carter ccj on old o2 debt - now Bailliffs - was poss SB'd .

[Paulfromwigan]

Hi all

 

First time posting so please bare with me

 

I have recently received a CCJ for a debt from a mobile phone I obtained back in 2007/08

unsure of the exact timing of obtaining this phone but it was around this date.

 

 

I stopped paying the phone as I got a rather large bill which I disputed,

phone was cut off and lost in the end...

I stopped paying the phone around 4 months after purchase so must have been in 2008...

I forgot all about this debt

 

 

when I recently moved back in with my parents I had a bailiff from thr county court knocking at my parents house

with a form where I had to supply my incomings and outgoings, this was in april 2015.

 

 

I fillled the form in out fear really had no idea at this point what the debt was for...

 

 

I have now been ordered to pay bryan carter solicitors £150 per month till the balance of £2006.89 is paid off.

I have made one payment of £150 in June 2015 since and am reluctant to pay the rest now I have realised what it is I'm paying for.

 

I believe the debt to be statute barred as there must have been 6 clear years from the last payment I made.

I had made no written acknowledgement to the original company O2 for this debt.

 

I'm wandering now I have made a payment etc can I still challenge this ccj and how would I go about ithis?

 

Thanks in advance

[Andyorch]

Thread moved to the appropriate forum

 

Welcome to CAG Paul

 

Regards

 

Andy

[fkofilee]

From notes;

 

--> Set aside, but it has to be worth it...

--> Around £150

--> Must be valid reason otherwise its like flushing money away.

--> Was CCJ Forms sent to old address?

 

Tell us more about the debt. Is it Lowell thru BC?

Whos original MPC?

[Paulfromwigan]

Hi yes from recollection, I was receiving letters from lowell for the debt and then all of a sudden it's now bryan carter. Original debt was O2.

 

Yes ccj forms were sent to my old address.

[Andyorch]

Well one valid reason was the debt was statute barred at the time the claim form was issued...you need to do a little investigating and find out precisely when your last payment was made.

 

Andy

[Paulfromwigan]

No idea how I would find this out Andy, the debt isn't listed @ noodle on my credit report, and the bank account I use at present is only from 2010 so wouldn't be able to see when, is there any other way I could find this information?

[Andyorch]

Ring O2

[Paulfromwigan]

Will ring O2 tomorrow and update.

 

Thanks

[Paulfromwigan]

Hi just a update on this,

 

Been on the phone to o2 they say they cannot see this account.

 

I have now rang BC they state they cannot tell me when I started the agreement as they don't have that information but can tell me I defaulted on it back in 1/8/2008.

 

Also informed me the last payment made was to lowell for £40 on 28/3/2011 .... I have checked my bank and I did...

 

No idea where to go with this

[unclebulgaria67]

Looks like you will have to pay, unless you can find another issue with the 02 account.

 

Think you have left it too late. That payment to Lowells is a killer blow, as it stopped statute barring.

[Paulfromwigan]

Arghhhh that's no good :-/ really begrudge this

[Andyorch]

How can you possibly owe £2006.89 for a mobile phone ?

[Paulfromwigan]

They said the original default was 1390 rest is charges and court costs I guess

[Paulfromwigan]

Have I got a chance contesting this if they can't supply the contract. Need to know if it's worth getting this set aside and doing a SARS. Payment was due today BC have a suspended attachment of earnings order, and have said if payment hot made today will be using this order

[Andyorch]

Are you aware of the date of the judgment Paul ? This is critical in set a sides as any application should be made promptly.

 

The decision is yours in the end...whether you accept to pay a debt that in reality should be a third of what it is and if you have the fight to challenge it.

 

The fee to make an application will set you back £155 now in making that application the success will also rely on the fact that you have a credible defence to offer.

 

So lets say for argument sake you wish to make application what would be the basis of your defence?...cant use change of address and none receipt as I assume you never informed O2 of this?

 

You could dispute the amount claimed is untrue and unfair and consists mainly of penalty/collection fees and interest.

 

You could re look at the initial dispute with O2 and why you initially decided to dispute the amount owing....seems rather excessive for 4 months use?

 

Alternatively you could make an application for a re determination to review the amount and have the court set a realistic amount.You state you filled in a I&E when visited by a Bailiff ...was the N56 Attachment of Earnings form....and then the amount was set from that?

 

If so another option is to complete a N245 and have the initial judgment varied from forthwith to an an affordable monthly payment plan...this will keep the Bailiffs at bay and stop the figure rising with further collection charges.

 

So all in there are a few options on how to proceed forward.....its your choice and your take on how you wish to move forward.

 

Regards

 

Andy