OVO/ Lowell - 2 CCJs ruled at old address. Consent order? Help!

[novice95]

Hi all

I'm looking for some help with 2 newly discovered CCJs. 

Last week, had a voicemail left from an enforcement agent who was at my old address trying to make contact for a CCJ - when I heard this I immediately signed up for a credit report and saw 2(!) CCJs had been added to my account in 2023. Looking at the dates, they were both ruled AFTER I had moved out of that address. 

Admittedly, I did have my head buried in the sand regarding some finances and I know this is not mitigating but I had A LOT going on with bereavement and other similarly life changing issues which I won't go into. One CCJ is from OVO and one is from Lowell. I did not know these were at CCJ stage and as stated before, the rulings were after I had moved address. 

As soon as I discovered these (next day), I put myself into the 60 days government breathing space to try and get this sorted. 

I would like to attempt to resolve these by requesting consent to set aside from the companies. I have a couple of questions:

1) Is there anywhere I can find how to actually ASK the creditor to consider this? I know a consent order needs to exist, but how do I go about asking for them to consider one?

2) Is there a template/ example of the legal jargon I would put in the consent order, or does the creditor write this up? A lot of the links I've found are broken (presumably old or out of date info)

3) If I ask for their consent, and they agree, can I arrange a payment plan with them to pay once (and if) it is approved in court? Or would this have to be paid in full once set aside is granted? I've seen something called a Tomlin Order?

Any advice is hugely appreciated!!!

Thanks

[dx100uk]

well 1st of all you need to get your ducks in line. you are in the info gathering period.

there is no rush.

nothing to panic over and no need to agree to anything - as you might not even owe anything - let alone need consent orders.

1stly on monday go ring northants bulk, you'll need the CCJ's numbers from your credit file.

as for a copy of EACH default judgement for claimant AND the particulars of claim from each claimform.

there will be a small fee.

once you have that info for both comeback here.

 

now the enforcement officers voicemail.

1st

lets blow a big elephant out the water here - he cant do ANYTHING. there is no right of forced entry on any civil consumer credit county court CCJ's. so stop wetting yourself.

2nd

whomever he is trying to collect money for (ONE of the CCJ's must be for over £600 for HCEO's to be involved) he still has to send a Notice of Enforcement to your correct and current address, not a old one that lowell and ovo purposefully used to gain a default backdoor CCJ. 

he cant pull those type of scams.

what do you do..

sit on your hands till you have ALL the info,

then i suspect we'll ask you to create a new thread for the OVO debt . i will expect is for energy charges that you ran away from at you old home?

as for the lowell one, twill be some consumer credit or mobile or landline phone bill/contract you also ran away from.

now you know and for future readers WHY it it is SO SO SO important to NEVER EVER EVER run from debt. always write to everyone telling them where you are after moving..even if you do ignore them after that, at least they cant get a a backdoor CCJ you are denied to defend upon.

dx

 

 

[whitelist]

Do not wish to sound negative, but you are saying the CCJ judgments were granted in 2023?

Getting a CCJ set aside has to be done with haste after being granted.

The court has discretion when the respondent became aware but unlikely to be in your favour.

You have an obligation to inform your creditors if you move address.

 

While the claim is active, the court grants a Tomlin order to suspend any further enforcement action while the claim is still live.

Edited April 7 by whitelist

[AndyOrch]

16 hours ago, whitelist said:

While the claim is active, the court grants a Tomlin order to suspend

Unfortunately not I'm afraid...you are never going to to get a Consent Order after judgment its not in the judgment claimant's interest or benefit and is also considered as debt cleansing by a court.

Once you have gathered all the necessary information as posted by DX above and If you have a valid defence to each claim then you would submit two form N245 to stay the execution and 2 x N244 to make application to set a side the judgments and redefend each.

Fee for N245 £10

Fee for N244 £275.

[novice95]

I’ve spent 2 hours so far on hold to northants bulk, and I suspect I’ll be hung up on in 15 minutes when they close.

Is this the only way to get the info I need?

I’ve read that I can also contact my local county court but I feel they’ll just direct me to northants.

Should I send an email? 

[AndyOrch]

Both are default judgments so never allocated to your local court. Its either phone or email a general enquiry to MCOL.

[novice95]

Thanks. I’ll send them an email but also keep at it on the phone, I doubt the emails are responded to all that swiftly. 

[AndyOrch]

I understand your frustration but until you have the details its impossible to make an application...you do have a valid defence I assume before you go to the trouble and expense ?

[dx100uk]

mondays are always v busy for mcol following the w/ends when phones are not manned and MCOL goes down or whatever.

just make SURE you get the POC for each claim.

[novice95]

Hi all, 

I managed to get through on the phone today and have been emailed the details of each claim. Should I post them here? Presumably there’s certain things I should redact before doing so. 
 

Thanks in advance 

[dx100uk]

particulars of claim for each.

 

[dx100uk]

On 06/04/2024 at 00:11, dx100uk said:

a copy of EACH default judgement for claimant AND the particulars of claim from each claimform.

suitably redacted read upload (only remove your name/address/ claim number)

scan both up to PDF read upload

dx

 

[novice95]

I did ask for particulars of claim for each.

Could you confirm if the attached is in fact that?

If so, I’ll redact and upload the rest of the docs 

THE CLAIMANT'S CLAIM IS FOR £776.93 IN RESPECT OF CHARGES ARISING FROM THE ENERGY SUPPLY TO *** UP TO 30/04/2019.

THE CLAIMANT ALSO CLAIMS ITS REASONABLE RECOVERY COSTS OF £40.00 PURSUANT TO THE CLAIMANT'S TERMS AND CONDITIONS.

THE DEFENDANT HAS FAILED TO PAY WITHIN 14 DAYS AS PER THE CLAIMANT'S PAYMENT TERMS.

THE CLAIMANT FURTHER CLAIMS £269.04 INTEREST PURSUANT TO THE CLAIMANT'S TERMS AND CONDITIONS AT THE RATE OF 4% ABOVE THE BANK OF ENGLAND BASE RATE UP TO 26/05/2023 AND CONTINUING AT THE DAILY RATE OF £0.09 FROM TODAY'S DATE (01/06/2023) UNTIL JUDGMENT OR SOONER PAYMENT

AND THE
CLAIMANT CLAIMS:

(1). £1,085.97 

(2). FURTHER INTEREST AT THE DAILY RATE OF £0.09

(3) . COSTS

 

 

[dx100uk]

yep thats the one from OVO.

now the lowells one please

just copy and paste the text here as i've done above

 

[novice95]

THE CLAIM IS FOR THE SUM OF £350.00 DUE BY THE DEFENDANT UNDER AN AGREEMENT      REGULATED BY THE CONSUMER CREDIT ACT 1974 FOR A CAPITAL ONE ACCOUNT WITH AN ACCOUNT REFERENCE OF ***                        

THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL PAYMENTS REQUIRED BY THE AGREEMENT AND A DEFAULT NOTICE WAS SERVED UNDER S.87(1) OF THE CONSUMER CREDIT ACT 1974 WHICH HAS NOT BEEN COMPLIED WITH.                          
THE DEBT WAS LEGALLY ASSIGNED TO THE         CLAIMANT ON 16-06-22, NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT.      
 

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 £28.00                           
 

THE CLAIMANT CLAIMS THE SUM OF £378.00                                   

Edited April 10 by novice95
Format

[dx100uk]

so the lowell one can be ignored, do you remember when you took the cap1 card out and when you last paid or used it?

the Enforcement officer would have been trying to enforce the +£1k OVO judgement.(read what i said above about his powers)

OVO state this was for Energy till 30/04/2019 but not when from? did you run away from a property rent or otherwise owing them around that time?

 

[novice95]

The Capital One was taken in 05/2016 - hasn’t been used for absolutely years, I was paying Lowell arrears to it in 2022/ early 2023. It wasn’t to Cap1 directly. When you say ignored, do you mean that as in they won’t enforce? 

With regard to OVO, it was set up in late 2018 around October time, I moved out of the rental property it was supplying urgently due to a domestic situation with my ex partner who claimed to have been sorting it - he clearly was not and both of our names would have been attached to it so I do understand being liable - just wish I had known it had gone this far. 

[dx100uk]

lowell are a dca they cant 'enforce' anything . they are NOT A BAILIF

they could return to court and ASK the court to send court bailiffs but ive never seen lowell ever do that and for +£300 its not going to get them anything. civil consumer debts have no right of forced entry. 

if you were paying cap1, then when sold on, paying Lowell, the debt cant be Statute barred and paperwork wriggles like no signed agreement etc, are gone now the CCJ was granted. nothing you can do. the CCJ sits there now for 6yrs paid or not paying or not till it drops off on tits 6th B'day.

as for OVO looks like theres nowt your can do either. but you need to contact OVO and p'haps start paying it off, though again no bailiff can do anything really.

sorry cant see theres anything we can help with now e know the 2 CCJ's info.

dx

 

[novice95]

Thanks for taking the time to look, appreciate it. 
 

Do I have no leg to stand on regarding them being sent to an old address therefore not receiving notice? (I know I should have updated, but I’ve read they’re supposed to trace) 

[dx100uk]

no.

it is quite legal for a claimant to use the last known address you informed the original creditor or a later debt buyer of in writing.

under the pre action protocol there is guidance that expects reasonable steps should be used attain a debtors correct address, they are not binding, nor of course does a claimant have to abide by or follow PAP at all. It's only a slap on the wrist if they don't use or follow it.

Even if you had written proof that a claimant was legally aware and knew your correct address, (which almost always guarantees a set aside) that only meets ONE of the two criteria for a successful set aside. You also need a defence for why you don't owe said debt. in either of your cases i see neither are met to date and would be a waste of the £275 cost of an N244 set aside.

dx