Peace76
-
Posts
22 -
Joined
-
Last visited
1 Follower
-
I never received the claim to begin with so never had an opportunity to defend. So as Lowell gained the ccj by default, is it still doable to make Lowell prove the debt as I don't believe I owe it and haven't ever received any documentation proving otherwise?
-
Congratulations on getting it dropped. Can anyone let me know if this same route could apply to a default ccj? I received the same notice from nbc on request by email. I have already had to deal with bailiffs. BC on me requesting notice of assignment said I should have received one from the mobile contract provider and to contact Lowell for the information I requested although it was BC writing to me on behalf of Lowell. I also never received a claim form and didn't know of the ccj until months after it had been issued. If the ccj has been active for 6 months and Lowell refuse to provide documentation of the debt, can I use this to appeal the default ccj?
-
Quote, 'if you dispute liability for this debt please provide your reasons in writing and supply us with documents in support of any defence you may have. A judgement order (ccj) will remain on the register of judgement debts for a period of 6 years and may affect your ability to obtain credit in the future. This matter has now reached a stage where you may want to obtain independent legal advice', end quote. This is all in writing from BC themselves. And go figure, I can't afford legal advice and legal aid doesn't cover matters such as these. I already contacted BC for a default ccj they have on me already requesting documents of which they have not supplied but told me to request from Lowell. Not sure if they have a file on me and that is why they are using what appears to be a bit of caution here.
-
Yes, I'm pretty sure. Well as sure as I can be. BC have asked me to let them know any defence I may submit in response to them seeking a ccj.
-
Thank you, it's much appreciated.
-
Ok, thanks for clearing that up. Just don't want to risk a set aside being turned down.
-
Sorry, I didn't know that wasn't allowed. Are links not allowed either? I haven't found that information on this site so I will have a look and see if I can find it.
-
Ok, I will at least try. What have I got to lose?
-
I really couldn't tell you but I did return the equipment. I will assume that they did?
-
Bailiffs been back out again for the 5th time time now. I refused entry after he came right into my personal space at the door trying to intimidate me. I'm so angry at this point. I need some urgent advice now. I intend to apply to have this set aside but with the lapse in time and the initial payment variation request, I don't think that I will be successful without a good defence plea and time is running out. Should I now request the information from O2 for £10? And do I send £1 with request for copies of documents to lowell which Bryan Carter refused and told me to request to Lowell? If so what exactly am I chasing up? I've been reading loads (literally hours and hours) and now I'm confused as to what requests I am making seeing as it was for a mobile phone contract and I know that different rules apply for these. Do I need to submit a sar and CPR? I would really appreciate any advice on this one as I believe O2 broke their contract agreement refusing to fix the phone when it was a manufacturing fault and not my fault as they tried to make out. I also have never seen proof of amounts owing or default notices or anything.
-
Hi Andy, I've received the application back as I haven't filled the form properly. I did send a sar? request to BC originally and was told to pursue it directly through Lowell, wasn't sure if this was because I didn't realise I was to provide a £1 fee but they didn't mention that. Also Lowell through BC are also chasing and threatening me with another ccj for a stat barred debt more info in my other thread. I had moved address 1 year prior to the ccj but on contacting northampton cc, they told me that the ccj had gone to my current address. The thing is my partners hours have been drastically cut and we're now suffering real financial hardship and my reason for submitting a variation order was on the advice of step change which I'm not sure was the best advice as I have now realised that so many questions are left unanswered on my side. Such as the original debt amount and never receiving a notice of assignment. If I request a sar from O2 and barclaycard now to support my case of their unprofessional behaviour, would I be laughed out of court or may I have a chance?
-
Its around 6 mths and I found out about 2 months ago. They didn't act on the judgement straight away.
-
I will add also that I only know as much as I do because I contacted northampton bulk centre and they sent me the information.
-
Thank you ims
-
I never received any notice of anything only 2 letters from Bryan Carter threatening me with a pursuit of a warrant of execution unless I paid the amount in full. Then after a couple of weeks I received a photocopy of a warrant of excution from northampton bulk centre issued through my local county court. I submitted the variation form and didn't contest I the first instance for 2 reasons... . first baliffs coming out made me really depressed and fearful. Second, although I don't believe BC played fair in getting a default ccj without me ever having an opportunity to defend, I was adviced by a debt advisor to submit a variation order and didn't know my rights. Excuse typos, wrote this on phone
