Unknown Lowells/Overdales CCJ - now threat of writ - Old Mobile Account

[eq5001]

Backdoor 2018 CCJ Lowell/overdales - old 3 mobile debt - - now Marstons HCEO threat of writ of control - Page 2 - Financial Legal Issues - Consumer Action Group

 

Hi trying to message you as I’ve got a very similar situation 

[honeybee13]

Hello eq5001, welcome to CAG.

 

We don't give advice here by messaging. It's better to start a new topic of your own and we'll advise you on your current problem.

 

Best, HB

[eq5001]

Hi,

 

I have received a letter from Overdales solicitors on behalf of Lowell for a debt that a CCJ was entered into for over £1000.

 

I have only just found out about this today after years of my child hiding this from me as they did it when they were underage a few years ago around 2018 and put the bank account in their name and stopped paying.

 

I am looking to call overdales and tell them that I have no idea what this debt is and someone must have fraudulent used my details to enter this EE contract to get rid of all these issues,

 

what does everyone advise?

 

Will there be issues if I say this?

 

 

Edited August 3 by dx100uk
spacing

[dx100uk]

so your off spring opened a mobile account in your name

it failed to get paid

was sold on to lowells

and lowells took it to court

but because northing was ever entered with regard to a defence

a default judgement was entered.

 

it this against you and is on your credit file? or on yours sons credit file?

 

no do NOT contact them....yet and NEVER EVER RING A FLEECING DCA NOR THEIR DOGS

a dca is NOT A BAILIFF

and have 

ZERO legal powers on any debt whatever its type - CCJ or NOT!

 

dx

[eq5001]

Hi dx thanks for replying,

 

yes yes I’ve done quite a bit of research as there was a time when one of the letters from Lowell was opened by me and my child told me it’s nothing to worry about that it’s a ‘scam’ and showed me multiple sources on Google saying not to pay any notice to Lowell as they are a scamming company. 
 

but this letter is very clear in saying that they will send bailiffs to my home if the debt isn’t paid or an agreed payment plan isn’t offered and this is due to the CCJ filed against me in 2021.

 

My child has confessed to me that they’ve taken all the letters from previous and hid from me including the court letters so I was never able to see any of the letters if they were even sent. But this is clearly NOT a scam and very much real as they’ve filed a CCJ against me.

 

I’ve done some research in this website and two of the threads I’ve seen for Lowell cases have ended up being judged in their favour whilst the defendant was being helped by you guys with your preprepared statements

 

I’m wondering if they are a formidable firm.

 

The CCJ is on my name as the letter was addressed to me and my child did the phone contract in my name 

[dx100uk]

lowells CANNOT send bailiffs to your home ...end off.

 

Read the letter properly it does not say they are sending BAILIFFS..every word but WILL 

 

this a consumer credit debt, and even if they were to return to court (which they have to - too ask the judge to send court bailiffs,) there is no right of forced entry on consumer debt, so if you ignore them, if that does happen, is really all you need to do.

 

paying the CCJ now will not remove it  nor improve your credit for 6yrs. too later for that.

 

dx

[eq5001]

Yes but the fact remains that there is a CCJ filed against me for essentially what is fraud, I didn’t authorise the contract it was done without my knowledge and consent, would I be able to call them and tell them this for them to clear the debt? 
 

also the letter they sent about the writ of control says potential high court action and it says they will apply for a writ of control which authorises a High Court Office to come to my home and seize property which obviously I cannot have. What are my options here?

[Andyorch]

Best to scan redact and upload a copy of this letter lets see the ifs /may/ and possibly threats.

 

Andy

[dx100uk]

fraud by who, your son? great ruin his life as if you dob him in-  it most certainly would. far worse than this judgement - that can be dealt with properly...more later. but just to clarify, claiming say via a set aside the debt was by fraud would almost certainly result in a far more damaging end result to the fraudster.

 

again you always need to read these letters from a DCA's in-house solicitors (overdales) very carefully.

 

the word in there that's important is 'potential' not will, then it lists the pit falls if they are instructed by their clients to apply to a court for a writ to enforce it via baillifs (something a DCA is NOT).

 

Now IF their client (lowells) eventually does instruct then to issue a writ, THEN they intimate they will cross courts to the high court and request enforcement via HCEO's.

 

they are only saying this because i will guess the debt is greater than £600?. oh darn. a bigger stick, an HCEO's not a std county court bailiff and supposedly Higher!. Again you would still be informed by the high court first of the application. that could be months away if ever, though in truth, an HCEO has no more powers than mere a court bailiff ..... forced entry on consumer debt CCJ's is not allowed.

 

you indicate you have read threads here, may i suggest you narrow your search using our enhanced google searchbox to lowell claimform mobile.

 

there you will see that 99% of the mobile debt court claim sums are not made of used airtime charges owed but simply a bogus figure made from adding up the monthly payments due until the end of say an 18mth or 24mth contract. ofcom deem these charges as unfair and had you filed an appropriate defence it would have been blown out the water. however, you are where you are.

 

i am concerned you have again referred to calling 'them'.

you never ever ever ring a DCA or their dogs. they will lie!

 

all DCA letters in whatever format, about whatever debt and regardless to whether or not a court judgement has been granted, are carefully worded and designed to make people wet themselves and ring them directly thus bypassing all the checks and balances that the debt authorities and the court system have put in place to protect people so they get free money directly and easily, whereby they might not actually be entitled to anything if one steps back and reads the situation and the letters carefully.

 

your next move is to get the information from the horses mouth about what this is all about, you do that by ringing northants bulk and asking for a copy of the judgement CCJ and the particulars of claim by email PDF.

 

once you have this info we will be in a better place to advise you moving forward.

as it stands you have 2 options.

 

fill in an N245 offering a monthly payment, this does not remove the CCJ, thats there for 6yrs paid or not paying or not.

or

set aside the judgement. 

that requires 2 criteria to be met.

1, a reason why you didnt receive the claimform (your son hiding it from you IMHO is not a good piece of info to give to a claimant/court)

2. a viable defence upon why you dont owe the claimed sum.

 

sadly i see you having neither of those in this situation.

 

HTH

 

dx

 

 

 

 

 

 

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