LOWELLS

[SHELLSCSHELLS]

Hi Been issued with a Notice of Issue of Warrant of Control from Lowells in the County Court Business Centre???? for a debt which is statute barred and over 14 years old. I had disputed it back then with the catalogue company and returned the goods at the time yet still to be charged for them. I was then refunded yet for the past 12 months i have been receiving letter after letter (sometimes 4 ina week) and also telephone calls and 2 automated calls at early hours of the morning asked me to telephone with payment! It is for a total of £752. The original dispute was for good amounting to £249 which i do not owe. I have sent the usual template letters to the and received no response whatsoever. I have telephoned their offices only to be continuously asked for my reference and my method of payment today!! Frustrated now at the fact that they have sent me this dodgy looking warrant of control and threat of bailiffs visiting to remove goods to the amount. This has come wit no paperwork whatsoever apart from a note which states pay over the phone!! Where do i go next with this.

[Kati]

Re: LOWELLS

tagging [MENTION=55034]nemesis45[/MENTION] [MENTION=26498]ploddertom[/MENTION] [MENTION=9189]bizzybob[/MENTION] [MENTION=48934]Debt Camel[/MENTION] xx

[Amethyst]

Re: LOWELLS

To have reached warrant of control stage there must be a judgment - so it seems like they have managed to get a default judgment against you - did you never receive a claim form from the court ? Is there a claim reference on the letter - it is worth calling the court ( Northampton County Court Business Centre ) and asking for more details and if they could email you the case details ( you want date of judgment, copy of judgment order, original claim if possible, and to know the claimant, amount and claimants solicitors ) - then you can consider whether you want to apply to set aside the judgment and suspend the warrant. It certainly sounds like you may have a defence to the claim.

Did you keep any letters / records of calls etc ?

You should, soon as you have found out exactly what this is, send a Subject Access Request off to the catalogue company to see if they have anything records wise about the case.

[MIKE770]

Re: LOWELLS

Set Aside Application if needed

[nemesis45]

Re: LOWELLS

Hi Been issued with a Notice of Issue of Warrant of Control from Lowells in the County Court Business Centre???? for a debt which is statute barred and over 14 years old. I had disputed it back then with the catalogue company and returned the goods at the time yet still to be charged for them. I was then refunded yet for the past 12 months i have been receiving letter after letter (sometimes 4 ina week) and also telephone calls and 2 automated calls at early hours of the morning asked me to telephone with payment! It is for a total of £752. The original dispute was for good amounting to £249 which i do not owe. I have sent the usual template letters to the and received no response whatsoever. I have telephoned their offices only to be continuously asked for my reference and my method of payment today!! Frustrated now at the fact that they have sent me this dodgy looking warrant of control and threat of bailiffs visiting to remove goods to the amount. This has come wit no paperwork whatsoever apart from a note which states pay over the phone!! Where do i go next with this.

Hi,
In addition to [MENTION=6]Amethyst[/MENTION] post you can check The Registry Trust ( Trust online) which record county court judgments there is a small charge for each address searched. It will give you a head start.

nem

[ploddertom]

Re: LOWELLS

If Bailiffs are involved it will be the County Court Bailiff from your local Court and you would hear from them direct - usually by letter. Lowells would be the ones instructing them and the £100 cost would be added to amount of the CCJ awarded.

[Diana M]

Re: LOWELLS

The Claim Reference number should be on the Warrant of Control (top right usually) so you can use that information when you contact NCCBC to get the case details (which will include the Particulars of Claim).

In most cases the Claimant or their legal representatives would have to provide a copy of the CCJ to the court when making their Application for a Warrant.

In Order to get the CCJ set aside you would need to demonstrate to the court that you were not served with the claim and why (such as wrong address on it).

Things do get lost in the post but did you not received the Default Judgment either?

Di