Backdoor Lowell CCJ for BT+VODA telecom debts - N244 Assistance

[CCJHell]

I am about to file an N244 and was looking for some advice. 

 

Lowell filed a back door CCJ on me at my previous address whilst chasing me at my correct address for a different debt. They are also claiming for two unrelated agreements with two separate companies on the same CCJ.  They obtained a judgement by default in November 2020 which came to my attention on 26/07/21 when I checked my credit record. 

 

Particulars of claim: 

1)THE CLAIM COMPRISES THE FOLLOWING AGREEMENTS THE DEFENDANT ENTERED INTO: A. BT PLC WITH REFERENCE ********* AND CURRENT BALANCE OF £299.51 B. VODAFONE FINANCE UK LIMITED WITH REFERENCE ******** AND CURRENT BALANCE OF £135.92

 

2.THE AGREEMENTS WERE TERMINATED AS PAYMENTS WERE NOT MAINTAINED AND SUBSEQUENTLY ASSIGNED TO THE CLAIMANT.

 

3.AND THE CLAIMANT CLAIMS:

A) THE TOTAL OF THE SAID SUMS BEING £435.43

B) INTEREST PURSUANT TO S69 COUNTY COURTS ACT1984 AT THE RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT TO THE DATE OF ISSUE, BUT LIMITED TO ONE YEAR, BEING £34.83 C) COSTS

 

So I need to break down this into a usable witness statement:

 

I did have letters from Lowell at my current address prior to the CCJ but no longer have them. I have emails from January 2021 and subsequent emails in April 2021 and June 2021 where Lowell include my current and correct address. 

 

Realising that I no longer had the letters from pre the date of the judgement, but they had written to me, I called Lowell on a recorded line in relation to a 3rd debt not mentioned in the judgement:

 

Lowell confirmed that they previously had my current address on file, but it had since reverted to my previous address as there was no contact at my current address. I pointed out that I had emails from as recent as June this year where they included my current and correct address. The agent confirmed that they had reverted to using my previous address as of 26/07/2021. The same day I found out about the judgement and spoke to their representatives Overdales. 

 

I believe this is grounds for a mandatory set aside as the claimant had my correct address and acted negligibly by sending it to my previous address.

 

In any event, we had a long history of communicating about the disputed debts over email, I had specifically requested that they contact me regarding these debts only by email.  

 

I wrote to the claimant to request consent for the set aside on these grounds, they refused and declined to give any reason for their decisions when asked. 

 

In case the judge doesn't see the evidence the same way I do, I want to also submit a draft defence. 

 

If you could help me to word the below better I would be grateful:

 

I admit that I have had an account with BT but do not recognise the account they are claiming for. I settled an account in full with Lowell for a debt with BT in 2018 and deny that I owe them any further money.

 

I do not recognise any debt to Vodafone. 

 

The two agreements mentioned in the particulars of claim are from two unrelated agreements that relate to two separate companies for unrelated products or services. In order to defend each case on its own merits there should two separate claims issued by the claimant, each with their own supporting evidence.  

 

What do you think my chances of succeeding are?

 

[CCJHell]

I'd also appreciate a bit of advice on the process. 

 

Am I expected to provide the evidence for my draft defense at the set aside hearing? Or does that come afterwards? 

 

In order to collect the evidence that I need I will need time to gather the information that Lowell hold in relation to the debt. I have a lot of back and forth emails about a complaint with Lowell for the BT account, they allege that I took out a verbal contract with BT mid term through a previous agreement for "Broadband Equipment" and that I made payments to this account. This is false. I only had 1 account with BT, this was assigned to Lowell previously and I paid it in full. 

[dx100uk]

There is nothing wrong with them claiming 2 debts on one claim.

 

unless you have a single email whereby you solely and only stated with regard to debt xxxx please note my correct address is xxxx you stand little chance imho.

 

your mistake was using email.

 

Another to add to your list of..i wish i'd have come to cag earlier issues you have.

 

Dx

[CCJHell]

Ah well. I'm going to go for it anyway I think. 

 

I don't owe them this debt and they have admitted they had the correct address on file for me at the time the judgement was issued. So there is that. 

 

I'm also not a clairvoyant, so I don't see how I could have come to the CAG earlier for a debt that I don't owe. They didn't serve the address at the address that the credit agreement was at. They traced me to my current address, then sent it to the one before. 

 

But thanks anyway I guess. 

[dx100uk]

what i mean is..Youve been a member since 2018. A lot of your issues are since then and you should have known not to ever use email by your  reading up here.

 

If these email exchanges were before you joining...then as i said..its another issue you have that would have benefited you coming here earlier.

 

As for not owing the debts or a defence to go with your n244 be very careful, there are several telecom/mobile claimform threads here that have been won or discontinued using the ofcom guidance of termination fees till end of contract are unfair etc...but once judgement has been issued any paperwork wriggles are trumped by the default ccj.  And ofcourse that still leave any airtime use or return equipment fees. 

 

Interesting one is vodafone uk finance..was this for a new mobile phone and this was finance for it?

[CCJHell]

I honestly don't know. I contacted them in 2018 as they randomly registered a default on my file for Vodafone. They said they had information from Vodafone from the point of sale when they purchased the debt that I owed it. I disputed it and that is as far as it went. They were going to take me to court for the BT debt too in 2018, but I settled and paid it in 3 instalments. I don't know where they have pulled this new BT account from. When I query them about it they just said it is equipment charges that I verbally agreed to.

 

I understand I should keep creditors up to date with my current address but unless I send prospective letters to every company who I ever had any kind of interaction with it just won't happen. I'm on the electoral roll at my current address and have been for previous addresses. My bank and other debts know where to send letters, as do Lowell in relation to another debt that I do not owe from British Gas for the same address in 2016. All these debts are coming up to being statute barred from a period of unemployment in 2016.

 

I still don't know what the procedure for the defence is, whether the evidence is required at the set aside hearing or the hearing after the claim is re-brought. I also need to put to the court the fact that I work for a company that's regulated by the FCA and if a review were undertaken by my employer I would lose my job that I have had for the past 5 years. There is some guidance or precedent written somewhere in the annals of legal seagulls that if the judgement has an unintended disproportionate impact on the claimant then it can be removed on the credit file. I don't know how to prove this though short of asking my boss for a letter that says that I'm going to be sacked for informing them, or how to put it to the court. 

 

I'm not doing this to clean my credit file for a mortgage application, or for any other related reason on my credit file, just to keep my livelihood. I would happily pay the judgement and have it behind me, and would have if I had received the forms. 

 

Also it irks me that it is fine for companies to bundle up completely different issues into one claim. What is to stop them just bulk buying 50 debts for some poor bastard and serving them with a mammoth claim. Probably the character limit at Northern Bulk.

 

I'm not feeling sorry for myself here, I've made poor decisions with my finances and owe some debt. This is a debt that I don't think I owe and is going to ruin my life if it is found by my employer. Hence why I am willing to pay the £255 even if the CAG'ers think its a shaky application. 

 

It has to be done seen as Lowell won't consent to it in return for a payment in full. 

[dx100uk]

lowell didn't register the default voda did upon or before sale, don't forget a debt buyers name simply replaces that of the OC upon sale on credit file or a duplicate entry for the debt appears under the buyers name.

 

the BT debt will most probably be for the return of the router as they charge an equipment fee if you don't return it, the debt you paid would thus have probably been for BB/line usage/calls.

 

as for the N244, if successful, the claimant may or may not request a new hearing after the reset to as if you'd just received the claimform, it's then you could use our std defence here etc etc. 

 

now having the complete picture we can understand why you want to do this but unless you have concrete written evidence you informed lowells of your correct address prior to the claimform issuance nov 2020 on both debts you sadly IMHO have little chance.

 

what is on credit files or where you are registered to vote or pay CTAX is not that neither are emails in the year after the default CCJ

 

to set aside you at least need to meet 2 basic criteria:

1. proof the claimant purposefully filed to an old address when they had been informed in writing of your correct address at the time of issuance of the claimform.

 

2 a very brief defence that outlines why you do not owes the sum claimed.

 

sadly i see neither 

 

 

[CCJHell]

So just a quick update to this several months on. This CCJ was set aside today on mandatory grounds. Claimant couldn't evidence that they performed reasonable checks in accordance with CPR 6.9. So the time for acknowledging service did not expire. 

 

Just in case anyone comes across this from google and thinks it's not possible, it is. You have to show that the claimant had reason to believe you were no longer at the current address, and that you were there to be found. I.e on electoral roll, updated bank and credit file etc. 

 

The burden isn't solely on the debtor to ensure that every creditor from the past is updated if there is a reason to believe you have moved address.

 

There is case law to support this as well, I'd advise you check