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CCJ Set A Side, Back to 14 day claim, Stat Barred Debt


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Hello all

 

A colleague discovered he had a CCJ recorded against him by Lowell as a result of them acquiring an old Electricity Bill from around 2011.

 

They lodged their claim in 2019 to my colleagues old address and got a back door judgement.

 

I helped my colleague draft an application to set aside and it was decided by the court service to hold a telephone hearing which took place last week.

 

It was slightly comical.    The Judge had got my colleague on the conference call and rang the number provided by Lowell only to reach a call centre person who knew nothing about the case.  She offered to find somebody but the judge was not having it and said they had plenty of time to sort out the case and he had called the number they had provided and expected someone to be ready to handle the case.  He asked her if she was ready to deal with it.  She said she wasn't so the Judge "dismissed" her and was left speaking to my colleague only.

 

It then turned out that Lowell had submitted a response saying they agreed to the Set Aside providing Each party paid their own costs to which my colleague agreed.

 

Our application requested a set aside on the basis that the original claim was not received despite the utility having my colleague's address and for SB reasons.

 

The final outcome was the Set aside was ordered by the Court and the original Claim restored with 14 days to defend.

 

I am running the case here for any CAGers to advise and comment.   My next step is to write to the Court and Lowell asking for a copy of the original Claim Form without which it is difficult to defend.

 

The main details are that my colleague paid his electricity bill before moving house and indeed retained the same utility company in his new house, not something he was likely to do if he was evading them.

 

In any event the defence is an SB one as the original bill was around 2011 and any claim would surely have expired about 2017.

 

I will get back to the thread with more details.  If anybody wants to comment then all suggestions welcome.

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Topic moved to Financial Legal Issues Forum.

 

When you have all the details of the debt /claim/judgment...please complete the following and post your responses back here for further advice.

 

 

 

Andy

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