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Issue of Warrant of Control

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  • Issue of Warrant of Control

    Please can anybody help me as i am so confused. I have received documentation from the court advising me that a warrant has been issued for a debt with Lowell. It states i need to make a payment within 7 days or the bailiff will be coming to seize my goods.

    I obviously have no knowledge of this and signed up for an account with noddle which shows on my credit file a ccj from April 2014 with o2.

    i have no knowledge of this and would very much appreciate if someone could help with this issue.

    many thanks

    scarlet

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  • #2
    Anyone???

    Comment


    • #3
      Originally posted by Jamster1982 View Post
      Please can anybody help me as i am so confused. I have received documentation from the court advising me that a warrant has been issued for a debt with Lowell. It states i need to make a payment within 7 days or the bailiff will be coming to seize my goods.

      I obviously have no knowledge of this and signed up for an account with noddle which shows on my credit file a ccj from April 2014 with o2.

      i have no knowledge of this and would very much appreciate if someone could help with this issue.

      many thanks

      scarlet
      Hi there

      Ok how much are they pursing?

      Secondly, have you ever had an account with o2?

      If you did, was there an outstanding balance on the account?

      If the account was closed with no balance do you have proof.

      You may need to make an application to the Court to set aside judgment so you will need to move fast here, have you moved in the last couple of years? maybe even longer? i ask because it is a known trick for some companys to issue a claim on an address where the debtor doesnt live so they can secure judgment.

      Id also suggest getting hold of lowells to get them to send you a copy of the claim they issued too so we can work out a little more about what the claim is for
      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Pt@roachpittis.co.uk .

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

      Comment


      • #4
        Hi the total amount of the ccj is around £1300 but the warrant is asking for a intial part payment of around £200.

        I Do not ever recall opening an account with o2.
        I have always lived at the same property but im certain i did not receive anything here.

        I have already printed out the n245 form which i believe is the correct form to stop the bailiff action along with the help with fees form as i am unable to work due to my mental health.

        Can you please advise how i can contact lowell to ask for information on the debt as i dont want to say anything to them that might be seen as admitting the debt is mine.

        Thank you

        Comment


        • #5
          Hi im waiting for any replies which will be greatly apreciated iv never dealt with anything like this before and i am very much getting myself worked up over this :-(

          Comment


          • #6
            Originally posted by Jamster1982 View Post
            Hi im waiting for any replies which will be greatly apreciated iv never dealt with anything like this before and i am very much getting myself worked up over this :-(
            Hi sorry you havent had any further replies, ive been busy with work so havent been able to pop in recently.

            you will need an N244 application to set aside Judgment, you will need a witness statement explaining the background to this case and the points youve raised above and importantly the fact that you have no account with O2 so judgment should be set aside. If you have any questions just ask.


            Set Aside Application
            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Pt@roachpittis.co.uk .

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.

            Comment

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            SHORTCUTS


            First Steps
            Check dates
            Income/Expenditure
            Acknowledge Claim
            CCA Request
            CPR 31.14 Request
            Subject Access Request Letter
            Example Defence
            Set Aside Application
            Directions Questionnaire



            If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





            NOTE: If you receive a court claim note these dates in your calendar ...
            Acknowledge Claim - within 14 days from Service

            Defend Claim - within 28 days from Service (IF you acknowledged in time)

            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




            We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
            If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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