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!

[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

[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

[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?

[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 

[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 !

[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

[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?

[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 ? 

[Cosmicdancer]

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

[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 . 

[Cosmicdancer]

Nope I was advised I could claim it back within 3 months when I could prove my income as that is proving difficult at the minute 

[Cosmicdancer]

Not an update but a query.

 

The court date for the CCJ was 02/03/2022 ( 2nd March this year )

am I right in thinking if I paid it within 28 days it can be removed from my credit file? Or is it 14 days?

 

I would then be looking at Sky to compensate me my money when my proof is there.

I’m just worried this delay from Sky is a cover up for the proof I need and I’m going to be stuck with this for 6 years .

 

Thanks! 

[Cosmicdancer]

Ok thanks Dx.

 

I just meant is there any chance of claiming it from sky considering I don’t owe this debt .

 

I will be updating Lowell with my address this week via post.

 

Is there certain wording I must include so they can’t mark me as “acknowledging debts” thanks ! 

[Cosmicdancer]

Update :

received a county court letter today saying the claim has been transferred to my local county court to deal with the application for the order of setting it aside .

 

Also someone at Sky has informed me they have the comms notes about my requested cancellation ,

 

however I did mention on that phone call I had no money no possessions etc to pay any cancellation fee..

 

weeks after that my ex partner tried to change the name etc on the account and continued to pay the account which kept it live..

 

the sky representative told me there was an indemnity on the account from 2017 and a substantial amount of money was claimed back ( obviously not from me ) .. so.. where do I stand with this one ?

 

Apparently sky have proof they emailed me about this indemnity but I can’t remember reading any emails from them .... 

[Cosmicdancer]

I know that now.. sorry!

 

Just another quick question please .. so if this set aside hearing goes ahead and if by somehow the claimant manages to win ( doubtful)

 

would that reset the 28 days to pay it in full to remove the CCJ or is it a case that has to be paid from 28 days of the original court hearing (2nd March) .

 

If I have to fill anything else in I will try and get everything scanned and put on here for you to see. Thanks!

 

On 10/03/2022 at 10:28, dx100uk said:

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

Sorry to quote but have done for easy reference ...

 

in regards to the old stagnant ccj..

 

in 2019 this was also a back door CCJ from a property vacated in 2015 .

 

The date on the judgement date in 2019

 

I can prove I was in a really bad mental state this was only a couple of months prior to a sectioning and hospital stay.

 

Would that be grounds to set it aside and use my affordability check as a reasonable grounds for defence?

 

Thanks 

[Cosmicdancer]

I have received the SAR request via email . It’s a Dropbox link with a password.

 

Within a minute of searching I found a confirmation of cancellation with a cancellation date .

 

Would you like to see this?

 

Is this the only proof I will need or should I dig further?

 

Thanks!

[Cosmicdancer]

Yes that’s correct but there isn’t anything in the SAR that mentions anything about a reclaim from what I’ve seen so far .. just state seements with direct debit reversals .

 

I’ve got recorded phone calls from this year in regards to me containing any information 

 

the sky representative has said someone tried to change address etc after cancellation but none of this is on my SAR.

 

What do I need to do now then in regards to this not at address thing?

 

They don’t have the phone recordings from back then . Just the cancellation letter and then statements from the months that follow . 

Edited April 5, 2022 by dx100uk
Spacing block of text

[Cosmicdancer]

Sorry .. i will do in the future.
 

I’ve called Northampton county court to ask how to submit this further evidence and they said they basically can’t help me with anything because it’s now at my local court..

 

Does this mean it’s been allocated for a hearing? 
 

Also referring to my previous post , what reasonable steps can I take now to get this to an easy as possible victory please? 
 
Thanks!

[Cosmicdancer]

Ok I will ask.. should I submit this letter confirming the cancellation?

If so where to and how? 

 

As far as the proving I wasn’t at the address ..

 

I’ve got the most recent phone call as a .mp3 file from a Sky agent who told me she could see someone had tried to change the details on the account etc ..

 

however this was not in any of my SAR .. ( only the .mp3 with what she told me )

 

thanks...

Edited April 5, 2022 by Cosmicdancer

[Cosmicdancer]

Great stuff thank you for your help! I will post when I have some news ! 

[Cosmicdancer]

Update: I have been given a court date . 25th May 2022.

 

However no further forms to fill in?

 

It’s a telephone hearing.

 

I’ve spoke to the court and I can submit further evidence via email .

 

So should I send my confirmation of cancellation letter ( 2016?) how can I go and prove i didn’t claim this money back and I wasn’t there?

 

Or will be cancellation letter be sufficient ? Thanks!

Edited April 14, 2022 by Cosmicdancer
Spaces for dx

[Cosmicdancer]

 

 

Ahh re-reading the letter .. so this is only a hearing to see if they will accept the application to set it aside? 

 

These are the other 2 sheets attached .

 

 

n244+notice of Hearing.pdf