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Question County Court advice for a Debt THAT IS NOT MINE!

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  • #1

    Question County Court advice for a Debt THAT IS NOT MINE!

    OK I'll keep this short.

    My brother who has special needs took a lot of money out of my account and also took out some phone contracts, selling the phones. I did not realise this was happening because I was working a lot, and he was at home intercepting the mail!

    He has now moved to Canada. I have no inclination to go to the Police. I still love him, and want to see him again. I do not want to put him in a position where he cannot come home. Sorry if you don't like that, but my family is more important to me than a few quid. I understand why he did what he did, and whilst I don't agree with it I can live with it.

    However Lowell Group have hounded me for years! I have explained that it's not me who took out the contract! They have called me a lier. I've been told I need to go to the Police. I've told them to go to the police as it's not me who's been defrauded but 02!!! I get nowhere.

    Now I have forms for county court. I have refused mediation saying that I have nothing to mediate about as I don't owe them a penny.

    How will this end? Is there anything I can do to help myself? Am I going to just end up with a CCJ? They have never even sent me proof that I owe a penny. I'm sick and tired of this and their harassment.

    I have also tried speaking to 02 who refused to discuss this with me. They did take my details and say someone would call me back, but they never did.
    Tags: None
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  • #2
    Re: Question County Court advice for a Debt THAT IS NOT MINE!

    Would be hard to prove someone else took out the contracts without police involvement at least they will have to prove you owe the money More help will come along
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    • #3
      Re: Question County Court advice for a Debt THAT IS NOT MINE!

      Originally posted by wales01man View Post
      Would be hard to prove someone else took out the contracts without police involvement at least they will have to prove you owe the money More help will come along
      Understand that. I can afford to lose the money, it's more the principle of it. However my work would be greatly affected if I got a ccj so will have to see what advice I get.
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      • #4
        Re: Question County Court advice for a Debt THAT IS NOT MINE!

        When were the papers issued and received by you? What have you done so far? Have you filed an acknowledgement of service saying you will defend? Entered a defence already?

        People will want to know exactly what stage you are at, how much time you have, and what you have done.

        If you can post up the particulars of claim from the forms that may also help.
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        • #5
          Re: Question County Court advice for a Debt THAT IS NOT MINE!

          Originally posted by Nibbler View Post
          When were the papers issued and received by you? What have you done so far? Have you filed an acknowledgement of service saying you will defend? Entered a defence already?

          People will want to know exactly what stage you are at, how much time you have, and what you have done.

          If you can post up the particulars of claim from the forms that may also help.
          I'll go and get the forms now. Filled in the online defence. Got a letter saying I needed to fill out a questionairre. Did that and emailed it off. Refused mediation. Got a letter saying a date for court, and the judge said I should do mediation as it was appropriate. I emailed mediation saying I was doing it because forced, but did not see the point as I did not owe a penny. They called me saying we won't do mediation now. So I now have a court date.

          Will scan some paperwork in a minute!
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          • #6
            Re: Question County Court advice for a Debt THAT IS NOT MINE!

            Did the applications he made have to be physically signed?
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            • #7
              Re: Question County Court advice for a Debt THAT IS NOT MINE!

              Originally posted by ploddertom View Post
              Did the applications he made have to be physically signed?
              No idea.
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              • #8
                Re: Question County Court advice for a Debt THAT IS NOT MINE!

                Image removed so that it's not got my personal information in it. When I work out how to blank out stuff I will put it back up.
                Last edited by hairymonkey; 4th September 2013, 20:15:PM.
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                • #9
                  Re: Question County Court advice for a Debt THAT IS NOT MINE!

                  Originally posted by hairymonkey View Post
                  No idea.

                  I would be inclined to find out as if yes then you may have a get out out of jail free unless of course he has perfected your signature.
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                  • #10
                    Re: Question County Court advice for a Debt THAT IS NOT MINE!

                    And have they paid the Hearing Fee?
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                    • #11
                      Re: Question County Court advice for a Debt THAT IS NOT MINE!

                      Originally posted by ploddertom View Post
                      And have they paid the Hearing Fee?
                      I presume so... I have not heard differently. I do have some more stuff to upload though. Can I find out online as my respononse was done online...
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                      • #12
                        Re: Question County Court advice for a Debt THAT IS NOT MINE!

                        Originally posted by ploddertom View Post
                        I would be inclined to find out as if yes then you may have a get out out of jail free unless of course he has perfected your signature.
                        How would I find it out? 02 will not speak to me as they have passed it on. And this company clearly are not going to give me an honest answer.
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                        • #13
                          Re: Question County Court advice for a Debt THAT IS NOT MINE!

                          I would blank out personal details on that letter and repost. This forum is still public, and DCAs do read sometimes.

                          Or maybe just describe in essence what it says, as don't think the scan/pic adds anything essential. People just need to know where you are at with this.

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                          • #14
                            Re: Question County Court advice for a Debt THAT IS NOT MINE!

                            Before the Hearing they should be supplying you with what they are going to rely on in Court but that may be cutting it fine. You could always SAR them, costs a tenner but they do have 40 days in which to comply.
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                            • #15
                              Re: Question County Court advice for a Debt THAT IS NOT MINE!

                              Originally posted by hairymonkey View Post
                              How would I find it out? 02 will not speak to me as they have passed it on. And this company clearly are not going to give me an honest answer.
                              You would probably have to ring the Court and ask.

                              Comment

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