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

[dx100uk]

overdales are solicitors for lowells. but just remember NO DCA are Bailiffs and have ZERO legal powers anyway!!

 

you need to contact northants bulk best to ring and ask for a copy of the Judgement CCJ and the particulars of claim and the address they were served too by email PDF.

 

nothing they can do, they would have to return to court and ask the court to issue a warrant and send court bailiffs, VERY long way off, and ofcourse utterly useless as there is no right of forced entry on consumer credit debt.

 

 

 

 

[dx100uk]

court close at 4pm.

 

the debt is +£600 so yes could use HCEO's but their powers are no diff to court bailiffs and the same rules apply, eitherway a court would advise you 1st they are trying and give you option to object /defend (gets it in court for free and might get the whole CCJ overturned).

 

don't get scared by these silly TV programs , that's not true and those CCJ's are NOT consumer credit debt. most private rent arrears or business debts.

 

debt nor the CCJ can ever be statute barred , the issuance of a court claim halts the SB clock. unless it was already SB when they went to court.

is there any chance no payment/use was made of the credit in the last 6yrs prior to the CCJ?

 

can i suggest you spend your time and research HERE on CAG.

 

use our enhanced google searchbox 

Backdoor CCJ.

 

you'll soon get upto speed, 100's of like threads here.

dx

 

 

 

[dx100uk]

and what have you done on CAG to read up on what i suggested more than a month ago in preparation for this possibly happening?

what have you already concluded might be your best move?

 

not a good idea to post up ref numbers on a letter either. edited - dx

 

 

On 11/04/2022 at 22:07, dx100uk said:

you need to contact northants bulk best to ring and ask for a copy of the Judgement CCJ and the particulars of claim and the address they were served too by email PDF.

 

 

[dx100uk]

Good well done saves us wasting our time going over things you know and have worked out yourself already, excellent.

 

So its a ruddy mobile debt that is the monthly charge till end of contract when you couldn't even use the service, totally unfair and we win 99% of these if you'd bothered to defend it.

 

get that n245 off and running and inform marstons yes of your vulnerable status.

 

you need the address that ccj was filed to/ against, as where has notification regarding warrant attempt gone to aswell?

 

something is not right here.

 

Dx

[dx100uk]

Yes.

 

 

[dx100uk]

Then Marston's are lying!!

 

The notice of enforcement and the warrant has to have the correct and current address on them, they haven't, which is why we said ignore them 

 

Get the n245 done that suspend s the warrant too, say £10pcm. You pay the claimant.

 

However once was have the particular s of claim please? You'll do an n244 to set the debt aside as what I said before will apply? 

 

Dx

[dx100uk]

well done!

 

now get the poc up and we'll see about an n244 too.

 

dx

 

[dx100uk]

need C) from the poc.

 

so you've filed an N244 NOT an N245 variation to a £PCM figure correct?

 

[dx100uk]

file another what?

 

so if you've done an N244 what did you put as your reason to set aside the CCJ and the defence of not owing the debt please?

 

on the poc its says C) costs.

what are they, there is a bit missing from C.

 

 

[dx100uk]

you didnt want to be admitting the debt!! if you've put in an N244 and said on it yes i owe the debt ,there is then no point in the N244 !!

 

that's why we said do the N245 as that suspends the warrant 

[dx100uk]

thank god...no admittance

 

did you get a copy of what you filed?

 

 

[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

 

[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.

 

 

[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? 

 

 

 

 

[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

 

[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.

 

 

[dx100uk]

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

no contact whatsoever?

 

looks like a win win then.

 

dx

 

[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 

[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

 

[dx100uk]

how did you get on ??

[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

 

[dx100uk]

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

 

can you scan their upto one mass PDF please?

 

dx

 

[dx100uk]

mobile number page 1.

 

we need all the exhibits too!!

 

that WS is a load of old twaddle!!

 

dx

 

[dx100uk]

they mention exhibit pages in their WS, they should all be included