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

First off I want to apologize in advance if my question seems stupid but I think it is worth asking, at the very least, it may help someone in the same boat at a later date. I will try keep this as brief as possible. I received a CCJ for an old 02 debt for £160 claimed by Lowell under the law of property act 1925. I had no knowledge of this debt and completely panicked when the County court bailiff turned up. Through a bit of research I made an attempt to contact 02 the original creditor and on first attempt, they claimed to have nothing on file and therefore couldn't tell me anything in regards to it. I felt uneasy and called back for confirmation and on the second attempt the lady was extremely helpful and pulled more information such as the bank account used which was a now closed account and even managed to tell me the type of handset it was and that's when it clicked. It was my debt and the reason I had stopped paying it was because the phone had malfunctioned and become unusable. I sent the phone back to the provider to be looked at and received a letter telling me that the phone had been submerged in water OMG, I was totally mortified as I knew it had not but couldn't prove it as their report said different and for obvious reasons I stopped paying. Apart from that I don't remember much as it was years ago about 4-5 years ago but definitely not stat barred. Now here comes the possibly awkward bit, the debt now stands at £500 with court fees and the inclusion of interest granted to claimant by the courts and in sheer panic I have submitted a variation order which they will receive any day now all because I wanted to stop any further action from bailiffs. The thing is, because the phone was unusable and I had every reason to discontinue paying them, it is now costing me £500 at a time when my financial situation is at rock bottom due to my partners contract hours being cut and having a baby at home I can't just fix my current situation by doing any job I can find. Can I withdraw my variation order and swap it for a set aside as I had no knowledge of my rights and may have had a possible defence? I will also add that as far as I'm aware, I have never received a notice of assignment and was not even aware that this had gone to court in the first place and I also do not have a breakdown of cost for the original debt so don't even know if the original debt is correct. Again, sorry if my question seems silly but I needed to ask for what it's worth. Thank you

Hello all, My second enquiry so far is regarding a debt I suspected was statute barred even though it is showing as due to be stat barred in May 2014 on my credit file. The original debt was with barclaycard, after receiving some fast paced threats recently from fredrickson and now bryan carter on behalf of lowell, I called barclaycard to get confirmation. The last payment received on this account was dec 2004 through the original creditor barclaycard and was charged off at the end of May 2008 and then sold to lowell in 2010. What is the next step I should take as it looks like they want to rush this one to court so I need to get on top of this one urgently. Any help or advice would be really appreciated.

Ty bazooka, I will get onto ASAP. Yes, on my credit file, it defaulted in July 2013 and is showing the figure minus the payment I made last month.

Yes, it is advantis:lol:

Thank you Bazooka, really appreciate it. Golden rule noted and will definitely follow this advice. The virgin account is a couple of years old, the service was utter rubbish, nothing but problems but they wouldn't let me cancel my contract but no written evidence all done by phone. I returned their equipment though as it was still within the contract. Could you explain how i go down the complaint route? Is there a guide on what to do about this? Would I be complaining about them refusing to arrange a payback plan? Or would I be complaining to dca? The agreement was taken out in august 2012 and defaulted in July 2013

Hello, I hope someone can help. I recently made an attempt to deal with some old debts, virgin being one of them. I contacted virgin to make a payment arrangement but they said that it had been passed on but couldn't tell me who to as it had sent back on passed back on and they didn't know who to. However, they agreed to take a payment of £5 towards the the £221 debt. This was last month. This week i have received 2 letters from Atlantis demanding money and threatening me with court action. I stress that I have received 2 letters within 1 week, which hasn't allowed me time to even respond to the first one. Please excuse my naivety but, this has really got my back up and if possible I would prefer to tell Atlantis where to go and deal with virgin direct. Although it had been passed on, virgin still accepted a payment from me, could i have a case to deal with virgin directly? I do find it rather odd that a company claim to have no power to deal with outstanding debt even after it is returned back to them but keep passing it on to a next dca, I suppose I will learn. If I can not deal with virgin, how do I move forward with Atlantis? They seem very unpleasant, do I send a letter offering an instalment plan? What are my rights if any?