Backdoor 2018 CCJ Lowell/overdales - old 3 mobile debt - - now Marstons HCEO threat of writ of control ***Set a Side & Discontinued***

[Lulu621976]

I don't think I did, I'll check with my bf, when he returns. I asked him to take a copy of the n245, not sure if he took a pic of the n244, I was up a height and really stressed and anxious......and hurrying to complete it to make the appt....

[dx100uk]

so quite probably an N245 and an N244 filed.

lets hope she put them both through

 

you'll soon know as the court will write.

 

dx

 

[Lulu621976]

The receptionist said when I left there would be a hearing at a later date, it would be 30 mins and they would let me know when,

 

tbh I didn't realise I would need to attend court, so I'm sure I'll be bk on here for some advice as to what I may be asked on the day .

 

Thank you so much for your help,

 

I'm truly grateful, 

 

Lucy 

[dx100uk]

i suspect lowell or overdales will be in contact by letter too soon.

 

scan it up here when you do .

 

now back to this debt.

 

tell us what you remember about the phone/contract and what happened or not around the time you stopped using it.

 

+£600 is quite a sum, but will be the monthly contract rate of the remaining months it had to run, which i've said even Ofcom have stated is unfair to levy.

 

 

[Lulu621976]

I came out of a woman's refuge, offered a flat really quickly ,

took out phone contract as I didn't have one,

 

husband wiped out my bank acc and took my car, 

was totally skint and sold the phone after a month.

 

I was alone and in an empty flat, with little financial support, seemed the only option at the time.

 

I think the bill may be so high as the handset was a decent one. 

[dx100uk]

can you remember if you just signed up to a mobile contract or you also signed a credit agreement to buy the phone?

 

there POC simply states remaining contract and nothing about a credit agreement for a phone, which i don't think 3 did in those days anyway, so the phone was 'free' with the contract . if it was an 18mts contract it would have been around £35PCM? 

 

 

 

 

[Lulu621976]

I can't remember if it was a credit agreement or contract, I can't recall the amount per month neither, sorry, it was a difficult time. Is there some way I can find out if it was a credit agreement or a contract? Thanks 

[dx100uk]

send 3 an SAR 

but read all the posts in the sar thread carefully 

as you'll need the contract number from the POC and CTAX bill for where you are now as proof as you've obviously moved.

 

that should coincide nicely with a hearing date .

 

and you'll know if the rubbish stuff lowell sends you (as they will have to in the statement ) is real or not.

 

but eitherway the sum is unfair according to Ofcom.

 

use our enhanced google search box.

 

lowell claimform mobile

and read a few 10's of threads

get upto speed.

 

dx

 

[Lulu621976]

Thanks so much, I'll tackle that tomorrow.  My brains a bit fried ATM. Thanks once again for taking your time to help me, I really appreciate it

 

Hi, just an update. Received this today also copy of the forms I submitted to the court yesterday

my N244 text - set aside hearing date 22-06.pdf

 

I've been reading threads you suggested last night. I

'll send the sar today.

Is there a possibility that lowell won't show up at court?

Seems that has been the outcome for many,

 

thanks. 

[Lulu621976]

Just reading through your instruction....regarding the rubbish stuff Lowells will be sending....what are they sending, will they do it automatically? 

 

I've not requested anything from lowell,  I've never even spoken to them. 

 

Hi, just spoken to Northants again. i've posted all they have of the poc 

should I contact overdales?

Thanks

[dx100uk]

god no.

 

the judgement CCJ has the total value on it

would be nice to see what the extras were though they pushed through.

 

 

[Lulu621976]

Afternoon, so I'm due at court on Wednesday. I'm going in clueless, how can I prepare for this. Nothing has xhanged since my previous post. A few emails from marstons asking me to complete their expenditure form, which I've ignored.

[dx100uk]

nothing from lowells/overdales at all regarding their defence to the set aside?

no contact whatsoever?

 

looks like a win win then.

 

dx

 

[Lulu621976]

No nothing. Only an email from marstons , confirming my file has been placed on hold pending the court case...although the figure has increased by 200 quid. 

[dx100uk]

Well the writ is already stayed by order of the court.

Lowell have not responded, so just turn up.

Everything should be quashed when gou win.

Inc removal of the ccj from your file.

If all that happens..debts gone too.

Dx 

[Lulu621976]

I sent the SAR to 3, they replied with their own form for me to complete, that was Saturday,  I've not responded to that yet.

 

I've not contacted Lowell/overdales to request anything, so not heard from them.

 

I just have no clue what to expect, what they will ask or what I'm to say.

 

Just play dumb to the said debt?

Do I need to take anything?

I'm getting a bit anxious about the whole court situation

[dx100uk]

its not for you to chase nor contact lowells, the court would have done that by informing them of the set aside.. tough luck for lowells.

 

i have outlined bits of how these claims are made (bogus contractual charges until end of contract on the months remaining) 

ofcom have already deemed these unfair.

 

there are lots and lots of lowell mobile claimform threads here ( use our enhanced google searchboc)

have you read any of them?

just make a few notes.

 

i would also make it known, if asked about the debt, that it was as a result of an abusive relationship which resulted in many other debts in your name too. and ofcourse the refuge etc etc.

 

if lowells don't turn up i doubt you'll be asked anything, 

 

winner winner chicken dinner

 

dx

 

[dx100uk]

FWIW this is a HCEO Writ/NOE so as far as i remember an N245 is only applicable to county court bailiffs not HCEO Writs, thats why an N244 was recommended used/filed.

 

im trying to discover if you should have also sent the original claimant a copy of the N244, but as far as i can see the court inform the claimant an N244 has been filed to stay the execution of the warrant and set aside the CCJ.

 

sorry not firing on all cylinders at present and some rarely used braincells are not remember rarely used memory.

 

dx

 

[Lulu621976]

Thanks dx, I'm ever so grateful for all your advice and time! I'll go through the threads today, and refresh my brain. Northants said I had to submit both n244 and n245, so I did. I'm keeping my fingers crossed that lowell are a no show, it's quite a long way for them to come (sunderland). 

[dx100uk]

how did you get on ??

[Lulu621976]

Hi dx. Lowell didn't show up.

 

However on the n244 I didn't actual put "to set aside" the judge gave me time to resubmitt n244, which I'm doing right now.

 

What do you think?

court order.pdf

n244 set asside.pdf

 

n244 2.pdf

Edited August 4, 2022 by Lulu621976

[Lulu621976]

Good morning.

I was back to court a week past Friday. Lowell sent a representative.  I'm a bit lost off to what happened. 

 

the lowell rep started off. He produced a witness statement from an overdales solicitor, the judge asked did I know of this, I replied I've not heard of this person nor seen the statement, the lowell rep then gave me a copy.....the judge then adjourned for 10 mins so I could read it.

 

On returning I said, I'd not received any proof of this debt ever, I actually thought it dated back to 2015, but infact it dates back to 2012. She agreed with me that this was confusing and was such a historical debt that seemed odd that a judgement had been made at all.

 

Lowell rep argued the toss, but judge said the whole judgement was questionable. The way I have understood it, she told me I had to write a witness statement to defend myself, I need to send a copy to the court and to overdales by 30th September. 

 

I think she's set the judgement aside, but wants another/new hearing for the actual ccj......I'm a bit lost off tbh, I've waited and hoped I'd have some correspondence from the court, but nothing as yet.

 

Does this make any sense to anyone pls? Thanks

 

overdales witness statement .pdf

 

 

[dx100uk]

i would say if there is a hearing to come when?

the judge set aside the CCJ and this resets things to as if you've only just got the claimform?

 

unless the judge has simply adjourned the case so you have time to digest their hidden WS and do your own one by the 30th sept pulling theirs apart?

 

dx

 

[Lulu621976]

Morning dx, no future date was set, I'm positive she set it aside, bit to still need to send my ws. I'm sure she said the ccj would need to be re done ie a new hearing.

 

Sorry my info is sketchy, I was nervous and was a bit confused with the legal terminology between judge and lowell rep.....but the judge was very much in my favour.

 

I did raise the missing "costs" on the poc. The rep then said, max humphery, the witness states the cost in his statement, I said, dies he, but where is the proof?

 

I said I've never to this day had proof, nor breakdown of costs....the judge agreed this unfair in my favour.

Should I ring the court and ask for further details?

[dx100uk]

i would p'haps get on the your WS in reply then.

 

can you scan their upto one mass PDF please?

 

dx