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    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
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    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
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Backdoor Lowell CCJ - old Barclaycard debt - i moved abroad and didn't tell..Anyone got a CCJ removed?


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Hi everyone,

 

First time poster - just found this great resource!  Just looking for a bit of help and advice really.

 

My situation is as follows: 

I moved from UK to UAE back in 2016. I thought I had cleared everything up before I left, but there's always something to come and bite you. I have an unpaid debt for a credit card, totalling just over £800. In May 2019 the company got a CCJ against me for the unpaid debt. I returned to the UK in June last year, and moved into rented accommodation - nothing was said at the time about a CCJ against me from the rental company. 

 

Now. a year later, and I am looking to move from my current accommodation (moving from city to country) and I was told about a week ago that I couldn't rent the house I wanted because of the CCJ.  This is the first time I was aware of its presence.  In the last year, it hasn't stopped me renting my first house, getting a new credit card, or leasing a new car, and I have never been as much as a day late with my rent.

 

From what I have read so far, I have grounds to ask for the CCJ to be removed in that

a) I was out of the country

b)never received any sort of notice of this and

c) had no chance to enter a defence against the CCJ.

 

I don't dispute the debt, and am able to pay it in full - but if I do so the CCJ will still remain on my file and be seen by other prospective landlords, so I really need to get it removed.

 

Does anyone know if this is possible?

 

Thanks all,

Steve

 

 

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do you know the claimant and the details that are in the particulars of claim?

when did you take the card out?

and when did you last pay/use the card?

 

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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Hi, thanks for the reply.

 

yes, I know the details from the Registry Trust and my credit file (now I’ve checked it!). Can’t remember when I took the card out, but it was last used end of 2015/ start 2016 ( I moved out of UK March 2016)

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well tell us then.:frusty:

 

  • Haha 1

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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Sorry!  I'm new to this!

 

The card was a Barclaycard, but the debt has been taken over by Lowell Financial.  The CCJ was issued in May 2019, 3 years after I had left the country.  Not sure what other details you require, but this is pretty much all I know right now.

 

As I say, I don't really have an issue with the debt, I can sort that, but its the CCJ that is having such a detrimental effect, so I'd just like to know if others have had any joy in getting them quashed, and if so, on what grounds.

 

 

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urm.. reasonably rare for lowells to buy an old BC debt. BC enforceable credit agreements are very rarely produced had you the chance to defend this, you most probably would have won.... but sadly that ship has sailed as a method of set aside. the fact a default roboclaim judgement has been granted where no human checks anything trumps that.

 

bottom line there a 2 chances to get the CCJ off your file...neither of which might ever work.

 

1. contact lowells and offer to pay the full amount IF they remove the CCJ from your records pleading that it will destroy your future in many ways. list them etc etc lay it on thick to make them do a goodwill gesture for you.

 

2. contact lowells with proof you were resident abroad at the time of the claim and had no idea this could happen, (though it is allowed sadly..re last known address) and ask if they will set aside the judgement FOC to you to give you the chance to defend the claim ...thus removing the CCJ.

 

3. you could pay £255 and raise an N244 set aside yourself but TBH as it stands i can't see a valid defence for the debt...you ran away..no excuses. unless there was a dispute or something with BC that made you think it's not owed.

 

 

 

 

 

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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  • dx100uk changed the title to Backdoor Lowell CCJ - old Barclaycard debt - i moved abroad and didn't tell..Anyone got a CCJ removed?

I suppose you could query the Default notice, perhaps if you were having your mail forwarded, you could contend you did not receive one.

 

If you didn't send a DN they shouldn't have enforced. Ask them for a copy and when the Section 87 Default notice was sent.

 

I dont know what the success rate for claiming no DN is these days on a set aside application?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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No, mail wasn’t forwarded - this was 3 years after I had left UK, my house had been sold, all accounts closed as far as I knew.  Mail was forwarded for first 6 months, not 3 years.

 

who do I ask for the S.87 notice, the court or the creditor? 

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paperwork wriggles sailed upon default judgement.

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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Dx would know, this. Once they were an easy win.  

 

The procedure would be to ask the creditor for a a copy of the Default notice and a notice of assignment, they would have had to be send both before selling the debt, or do a request under GDMPR  and see what turns turns up.

 

Fuel for a set-aside application.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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not for a set aside application.

the default ccj is enforcement , no one now needs to prove they had anything enforceable by way of paperwork now.

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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  • 4 weeks later...

On pre 2007 agreements?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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