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This is a really long post. My apologies for this. The first bit is the back story. The nub starts from para 4 excluding this one).
On Friday I went to buy a car and was refused credit both by the dealer and also their second string loan agent. I was surprised by this as for several years now I've had an almost perfect credit rating (according to Experian, anyway). So, I checked my Experian report and found that a CCJ had appeared on my public record May 2014. A quick phone call to Northampton CC revealed that this was down to Lowell who bought a long ago disputed debt from a mobile phone company.
The back story here is that in March 2007 I received a letter from a mobile phone Supplier stating that I was late paying my personal mobile phone bill and it had been cancelled and the bill sent to a debt collection agency. I rang the Supplier and offered to pay the outstanding phone bill and the cancellation charge if I could keep the phone line. I was told if I brought the account back into order again then the number would be reconnected and I wouldn't have to pay the cancellation charge. I was advised that I had three months before the contract was properly cancelled. HOWEVER, I couldn't pay the bill via the Supplier because it had been sent to Westcot. I had to call Westcot, pay the bill, and then the phone would be reconnected. I rang Westcot to pay the outstanding phone bill and told them what the Supplier had told me e.g. that the cancellation charge wasn't required. When Westcot tried to access my account they couldn't find it - the Supplier had not sent them the account. I called the Supplier and they admitted there had been a fault on the account but they would send it on to Westcot and I could pay the bill and no, I wouldn't have to pay the cancellation charge, and once the bill had been paid, the phone would be reconnected and all would be well. So, I recalled Westcot a couple of days later, paid the bill, and then waited for the phone to be reconnected. I tried the phone a week later and it was still down. I tried it regularly for the next 3-4 weeks but still no joy. When the bill came through for the linked phone (there were two phones on the account), and the cancelled phone number did not appear on it, I called the Supplier and was told that:
1: the phone had been cancelled 24 hours earlier;
2: I should have called them when I paid Westcot (despite the fact that the letter from Westcot stated that all communication should now go through them. Westcot did not advise me to call the Supplier to let them know I'd paid the bill);
3: I owed them the cancellation fee;
4: Read the small print.
I disputed this via Westcot (because the Supplier refused to discuss it), based on the conversations listed above. Westcot sent me letters saying they were dealing with it and then I received a letter stating that the cancellation fee had to be paid. I called Westcot and the Supplier and said that based on the advice both companies had given me I believed that I wasn't now liable for this debt based on what I'd been told by them and that now I wasn't going to pay it.
My LAST communication with any company about this disputed debt was: November 2007 and this was by phone.
Since then I have received dozens of letter from the Supplier and its various debt collection agencies, threatening me over the disputed debt and offering me deals over the disputed debt. The disputed debt was finally sold to Lowell in 2010 and I have received dozens of letter from them, too. On one occasion I was advised that a debt collection agency was going to take me to court and even stated a date, however, no paperwork came through the post, no visits came from debt collectors, and no bailiffs have ever been at my door. No CCJ appeared on my credit report.
I moved from my last address (where I had lived for over 8 years so plenty of time to take me to court) just over a year ago. A contact address for me was available via Experian.
The CCJ appears early May 2014.
I never received any paperwork from Lowell or its solicitor, B W Legal.
Whilst I dispute that I owe this money, because all the communication I had with the Supplier / Westcot was via phone calls, I think it would be difficult to prove the above (although I do have a letter from Westcot acknowledging that I was questioning the disputed debt).
According to the solicitor the disputed debt was registered as being a default early March 2008. This is a long time after the account was closed down (July 2007) and the last letter from Westcot stating that my query had been refused (November 2007). Westcot then sent the disputed debt to Iqor January 2008.
Therefore, am I right in thinking I can try to have this CCJ set aside using Statute Barred?
HOWEVER, several websites say that unless you try to have a CCJ set aside within 28 days the judge will consider the request frivolous and refuse it. It is not the fault of the debt collection agency if they do not have the latest address for you.
The original disputed debt is around £120. The CCJ is £240. I don't want to spend another £155 if the above is considered to be the case. I do not owe the money but there is no point throwing good money after bad.
BUT.....if not, then I'm more than willing to pay £155 and also lose a day's wages to contest the CCJ not just to clear my credit report but also to refuse to be bullied by these huge corporations.
Any advice would be gratefully received.
I also could do with some help completing the n-244.
Thank you for taking the time to read this. I feel guilty about asking for so much free help!
On Friday I went to buy a car and was refused credit both by the dealer and also their second string loan agent. I was surprised by this as for several years now I've had an almost perfect credit rating (according to Experian, anyway). So, I checked my Experian report and found that a CCJ had appeared on my public record May 2014. A quick phone call to Northampton CC revealed that this was down to Lowell who bought a long ago disputed debt from a mobile phone company.
The back story here is that in March 2007 I received a letter from a mobile phone Supplier stating that I was late paying my personal mobile phone bill and it had been cancelled and the bill sent to a debt collection agency. I rang the Supplier and offered to pay the outstanding phone bill and the cancellation charge if I could keep the phone line. I was told if I brought the account back into order again then the number would be reconnected and I wouldn't have to pay the cancellation charge. I was advised that I had three months before the contract was properly cancelled. HOWEVER, I couldn't pay the bill via the Supplier because it had been sent to Westcot. I had to call Westcot, pay the bill, and then the phone would be reconnected. I rang Westcot to pay the outstanding phone bill and told them what the Supplier had told me e.g. that the cancellation charge wasn't required. When Westcot tried to access my account they couldn't find it - the Supplier had not sent them the account. I called the Supplier and they admitted there had been a fault on the account but they would send it on to Westcot and I could pay the bill and no, I wouldn't have to pay the cancellation charge, and once the bill had been paid, the phone would be reconnected and all would be well. So, I recalled Westcot a couple of days later, paid the bill, and then waited for the phone to be reconnected. I tried the phone a week later and it was still down. I tried it regularly for the next 3-4 weeks but still no joy. When the bill came through for the linked phone (there were two phones on the account), and the cancelled phone number did not appear on it, I called the Supplier and was told that:
1: the phone had been cancelled 24 hours earlier;
2: I should have called them when I paid Westcot (despite the fact that the letter from Westcot stated that all communication should now go through them. Westcot did not advise me to call the Supplier to let them know I'd paid the bill);
3: I owed them the cancellation fee;
4: Read the small print.
I disputed this via Westcot (because the Supplier refused to discuss it), based on the conversations listed above. Westcot sent me letters saying they were dealing with it and then I received a letter stating that the cancellation fee had to be paid. I called Westcot and the Supplier and said that based on the advice both companies had given me I believed that I wasn't now liable for this debt based on what I'd been told by them and that now I wasn't going to pay it.
My LAST communication with any company about this disputed debt was: November 2007 and this was by phone.
Since then I have received dozens of letter from the Supplier and its various debt collection agencies, threatening me over the disputed debt and offering me deals over the disputed debt. The disputed debt was finally sold to Lowell in 2010 and I have received dozens of letter from them, too. On one occasion I was advised that a debt collection agency was going to take me to court and even stated a date, however, no paperwork came through the post, no visits came from debt collectors, and no bailiffs have ever been at my door. No CCJ appeared on my credit report.
I moved from my last address (where I had lived for over 8 years so plenty of time to take me to court) just over a year ago. A contact address for me was available via Experian.
The CCJ appears early May 2014.
I never received any paperwork from Lowell or its solicitor, B W Legal.
Whilst I dispute that I owe this money, because all the communication I had with the Supplier / Westcot was via phone calls, I think it would be difficult to prove the above (although I do have a letter from Westcot acknowledging that I was questioning the disputed debt).
According to the solicitor the disputed debt was registered as being a default early March 2008. This is a long time after the account was closed down (July 2007) and the last letter from Westcot stating that my query had been refused (November 2007). Westcot then sent the disputed debt to Iqor January 2008.
Therefore, am I right in thinking I can try to have this CCJ set aside using Statute Barred?
HOWEVER, several websites say that unless you try to have a CCJ set aside within 28 days the judge will consider the request frivolous and refuse it. It is not the fault of the debt collection agency if they do not have the latest address for you.
The original disputed debt is around £120. The CCJ is £240. I don't want to spend another £155 if the above is considered to be the case. I do not owe the money but there is no point throwing good money after bad.
BUT.....if not, then I'm more than willing to pay £155 and also lose a day's wages to contest the CCJ not just to clear my credit report but also to refuse to be bullied by these huge corporations.
Any advice would be gratefully received.
I also could do with some help completing the n-244.
Thank you for taking the time to read this. I feel guilty about asking for so much free help!
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