Jump to content


Backdoor 2018 CCJ Lowell/overdales - old 3 mobile debt - - now Marstons HCEO threat of writ of control


Recommended Posts

Hi, 

 

I've received a letter from Overdales Solicitors on behalf of Lowell (studying this forum for 48hrs, I'm aware they're the same company). 

I've taken a photo of said letter, but not able to upload it on here  unsure why....

 

however, says "potential high court action in 14 days" on the letter header (looks like a standard template).

 

Continues in bold writing "we've been instructed to apply for a writ of control".....then continues on say a ccj was entered against me 27.02.18, and I've failed to pay the agreed plan to clear £829.51.... pay in full or else....

 

was unaware of this ccj and not sure who its due too, but have looked at my credit file and can confirm the ccj is there.

Anxiety has kicked in and im really worried.

 

Without going into my circumstances are as follows, and im not denying this debt, its very possible a credit card or mobile contract...kind of had a hazy few years, due to domestic violence, 16 yrs actually but still recovering from them....but rebuilt myself and life and moving forward. Im on esa, i have a long term medical condition and suffer terrible anxiety and depression, im on benefits....

 

i cant pull out £800+. Ive emailed the court in northampton, with the reference number on my credit file, asking them to supply me the details of the ccj, who was the company, what was the amount and any other info they can give me.

 

Ive not received any court documents prior to this letter , although ive had quite a few addresses over the past 7 years, womans refuges etc as fleeing domestic violence.

 

What should i do from here please,

 

im so worried

Link to post
Share on other sites

  • dx100uk changed the title to Backfoor CCJ Lowell/overdale - 2018 CCJ now threat of writ of control

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.

 

 

 

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks for your quick response, I appreciate your time.

 

I tried ringing Northants at 6pm, but were closed, hence emailing the. I'll ring them tomorrow in office hrs. This is a bit of a minefield for me, so can I try and clarify what you said....

-nothing they can do....is it just worth ignoring them?

 

-can they/will they return to court for a warrant to send bailiffs? Would it go bk to county court or can they go to the High Court?

 

-No right of forced entry on consumer credit debt....so those bailiffs off "can't pay, we'll take it away" are not going to show up?

 

I'm thinking if they really wanted to recover the debt, would they not send County Court bailiffs before putting it through the High Court?

 

Also am I right in understanding if the debt succeeds 6 years it's a write off? Not sure until I hear from Northants if this may be the case.

Received this letter on Saturday and barely slept! Thanks so much for taking your time to help!

Link to post
Share on other sites

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

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • dx100uk changed the title to Backdoor CCJ Lowell/overdale - 2018 CCJ now threat of writ of control
  • 1 month later...

Update..

.I've now received a Notice of Enforcement from Marston recovery.

 

Where do I go from here?

I'm in receipt of dla and esa,  I own my car, but hold a blue badge, can they take my car?

The debt does belong to me.

 

Really unsure if I should ring them tomorrow or await advice on here.

 

I can't afford to pay it, only instalments,  but with that incur more fees?

 

Nothing in my home is of any value, a tv maybe and my car.

 

 

2022-05-25 Marstons HCEO NOE.pdf

Link to post
Share on other sites

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.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi, thanks for your response.

 

After reading up on here, I think I need to fill out a n245 and send it to the court. I'm unsure if I should inform marston of my intentions and also if I should tell them of my health complications and mental health problems.

 

I read online on a government website that bailiffs can't take a car with a blue badge, but wondered they may not play by the rules.

 

I've read loads of threads on here, I'm trying to understand it, my understanding is, as mine is a consumer credit debt (mobile phone)..

 

the bailiffs can not force entry.

They can't clamp my car as I've a blue badge.

 

But I'm assuming if I ignore them the fees will keep increasing?

 

As suggested I've tried Northants numerous times but can't get through, yep I've yet again buried my head in the sand...again...due to circumstances, but

 

I'll ring Northants again tomorrow and just wait on hold as long as it takes.

 

I have found the ccj on my credit file and identified it as Vodafone

Link to post
Share on other sites

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Posted (edited)

Hi Dx, thanks for that. I've downloaded the form ready. I believe I'm exempt from the fee, is it ex160 I need to complete for exemption? Thanks Lucy 

Edited by Lulu621976
Link to post
Share on other sites

Yes.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Spoke to Northants. Received the relevant info.

 

The notification of warrant attempt was sent to old address.

 

Spoke to marstons, they won't extend their deadline of June 6th, wanted me to enter a payment plan.

 

I told him of my intention of n244/n245 j'e said there was a backlog for months and they would visit during this, 1st visit £180 2nd £495.

 

However I've spoken to sunderland court, I've an appointment at 1pm to submit the forms,

 

she said the judge would be presented with the forms tomorrow and could make an interim order of stay until a hearing.

 

The original debt is £829 marston want £975, if I'm successful with the court, what will I pay?

 

Marston tried to tie me into a payment plan, he's ringing bk at 2pm.

 

I'm guessing I'm better dealing with the court rather than marstons, but due to the long weekend time is limited.

 

Shall I hold marstons off until the last minute?

 

I don't want to incur a fee for them turning up?

Link to post
Share on other sites

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks so much. The notice of enforcement has my current address on. Northants confirmed there is now a warrant , but sent to old address. I've completed the forms, the best I can, but cant provide rhe warrant number as i dont have it. Im hoping thus wont be a problem

Link to post
Share on other sites

You need the Warrant number .....ask Northampton ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Just come out of the court, the judge actually saw me during her lunch and stayed it until a further hearing.

 

Marston just rang me to set up the payment plan, then u broke the good news, he seemed genuinely upset, so much for the 2 month backlog .

 

Thanks for the help and advice.

 

I'm sure I'll be bk for more leading up to the hearing. 😊

Link to post
Share on other sites

well done!

 

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

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

What is poc? I submitted n244 today, they said I had to, thanks lucy

 

1) THE DEFENDANT ENTERED INTO AN AGREEMENT WITH THREE MOBILE UNDER ACCOUNT REFERENCE ...('THE
AGREEMENT).

 

2) THE DEFENDANT FAILED TO MAINTAIN THE REQUIRED PAYMENTS AND THE SERVICE WAS TERMINATED.

 

3) THE
AGREEMENT WAS LATER ASSIGNED TO THE CLAIMANT ON 13/ 05/2014 AND NOTICE GIVEN TO THE DEFENDANT.


4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF £627.32 REMAINS DUE AND OUTSTANDING.


And the CLAIMANT CLAIMS 

 

A) THE SAID SUM OF £627.32 

B) INTEREST PURSUANT TO S69 COUNTY COURTS ACT 1984 AT THE RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT TO THE DATE OF ISSUE, ACCRUING AT A DAILY RATE OF £0.137, BUT LIMITED TO ONE YEAR, BEING £50.19 

 

c)

 

poc.pdfpoc.pdf

Link to post
Share on other sites

need C) from the poc.

 

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

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Regarding c) that's all they sent, I'll call them tomorrow again and ask for this to be resent.

 

I told them the debt was mine but they said I had to fill in N244,

I said no I need to fill in N245,

she said, not really but hand in N245 as the expenditure part would be helpful!?

 

I was getting a bit confused and was pushed for time as appt was 1pm, so I just said OK and did it.

 

As being confused about it , for the reason on n244, I put I never received the writ no the notification of warrant attempt, Northants told me it had been sent to previous address , after seeking advice I wanted the court to deal with it as opposed to marstons and I wanted to Stay the writ.

Link to post
Share on other sites

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 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

No I didn't admit the debt, tbh I thought it was about stopping the bailiff, so I was arguing the toss about not receiving the warrant or the notification of it. Can I submit another?

Link to post
Share on other sites

thank god...no admittance

 

did you get a copy of what you filed?

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • dx100uk changed the title to Backdoor 2018 CCJ Lowell/overdales - old 3 mobile debt - - now Marstons HCEO threat of writ of control

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...