Lowell Backdoor CCJ for old Sky Debt.

[Andyorch]

They must consider there is enough information within your application and therefore not ordered any further disclosures/evidence.

[Cosmicdancer]

Thanks for the feedback Andy. Really appreciate it! 
 

Would it be good practice to get the cancellation letter emailed to the court ? Or should I keep it for a later date ? E.g after the hearing on 25th May .

[Andyorch]

Hearing is to consider whether you have valid grounds to set a side ..they will take into consideration what you have stated in your application therefore  it may be your only opportunity to present any evidence. So bearing that in mind if this piece of evidence is vital to the success of the application it may be prudent to forward a copy to the court in advance and ask that it be placed with your existing notes within your N244.

 

If the set a side is successful then you can present a further statement with evidence later in the process. 

 

 

 

.

[Cosmicdancer]

The piece of information ( the cancellation ) is the main grounds for my defence so yes it is vital .

 

With your advice taken into consideration i will get this into them ASAP.

 

As far as further evidence goes , I’ve only got a phone call recording from sky when the advisor told me that someone had claimed all the money back for the subscription and someone had tried to change the name etc on the account after I had cancelled it.

 

Surely any judge will see that the continuing of the account after I had cancelled it is reasonable grounds to prove I didn’t know anything about any activity on the account after I requested the cancellation ? Thanks! 

[Andyorch]

Just bear in mind this first hurdle is to see if you have legal grounds to set a side and you can prove that you were not given opportunity to respond to the claim......if you can do that and be successful then the full semantics of the dispute can be argued.

 

Don't forget that Loweel do not have any knowledge of the disputed debt and cant really dispute what you state is true or not...to them its just a balance on a statement they bought for peanuts and acquired a default judgment without your knowledge.

[Cosmicdancer]

Right.. so as you mentioned in a previous post they haven’t asked for any further evidence in regards to the first hearing .. so am I being naieve to assume they will believe I wasn’t at the address? I don’t know how I can go and prove I was living in a tent from 14th July last year 

[Andyorch]

Im sure a judge will accept your word that you were no longer in residence....they cant prove you were either.

[Cosmicdancer]

Ok , great! So should I send this cancellation letter in still ? Or wait until this hearing has gone ahead? Thanks!

[Andyorch]

Quote

 So bearing that in mind if this piece of evidence is vital to the success of the application it may be prudent to forward a copy to the court in advance and ask that it be placed with your existing notes within your N244.

 

[Cosmicdancer]

Today I received a “claims bundle” from overdales solicitors aka Lowell .. I believe they are acting on behalf of lowell.. they haven’t spelled my surname correctly on the exhibit forms there is a lot of paperwork to go through. Is this to put me off fighting it? Thanks 

[dx100uk]

yes they are as debt buyer don't goto court themselves they appoint solicitors, and overdales are part of the lowell group.

 

spelt not spelled....

 

scan everything up to one mass PDF please.

 

but no its not to put you off, it's what they have to do, as you did in your submission.

[Cosmicdancer]

Ok I will try and combine them all as one pdf I’ve been using a conversion app on my phone converting photos to pdf as I don’t have a scanner

[Cosmicdancer]

Hi please find attached the witness statement from over dales.
 

There is more “Exhibits” from them in the same pack that contain the generic harassment debt collecting letters they like to send.

 

With a variety of addresses.

 

If they are relevant I’m happy to upload them too.

 

Thanks! 

 

 

 

 

It was just to apologise for the engine oil , power steering fluid and coffee cup “ring” on the first sheet.

 

I hope it hasn’t affected the clarity of the contents. Thanks. 

Claimants statement Re N244 application.pdf

[dx100uk]

you need to remove all ref numbers etc

leave nothing they can use to ID you here.

 

all todays posts merged.

 

post hidden to hide pdf

 

 

 

 

 

[Cosmicdancer]

Ok I will do this later, thank you . Did you manage to read any of it?

[dx100uk]

as long as you now have the evidence you did cancel you should have no trouble here

 

dx

 

[Cosmicdancer]

Great stuff. The PDF file I have with a 2016 cancellation date has been sent to the court and confirmed as being added to my case file. Is there any other angles they might want to try and throw at me I should be wary of and be prepared for? Thanks!

[dx100uk]

have we seen this evidence?

 

the other bit you might wish to make notes on is why the DD never got cancelled after sky closed the A/C. but continued to take payments, but these were latterly reclaimed under the DD guarantee scheme through your bank. you just might need to explain that bit so make some notes. 

[Cosmicdancer]

Nope I haven’t posted it yet I need to edit the personal details from it so I can upload it.

 

I didn’t do the charge back or anything like that.

 

It’s my ex partner that has done this to me. We used sky in my name because she’s black listed from everywhere. 

Thank you for your reply . It’s a very good and important point I need to bring up. 

 

40 - 19.09.2016.pdf

[dx100uk]

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!

 

is there a date on that sky cancellation notification?

 

dx

 

[Cosmicdancer]

Hi dx yes I uploaded it the date is on one of the first paragraphs dated 20/09/2016 . Thank you 

[Cosmicdancer]

Did you manage to see the cancellation letter I uploaded? Thank you 

[dx100uk]

yes

and..

 

[Cosmicdancer]

I was just wondering if that was sufficient enough proof about my cancellation 

[dx100uk]

yes because its come from the original creditor.

they can't now dispute your cancellation, sky have acknowledged their contract with you was closed, thus you ceased payments.

 

the fact that a third party paid sky upon a closed A/C, (and latterly reversed these payments) is a fault of sky for not creating a new contract in their new customers name. this again proves you owed nothing and were never an on going customer. You are thus are the wrong defendant, not the claimants correct target.