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

[dx100uk]

doh i think the muppets have forgotten they already agreed to set aside ...

[ridecar2]

Thank you for the reply - I'm half expecting them to either drop the whole thing or to spring the "We had to tell the court that you don't want to pay so we're going to restart proceedings" idea given the language in the consent order that I signed with them. Going to read up and prepare to defend in case they fancy playing that game. It'd be nice if they would actually play by the rules for once...

[dx100uk]

they can't it's SB'd.

 

 

[ridecar2]

They've had another go today - same little begging letter as before pretty much so I won't bother posting it in full here but they've decided not to bother putting in the Tomlin order option. Gotta love the "If a settlement cannot be reached within 14 days from the date of this email, further action may be taken against you." Emphasis mine. It "may" be taken? I'm pretty convinced it won't.

Would it be worth another SB letter or do I just ignore it as there's nothing they can do here?

[dx100uk]

yes why not

then we will hit them with conc 

maybe get a bit of compo out of them..

[ridecar2]

I sent the standard SB letter by email and by recorded delivery yesterday, woke up to this in my inbox from Lowell:

Quote

We note that your email is the same as the email sent to us on 21 October 202 and this was responded to. We also recognise that you may be using a template copied from the internet. Please see the following response to your internet template:

 

“We note that you believe the account to be statute barred, and as such, you consider that we should not pursue the debt any further. However, the default date for the account was on 13 February 2014 and as by issuing a Claim within 6 years of this date we are satisfied that the Claim is not statute barred and are entitled to bring proceedings to recover the sums outstanding.”

 

Taking in the above information, we now ask that you respond appropriately to our email below within 14 days from the date of this email.

 

I'm thinking that they're throwing their toys out of the pram a little and the statement they gave isn't the proof that we'er asking for... sounds like they know they can't win this and are relying on intimidation/begging. Shame about that 

[AndyOrch]

Just because the claim was set a side.....it does not mean its been abandoned...it merely remains stayed until the claimant informs the court if they wish to proceed.They set a date of 23rd Oct to try to reach a settlement and at which time they will inform the court  the status  of the claim.

 

So at this stage the following is still correct.....unless they discontinue the claim or they leave it stayed indefinitely  at which point you could challenge their position for leaving it stayed

 

Quote

However, the default date for the account was on 13 February 2014 and as by issuing a Claim within 6 years of this date

 

 

Andy

[ridecar2]

Is that correct even though no default notice was issued and this is a mobile phone debt?

[AndyOrch]

The debt is not regulated by the CCA1974...there is no requirement to issue a Default Notice.Check your statements or with the Mobile provider for last payment date.

[ridecar2]

That was in August 2013.

[dx100uk]

On 15/05/2020 at 16:57, ridecar2 said:

I have just phoned them, my last payment was August 2013.

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.

 

the debt was already SB'd when they raised the claimform..

 

[ridecar2]

Thank you all for your help here. I've just received a notice of discontinuance in the post from Lowells, they finally accept that they're not entitled to help themselves to my money! 

[dx100uk]

Oh how surprise d i am

you won

 

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