Assistance with a CCJ

**nemesis45** · 30th January 2018, 09:52:AM

Good morning, welcome to LB,

Lowell now own the debt and VF is not their client.

I think you will be successful in getting this set aside on the ground you state.
It would be a good idea to get a solicitors on to this.

Also as you believe payments were / are being made I would suggest that you look carefully at your bank statements
and perhaps contact VF to find out how this amount has accrued.

Could all of this alleged debt be charges?

nem

**MattLB90** · 30th January 2018, 09:58:AM

Would the fact that I have paid the outstanding amount owed affect the outcome of the application to set aside the CCJ?

**MattLB90** · 30th January 2018, 10:42:AM

Regarding completion of N244 form are there any guidelines/templates that I can gain access to?

thank you for your help in advance

**R0b** · 30th January 2018, 11:02:AM

My view is that if you have already paid the said amount then you might struggle to get the CCJ set aside. You ought to have made your application first and sought a consent order from Lowell agreeing to withdraw the claim on the condition that you pay the amount within a period of time.
By making the payment before the application to set aside, the court might see that as an admission of liability and so the CCJ is accurately recorded. To then have it set aside following payment could amount to an abuse of process where the correct process is that you obtain a certificate of satisfaction so that the CCJ is marked as satisfied - its unlikely to do much where you seek credit through an automated decision.

There are some examples of applications sent to set aside but relate to parking tickets so you would need to adapt them slightly if you still intend on making an application. I'll have a look for them anyway just in case.

**Diana M** · 30th January 2018, 11:35:AM

Originally posted by MattLB90 View Post

I took out a mobile phone contract with Vodafone to n 2013. I kept up with all payments as required.

In 2014 I left the UK and have lived oversees in NZ ever since.

During this time I still believed that the direct debits were being taken from my U.K. Account. I hadn't received any communication to think otherwise.

. . . . I discovered that Lowell Solicitors had lodged a CCJ against me in November 2017.

immediately I called Lowell and they confirmed that I owed £700 to their client Vodafone. They had been sending letters and a claim form to an old address in the U.K. I wasn't at that address to receive the letters. I straightaway paid the outstanding balance.

i am now wanting to dispute this CCJ on the grounds that I was totally unaware of the debt. To my knowledge the direct debits were still being taken .

could someone provide guidance in terms of what my chances are of this being overturned.

The first option would be to ask Lowell Solicitors to consent to a set aside and dismissal of the claim at the same time. There will be a fee to pay the court to file a Consent Order if one is agreed.

You could advise them that if they don't consent to the set aside then you will make an Application to the court stating that the sum (£700) was 'paid under protest' in order to limit the damage to your credit file which they should have marked as the CCJ satisfied.

If they are not willing to consent (because they see no motivation to cooperate) then you will need to go ahead with your Application but you will have put them on notice of your Application so that if it's successful you'll be asking the court to order them to pay your legal costs (you've mentioned instructing a solicitor).

If your Application to set aside is successful the CCJ will not longer exist but the claim will still be live and you will need to defend it.

The court could dismiss the claim since you've paid it but without knowing the full facts it's not possible to speculate on the outcome. The decision will be based on a number of things.

May I ask a few questions that a DJ may ask.

Did you actively terminate/cancel the Vodafone contract in writing according to the Terms and Conditions?

How long was the minimum contract such as 12, 18 or 24 months and at what point did you cancel it (if you did)?

You say you believed the payments were still being taken by direct debit which suggests the contract wasn't cancelled unless I've misunderstood the situation.

What happened to the handset and sim card? Is there a possibility that it was used in the UK without your knowledge which explains the £700 bill?

Was the address Lowells say the paperwork was being sent to in your absence owned by you or a family member etc, or had it been sold or maybe a rented property which you had given up when you left the UK so Lowells could have seen you had no connection to that address if they checked your CRA file?

This forum has an Authorised Representative from Vodafone who may be able to obtain the evidence you need to persuade Lowells that the debt they purchased and pursued to court had been extinguished by you before they became involved (i.e. the balance should have been £0 not £700).

Di

**MattLB90** · 31st January 2018, 07:36:AM

Originally posted by Diana M View Post

The first option would be to ask Lowell Solicitors to consent to a set aside and dismissal of the claim at the same time. There will be a fee to pay the court to file a Consent Order if one is agreed.

You could advise them that if they don't consent to the set aside then you will make an Application to the court stating that the sum (£700) was 'paid under protest' in order to limit the damage to your credit file which they should have marked as the CCJ satisfied.

If they are not willing to consent (because they see no motivation to cooperate) then you will need to go ahead with your Application but you will have put them on notice of your Application so that if it's successful you'll be asking the court to order them to pay your legal costs (you've mentioned instructing a solicitor).

If your Application to set aside is successful the CCJ will not longer exist but the claim will still be live and you will need to defend it.

The court could dismiss the claim since you've paid it but without knowing the full facts it's not possible to speculate on the outcome. The decision will be based on a number of things.

May I ask a few questions that a DJ may ask.

Did you actively terminate/cancel the Vodafone contract in writing according to the Terms and Conditions?

How long was the minimum contract such as 12, 18 or 24 months and at what point did you cancel it (if you did)?

You say you believed the payments were still being taken by direct debit which suggests the contract wasn't cancelled unless I've misunderstood the situation.

What happened to the handset and sim card? Is there a possibility that it was used in the UK without your knowledge which explains the £700 bill?

Was the address Lowells say the paperwork was being sent to in your absence owned by you or a family member etc, or had it been sold or maybe a rented property which you had given up when you left the UK so Lowells could have seen you had no connection to that address if they checked your CRA file?

This forum has an Authorised Representative from Vodafone who may be able to obtain the evidence you need to persuade Lowells that the debt they purchased and pursued to court had been extinguished by you before they became involved (i.e. the balance should have been £0 not £700).

Di

* I sent a letter outlining that I wished to terminate the contract on the basis that I would be oversees for the foreseeable future and would therefore have no use for the contract. Following this letter I believed that final payment would be taken out of my account, which is now closed down. I outlined that any communication regarding the matter needs to be sent to my Australian address as I no longer reside in the UK. I had no acknowledgement or response to this letter so therefore took it as though there were no issues and the contract had ceased.

* I'm unsure of the contract term, this is something that I would need to check. I believe it may have been 24 months. Could you point me in direction of the Authorised Representative from Vodafone who could look into this please?

* The direct debits were being taken up until the date I sent a letter requesting cancellation. Again I would need to clarify exact dates as to when the letter was sent.

* I kept the handset on the basis that the final payment would have paid off the remaining balance.

* The address they had on file was my parents rented property. I haven't lived at the property for over 4 years. I no longer have a close relationship with my parents and therefore wouldn't of had any idea that letters regarding an outstanding debt was being sent there.

I arranged full payment of the debt after speaking to Lowell Solicitors and also a representative from the county court believing this was my only option at the time. They also advised that once settled I could dispute the CJJ by filling out a N244 form.

Could you put me in touch with the Vodafone Representative please? This will enable me to understand the timeline of events and also to understand if they did receive the cancellation letter that I previously sent them.

I will be contacting Lowell solicitors this morning in the hope that they understand the circumstances and are willing to help to set aside the CCJ.

Thank you for your help with this Di, really appreciate the guidance.

**want2befree** · 31st January 2018, 07:53:AM

Originally posted by MattLB90 View Post

* I sent a letter outlining that I wished to terminate the contract on the basis that I would be oversees for the foreseeable future and would therefore have no use for the contract. Following this letter I believed that final payment would be taken out of my account, which is now closed down. I outlined that any communication regarding the matter needs to be sent to my Australian address as I no longer reside in the UK. I had no acknowledgement or response to this letter so therefore took it as though there were no issues and the contract had ceased.

* I'm unsure of the contract term, this is something that I would need to check. I believe it may have been 24 months. Could you point me in direction of the Authorised Representative from Vodafone who could look into this please?

* The direct debits were being taken up until the date I sent a letter requesting cancellation. Again I would need to clarify exact dates as to when the letter was sent.

* I kept the handset on the basis that the final payment would have paid off the remaining balance.

* The address they had on file was my parents rented property. I haven't lived at the property for over 4 years. I no longer have a close relationship with my parents and therefore wouldn't of had any idea that letters regarding an outstanding debt was being sent there.

I arranged full payment of the debt after speaking to Lowell Solicitors and also a representative from the county court believing this was my only option at the time. They also advised that once settled I could dispute the CJJ by filling out a N244 form.

Could you put me in touch with the Vodafone Representative please? This will enable me to understand the timeline of events and also to understand if they did receive the cancellation letter that I previously sent them.

I will be contacting Lowell solicitors this morning in the hope that they understand the circumstances and are willing to help to set aside the CCJ.

Thank you for your help with this Di, really appreciate the guidance.

HI Diana
What happens in above case , If the claim is set aside , but the defendant lost at defence hearing. Will he get a new CCJ from date of hearing ? and 30 days from date of hearing to pay it off and get rid from credit file .

**Amethyst** · 31st January 2018, 09:01:AM

If you succeeded in getting the claim set aside, and went on to defend, but then lost in court and got a judgment, yes you would have the 28 days to pay before it was entered onto the register. Setting aside basically returns you to the beginning of a claim. However you have already paid it off... which makes it complicated. Have you had it marked as satisfied on the register and in your credit file ? Are you wanting to get your money back or just get rid of the CCJ ?

Lee Vodafone Company Rep

* I sent a letter outlining that I wished to terminate the contract on the basis that I would be oversees for the foreseeable future and would therefore have no use for the contract. Following this letter I believed that final payment would be taken out of my account, which is now closed down. I outlined that any communication regarding the matter needs to be sent to my Australian address as I no longer reside in the UK. I had no acknowledgement or response to this letter so therefore took it as though there were no issues and the contract had ceased.

The direct debits were being taken up until the date I sent a letter requesting cancellation. Again I would need to clarify exact dates as to when the letter was sent.

**MattLB90** · 31st January 2018, 09:05:AM

Update -

I have spoken to Lowell Solicitors this morning. I fully explained the events and circumstances and they were not willing to discuss setting aside the CCJ.

The advisor accepted and understood that I wouldn't have been aware of letters being sent to the corresponding address but just constantly requested that I seek independent legal advice.

I certaintly feel as though because I have settled the debt with Lowell they aren't willing to come to an agreement with the CCJ.

I will now dispute this judgement.

**want2befree** · 31st January 2018, 09:07:AM

Originally posted by MattLB90 View Post

Update -

I have spoken to Lowell Solicitors this morning. I fully explained the events and circumstances and they were not willing to discuss setting aside the CCJ.

The advisor accepted and understood that I wouldn't have been aware of letters being sent to the corresponding address but just constantly requested that I seek independent legal advice.

I certaintly feel as though because I have settled the debt with Lowell they aren't willing to come to an agreement with the CCJ.

I will now dispute this judgement.

Same with me .I spoke to them just now. They are only CSA 's i think, No knowledge of law.

**MattLB90** · 31st January 2018, 09:08:AM

Originally posted by Amethyst View Post

If you succeeded in getting the claim set aside, and went on to defend, but then lost in court and got a judgment, yes you would have the 28 days to pay before it was entered onto the register. Setting aside basically returns you to the beginning of a claim. However you have already paid it off... which makes it complicated. Have you had it marked as satisfied on the register and in your credit file ? Are you wanting to get your money back or just get rid of the CCJ ?

Lee Vodafone Company Rep

Lowell advised me that they would be sending a notice that it has been satisfied. My credit report dosen't currently reflect that it has been settled. Is the process that Lowell would advise the County Court that it has been satisfied?

I am wanting to get rid of the CCJ altogether.

**want2befree** · 31st January 2018, 09:23:AM

HI Amethyst
What are my chances of sucess for N244 , If I have a letter from claimant solicitor they cannot provide any documents to comply with my request for CPR18. They have to refused to give a consent order to me .

**R0b** · 31st January 2018, 09:34:AM

I think you are in a bit of a tough predicament Matt.

Lowell are under no obligation to consent to setting aside the CCJ and why should they when they have already been paid? I can see Diana's point of view but relying solely on payment under protest to limit your credit file is a risky strategy.

Then there's the issue of getting the CCJ set aside when payment of the debt has already been satisfied. Even if the court did agree to set aside how can you defend a debt when you've already paid it? As far as I am aware, the court has no power to withdraw a claim of its own volition but it can strike out or apply summary judgment on the claim, neither of which I think is appropriate where the claimant has a valid cause of action and payment of which has been made. It might be viewed by the court as cleaning up your credit history and that's something they are not usually prepared to do.

As for showing your CCJ as being satisfied, you would need to apply to the court with evidence of payment and pay £15 for a certificate of satisfaction which you can provide to credit reference agencies and Registry Trust Online to mark as satisfied.

In short, Lowell obtained default judgment, you paid the debt rather than have it set aside and I can't see any good reason so far as to why it should be set aside. I would also point out that if Lowell resist your application which I don't think would be too difficult to succeed since they can prove payment has been made, then you could be liable for their costs in relation to your application.

**Amethyst** · 31st January 2018, 09:37:AM

Originally posted by want2befree View Post

HI Amethyst
What are my chances of sucess for N244 , If I have a letter from claimant solicitor they cannot provide any documents to comply with my request for CPR18. They have to refused to give a consent order to me .

do you have a thread with the details of your case ?

Assistance with a CCJ