lowell Solicitors

[Amethyst]

Re: lowell Solicitors

Hi
well yes I got a copy of the court papers, and it true, they did get a CJ and the reason I didn't know ought about it was because I was not living at that address at the time of that court case
So it looks like I will have to pay, I will tell them I can't afford the £50
I am a pensioner and get pension credit, my wife works in her shop, we don't make much from the shop, do I have to include her details too
The CJ is in my name, so do I just send in my pension and pension credit details as to work out a payment plan, as the court set the payments
hope this makes sense

You can apply to set aside the judgment as you didn't receive it. Do you know when they obtained the judgment ? was it before 2017 ? If the original O2 contract was from 2009/2010 then it might have been statute barred before they brought the claim if it is quite recent.

If you decide against applying to set-aside the judgment ( which does stay on your credit file for 6 years from judgment ) you can apply to the court ( form N245 ) and a fee of #50 with your income and expenditure and ask them to vary the judgment order ( amount of the installments ) to something that is affordable for you long term. The N245 would also put any enforcement on hold.

[Amethyst]

Re: lowell Solicitors

Well decided to pay in installments, as they can send out the bailiffs

They would have to apply to the court for a warrant of control before they can send any enforcement agent ( bailiffs )

[joedachef]

Re: lowell Solicitors

I don't want the bailiffs coming, I ask them for there expenditure sheet as I cannot afford the £50 per month
this is there reply
Thank you for your recent email.

Please be advised, the interest added at 8% is standard as set out in civil procedure rules. As mentioned previously, if you wish to dispute this matter further you are able to seek independent legal advice.

The £50.00 is an amount set by the Court, however, we note your comments and understand this may not be affordable to you. In order for us to consider your lower offer of payment, please provide details of your income and expenditure in the form attached to this email along with the details of any dependants you have, your employment status and residency details.
If you are unable to access the form, please refer to the following to provide us with the requested information:

- Income (Including any benefits)
- Rent/ mortgage
- Council tax
- Electric
- Gas
- Water
- Housekeeping including food
- Travel expenses
- Priority debts
- Other creditors
- Any other major expenses

As mentioned in our previous email, we will not be applying any further delay to your account so please respond with the relevant information as soon as possible. Failure to do so may result in enforcement action being taken against you.

If you are experiencing financial difficulties, you may wish to seek free and impartial advice from StepChange Debt Charity on 0800 138 1111 or visit www.stepchange.org.uk

If you wish to speak with a member of our team, please telephone us between 8:00am and 8:00pm Monday to Friday or between 8:00am and 2:00pm Saturday on 0113 335 3334.

Yours sincerely,


IS this a threat? Could the 3 letters work or is it to late

[joedachef]

Re: lowell Solicitors

Well decided to pay in installments, as they can send out the bailiffs

had the warrant come this morning and have to pay by 31/01/2018
states i have to pay courts or the bailiff will call,what do i do call the court or contact lowel?

[nemesis45]

had the warrant come this morning and have to pay by 31/01/2018
states i have to pay courts or the bailiff will call,what do i do call the court or contact lowel?

Contact Lowell, asap and ask them not to instruct bailiffs (costs will be high if they do use the bailiff)
Make them a sensible/affordable offer.

nem

[Diana M]

Or make an Application to set aside the CCJ/Default Judgment (served on an address where you were not living) and request the Warrant be suspended pending the outcome of your Application.

Or make an Application to the court to Vary the CCJ to an amount you can afford, again asking the court to suspend the Warrant pending the outcome of your Application to Vary.

Di