Backdoor CCJ - Lowell/Overdales - old Vodafone debt - Now Marstons NOE.

[JMOC17]

Good afternoon 

I was wondering if someone could give some advice. I will try and clarify as brief as possible but it seems this is something for myself that is just dragging and dragging. 

I receieved a letter from Overdales around a month ago in regards to a debt I supposedly owe of £1265.26. This was something I had no knowledge of and tried to contact for clarification of what this was.

 

They responded to myself saying it dates back to a CCJ issues on 05/01/2017 for a debt dating back to Vodafone on 06/12/2011.

 

I requested further information in regard to the debt as I have clearly not been with Vodafone for a long time and was not aware of this debt. I was advised they have no need too and the CCJ stands as I did not contest it in 2017. I was never made aware of this debt nor have I been aware till this year. When asking for proof of being notified of this debt and requesting to understand so I can work it out I was ignored. 

Come to today where I have received a letter from Marston in regard to this debt. Saying I now owe them £1411.26 and have till the 19th April to pay or they will take items from my home.

 

This of course is concerning to myself as I wouldnt be able to pay that so quickly and still I have no knowledge of this debt in the first place. It seems that I have no leg to stand on and will be forced to pay this money from over a decade ago and am not sure what I can do next?

[dx100uk]

Lowells got a backdoor CCJ in 2017 at an old address because you moved and failed to update your debt owners... big mistake.

 

1st - if you have other debts that you last used/paid whatever it was in the last 7 yrs, you must write to the debt owners now to prevent further backdoor CCJ's . never run from debt.

 

now as for this CCJ.

i would suspect? Marstons are operating as HCEO's (as the CCJ is +£600) here as they rarely operate as county court bailiffs.

 

they cant just 'take things from your home!!' there is no right of forced entry on consumer credit debt.

though if you have a car in your name it could be used as leverage to get you to pay them. (clamp tow impoundment, but that is rare and not quick)

 

the bottom line is, there not really alot a bailiff can do with regard to enforcing a County court CCJ, bar wave their arms apart from the above.

but that doesn't mean to say you ignore things.

 

they are sadly quite correct that a CCJ even if a backdoor one, trumps any need for them to prove the debt with any paperwork whatsoever, unless you had a serious dispute with vodafone at the time and that i doubt. i will guess, as with all the telecom debt, the figure is made of the remaining monthly £PCM till term of the contract you signed up too ended, as you simply stopped paying 'whatever' contract you had.

 

now Ofcom and many of the regulatory authorities agree it is unfair to do this, but as you failed to update vodafone of your correct and current address, when they sold the debt on to lowells, lowells quite legally used that same address. there is now, some 5yrs later nothing you can do bar the above suggestion, to reverse or 'set-aside' the CCJ, too much time has elapsed.

 

your only real port of call is to fill in an N245 and send it to the court.

ensure that you tick all the right boxes that involve the suspension of enforcement by bailiffs.

 

i would get that done monday.

 

if you wish to 1000% check an n245 can be used

you will need to ring northants bulk on monday FIRST and ask for a copy of the judgement CCJ 

AND

a copy of the claimform - you need the particulars of Claim AND the ADDRESS the claimform was served too...by email PDF

 

regarding the POC/Address, they might not have a hardcopy of the claimform to send you, so RECORD you call, and ask them to readout the POC and the ADDress.

 

when you have this info

return to this thread and post the POC as a text msg

 

dx