Lowell Backdoor CCJ for old Sky Debt..***Claim Discontinued***

[Cosmicdancer]

Hi guys , I’m sorry to be back so soon after expressing my gratitude from being “debt free!” 
 

 I received an email  notification from my credit reference agency saying there had been a change. I have went to look and it says CCJ 2nd March 2022. 
 
In a nutshell I have been homeless since July last year and have had no way to fight this . So far I have taken the reference number and spoke to the court who have advised me it’s a Lowell CCJ for a sky tv subscription!  

 

Racking my brains this is from back in 2016 from a domestic split up , I rang sky to cancel everything within days of the breakup and the person on the phone explained their sympathy for me and told me specifically it was all been dealt with and there was nothing to worry about! Would they still have the recorded phone call on record?

I’ve requested the appeal form alongside the low income form for the fee discount which the court have emailed me.

 

Where do I begin with this one please?

 

I’m hoping for another victory here!

 

Thanks!

[dx100uk]

you need the particulars of claim from the claimform verbatim and the address it was filed to. as well as a copy of the judgement ccj.

northants bulk will email those to you if you ask 

 

n244 and the forms are already here on cag but you need all the claim details first.

 

i though you had written to everyone with an address yo could get mail quickly via?

this would have taken months to get this far.

 

 

 

 

 

 

[Cosmicdancer]

Hi dx thanks for the quick response!

 

Unfortunately if I did do that a while ago (updated addresses ) the contact address would be the address I had to leave last year ( July 14th 2021) I didn’t have any paperwork from Lowell up until that date .

 

I haven’t had a real postal address since July last year although I do have one available to me now ( luckily !)  

now with this available postal address which companies should I be informing ?

 

I will get onto the court first thing in the morning to ask for the required details .

The address is the previous address in question I was there for around a year and a half. 

Edited March 8, 2022 by dx100uk
spacing

[dx100uk]

as for writing.

any debt thaT YOU MAY HAVE THAT YOU LAST USED/PAID IN SAY 7 YRS.

WRITE TO THE OWNWER, opps caps, inform them of your correct and current address in ref to their a/c number xxxx ex (original Creditor) account xxxx + type of credit card loan mobile telecom etc.

 

as you see, you must protect against backdoor CCJ's.

 

dx

 

[Cosmicdancer]

Ok great stuff I will do that ! I do think it’s only Lowell that hold any old debts of mine and they are all ( 2/2 of them) coming up to the 6 year from date of original default this year .. 

 

Sorry to post again but it appears I’ve got aer one too.. A capquest back door ccj on my file for a little woods catalogue ! CCJ.  date is 04/11/2019 from an address I haven’t been in since 2015. I’m guessing it’s too late for that one.

 

This is a copy of the email from the court when I requested the particulars of claim . 

 

The court is asking for a fee of £11 for a copy of my CCJ to

me emailed to me or subsequently a current postal address. Thanks! 
 

Good morning,

 

Please see below the Particulars of Claim as requested. 

 

Particulars of Claim:

 

1.THE CLAIM IS FOR THE SUM OF £347.50 DUE BY THE DEFENDANT UNDER A SKY UK LIMITED ACCOUNT WITH AN ACCOUNT REFERENCE OF ...... 

 

2.THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL PAYMENTS REQUIRED UNDER THE TERMS OF THE ACCOUNT AGREEMENT.

 

3.THE DEBT WAS LEGALLY ASSIGNED TO THE CLAIMANT ON 28-05-19, NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT.

 

4.THE CLAIM INCLUDES STATUTORY INTEREST UNDER S.69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT TO THE DATE OF ISSUE OF THESE PROCEEDINGS IN THE SUM OF £27.80 THE CLAIMANT CLAIMS THE SUM OF £375.30

 

Hi sorry to double post , should I pay the £11 for a copy of the CCJ? I think they are charging me because I have no access to the address on the form. Thanks

[dx100uk]

To be frank

i think both are going to be difficult to set aside?

how are you going to defend them if you do get a set aside hearing?

 

 

[Cosmicdancer]

That’s why I posted here in my original post

 

I explained my situation and the circumstances where the employee of the company told me on the phone that it was all cancelled and there was nothing to pay so surely it’s a civil dispute between me and sky ?

 

I could start with a data protection act for all data held on me from sky and see if they have the phone call still recorded could I not?

[dx100uk]

Well you'd need proof

Sar sky hoping they have comms notes?

 

Dx

[Cosmicdancer]

I’m going to phone them(sky) today and see what I can come up with ! If I paid this ccj within the 2 weeks time frame will it be removed from said credit file and then look to claim it back from sky at a later date? Thanks 

[dx100uk]

Or get the ccj set aside later as if you be fee free to you?

 

If you can pay it then do so, but you still got another one there so not sure how that really helps you much....bar a clear credit file 3yrs quicker.

 

sar sky, though they wont have phone calls from that long ago but might have notes on their file.

 

did you retain any equipment after, when you were asked to send it back possibly??

[Cosmicdancer]

After over an hour on the phone to sky I was told to email their complaints department so I can have it all in writing. I will look to get it setaside.

 

As far as the other CCJ goes I will look into trying to get that paid at a later date . It was filed in 2019.

 

There is question marks over my affordability of the account at the time and it was used for a bed and living things but I suppose it is an expensive lesson learned .

 

Thank you !

[dx100uk]

I wouldn't worry about paying an old ccj. They arent chasing and paying a ccj outside of the 1 month does not remove it. A satisfied ccj is as bad as a non one with regards credit. It still kills it for 6yrs.

 

Please read my last post and answer my questions

 

Dx

[Cosmicdancer]

If i don’t get a response from the email I sent I will send them a sar and as far as the old equipment goes there was none of that sending back items back in 2016 it was a very basic sky+ box with a broadband router . Even if they did I had no way of getting it back for them. 

 

I posted that reply hours and hours ago but it didn’t click the post button it was sitting as a draft in the type box .. sorry for double post !

[Cosmicdancer]

Update:

 

After being passed pillar to post from sky to Lowell to a company called overdales ? I now have a unique case number from sky and they are processing the SAR request for me.

 

 I’ve managed to find out that my ex was paying the sky bill up until late 2017 and then decided to claim all of the money back from direct debits through the bank . Leaving me liable for this debt..

 

I’m hoping to get my set aside form filled in today .

 

If I pay the money to get it set aside can I claim this money back from the company prosecuting?

 

Thanks!

Edited March 14, 2022 by dx100uk
added A few blank lines only..dx

[dx100uk]

What defence do you have to set aside?

i cant see one?

 

if you are thinking of paying £275 to set aside without a guaranteed win, why not pay the ccj at £375 and it wont get registered?

overdales are lowells solicitors.

 

dx

[Cosmicdancer]

I’m awaiting my evidence from sky for the phone call and/or comms notes to set this judgement aside .

The total judgement is £497 is it not? That’s what the amount is going to be on my credit file .

 

As far as the £275 goes I’m going to pay it and claim it back so I’m not going to be paying for a debt that I don’t owe .

Does that sound like a good plan or am I living in false hope? 

 

Am I right in saying I can get the judgement set aside for another hearing , and if I win I don’t have to pay the CCJ ?

 

On the other foot if Sky’s incompetency or deception lead to the fact I get no evidence of said phone call and I lose the second hearing I can just pay the £375 then and it won’t be on my credit file?

[dx100uk]

Lets hope there is evidence then.

you wont get your £275 back until/unless you win the granting of a set aside and the subsequent later hearing about the debt.

 

Dx

[Cosmicdancer]

Ok thank you. Yep let’s hope the evidence is there! I was thinking I might be able to claim it back at a later date when I can prove my low income status ? 

[dx100uk]

no the ex forms have to go in with the N244

but you dont need to do anything yet.

 

 

[Cosmicdancer]

Paperwork sent off today . I’ll call sky tomorrow to see where they are at with my paperwork! 

[dx100uk]

What paperwork?

[Cosmicdancer]

My application to set it aside (x3) and postal order for the fee amount . Sky’s paperwork I mean the comms notes or any other correspondence 

[dx100uk]

You were advised to wait...

how did you defend it?

 

you dont have all you ducks inline yet.

 

Dx

[Cosmicdancer]

I made them aware I was homeless at the time with no way to acknowledge , read , reply and legal right to defend the case.

I also said I had a special agent at Sky getting things together for me with her direct contact number and my unique case number ..

I also said I will forward any evidence as it comes to me . 

[AndyOrch]

Not really valid grounds on which a set a side application should be made...did you attach your ex160 to the n244 ? 

 

Quote

My application to set it aside (x3) and postal order for the fee amount 

 

 

 

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