar.pdf

[dx100uk]

you are popping up snippets of the comms log

it should be there that 3 defaulted your credit file, which they must do before sale to a debt buyer else without one, litigation is impossible.

 

Default notices, litigation and section 127(3) of the Consumer Credit Act July 2010
.
 For a creditor to enforce a credit agreement against the debtor, 
he must serve the latter with a default notice, 
this notice must be served in accordance with section 88 of the Consumer Credit Act 1974 (CCA).
.
 Generally, the prescribed form of a default notice according section 88 is as follows:
.
 "The default notice must be in the prescribed form and specify
.
 (a) the nature of the alleged breach;
 (b) if the breach is capable of remedy, what action is required to remedy it 
      and the date before which that action is to be taken;
 (c) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, 
     and the date before which it is to be paid."
.
 Section 127(3) of the Consumer Credit Act 1974
.
 Should the debtor be sued for the outstanding amount, 
it may be open to the debtor to raise an argument that the agreement is unenforceable 
because it does not comply with the requirements of the Consumer Credit (Agreements) Regulations.
.
 Agreements executed before 6 April 2007 are subject to sections 127 (3) & (4) of the Consumer Credit Act 1974 ('CCA'). 
Agreements entered into after that date are not by operation of the repeal under the Consumer Credit Act 2006.
.
 The effect of sections 127 (3) & (4) truly displays the paternalistic nature of the CCA, in that where a breach of a prescribed term under regulation 6 and schedule 6 to the Consumer Credit (Agreements) Regulations 1983 is found, the agreement as a whole will be irredeemably unenforceable.
.
 In other words, the lender cannot enforce the agreement or realise any surety under that agreement; the debt in effect is written off.

 

 

 

[ridecar2]

Thank you for that @dx100uk - that was a very interesting short read there.

 

With that in mind would it be worth me getting the set aside form downloaded and start drafting out how I plan to fill it in?

 

Is that the road we're looking at going down here and if so are we looking at the no default notice,

the SB due to time or both for this one?