CCJ Please - Court Hearing help

[mightyg]

Hi All

I am new to this forum and I've court hearing for the debt which I found about around 8 weeks ago from 2007.

After reading various posts on this forum I managed to write n244 and witness statement to challange the ccj which was issued in 2013.
I've found out about CCJ 2 months ago on experian report. There are no marks by lowell on my file ever.

This is not my debt and I've no details of this, CCJ has been obtained by sending the claim letters to my old address and I was in america during that period for 6 months . I've sent SAR request however no reply from claimaint yet.

My hearing is next week, I am bit stressed and confused as I need advice What to do on the hearing date?

I can carry the evidence I was not in the country when CCJ was issued.Can any one please advise me on the following points:


1. Debt is from 2007 - Should this be statute barred as Inever ever have contacted/paid any of the companies chasing this debt?

2. I've no information regarding this debt all I've been told is the company name (DCAs) and the main company(T-mobile). Do I've to write a letter like witness statement or defence which I've to take with me to the court on the hearing day.

3. And are there any other legal requirements during the hearing?

As per the witnesststement I requested to put hold for 14 days and submit my defence.

Can you please advice me what should I do now before my hearing.I've called the sols for legal advise in my area but they are giving me quotes with very high fees. And I don't have money to pay sols fees.

I need your help on this as I do not want ccj mark as this is someone elses error/debt


Thanks

[PAWS]

Re: CCJ Please - Court Hearing help

Just giving this a bump for you as you are clearly distressed over this and that is understandable. Try to keep this all on one thread to avoid confusion and repetition.

[PAWS]

Re: CCJ Please - Court Hearing help

I am just going to give this another bump. Saw your other post and I am afraid that has had no reply either so best to keep it all on here. I am sure someone will take a look when they get 5 seconds.

[Kati]

Re: CCJ Please - Court Hearing help

[MENTION=55034]nemesis45[/MENTION] ... could you have a look please??

[nemesis45]

Re: CCJ Please - Court Hearing help

@nemesis45 ... could you have a look please??

Hi Kati+

Just got in soaked to the skin cloud burst storm will looking in 10 mins.

nem

[Kati]

Re: CCJ Please - Court Hearing help

Hi Kati+

Just got in soaked to the skin cloud burst storm will looking in 10 mins.

nem

Thank you xxx

[nemesis45]

Re: CCJ Please - Court Hearing help

Good afternoon Mightyg,

I would like to look at your problem from that last para and the statement that " this is
someone else's error/debt". This will be key in attempting to get the CCJ set aside.

First can you tell if you have ever had a account with T mobile at anytime? ? Who's debt is this?
" the debt is from 2007" do you mean the account was allegedly opened in 2007? Or the date Lowell acquired the debt?
The CCJ is a matter of public record at present so you are applying for it to be set aside.

Have you informed Lowell that you intend to apply to the court for the judgement to be set aside, sending them your reasons for doing so and giving them the opportunity to get the judgement set aside??

BTW a SAR should have gone to T Mobile as Lowell will only have data from the date it acquired the debt.

Is this anything like your document.
Claim NoXXXXXXXXXXXXXXXXX
Judgement Date:.....................:

Witness Statement/ Statement truth of Mightyg
of Address ....................................:


1. I became aware of Judgement for the Claimant Lowell on >................................: Following a check of my credit report from Experian.

2. I do not recognise any such debt.

3. I am not now nor ever have been a custom of T mobile.

4. I resident in the USA at the time the claim was issued ( date here).

5. Attached Document 5. (a) Proof of residence in USA.

6. I also aver that the alleged debt is Statute Barred under the provisions of The Limitation Act 1980.

6. (a). I have no knowledge of the alleged debt and have not at any time made any payment or written acknowledgment in relation to the alleged debt.

you need to attach all your " proof" that you did not receive the claim form,.

Your defence to the original claim is that you were never a customer of T Mobile at any time.

3 copies of all document 1 for you, 1 for the claimant 1 for the court.

[mightyg]

Re: CCJ Please - Court Hearing help

Hi Nemesis45 thanks for your reply, Sorry I just checked your reply today.

I've no clue about this contract and there is no footprint by lowell or their solicitors or o2 in my recent Credit report.

I was shocked when I saw ccj mark in the starting of the report, next day I called NCC and they gave me solicitor details and I've sent them the letter to set aside judgement on voluntree basis I've sent them my out of country evidence during the period and also requested them to poivde more details regrading the debt and advise them of my next action as well i.e n244.

After couple of days when I called in to confirm the receipt of the recorded delivery , customer service advisor advised me details has been passed to lowell and then she started asking me to provide tenancy agreement for the period in 2007 and during judgement and start threatning with baliff actions. At that stage I decided ti file n244 and send the SAR request to solicitors and I did mentioned that I need all records which is related to the debt and the agrrement. The letter you've attached is similar to the points Ive included in the witness statement. However I didnot mentioned anything about Statute Barred as I thought I will use this during hearing/defence.

Since then I've not heard anything back and there is no point of calling them , I will now prove myself before court.

Only me and my family knows how much stress I've been through in past few months due to this nonsense of debt collection agencies as I can even loose my job and I was going to appply for morthagage and there is direct link in intrest rates and CCJs.


Regarding the court hearing, can you please advise follwoing:
1. do I need to write a another letter with three copies ?
2. I will take my passport to show I was not in the country, do I need anything else?
3. And anyother paragraphs or sections which I can use to defend me
4. And what happens if no one from the claimaint side turn up?
5. And after the court hearing of judgement is set aside, Whats the process afterwards?

I would appreciate any advise from you.


Regards

[nemesis45]

Re: CCJ Please - Court Hearing help

Responding to PM,
The details of your application go the N244, it is advisable to write a witness statement to go with this detailing when you became aware of the CCJ, the actions you have taken and the responses from the other party.
Copies of your "evidence" referred to should be numerically indexed and attached to the application.
As said to set aside you must have a defence that has a reasonable chance of success, so every little
bit of evidence is valuable.

If the judgement is set aside on the grounds that you were never a customer of T Mobile then that should
be the end of this.

If the claimant/representative does no attend the judge will usually continue without them relying on any
written evidence submitted.
If no response has been filed by the claimant the claim is usually struck out.

nem.

[mightyg]

Re: CCJ Please - Court Hearing help

Hi Nemesis

Bit confused now regarding defense and witness statement.

I've already sent the n244 with witness statement & now for my defense Do I need to write another letter with all the evidence details(indexed) and my communication history with t mob(royal mail letter ref and copies).

Thanks

[nemesis45]

Re: CCJ Please - Court Hearing help

Hi Responding to your PM

Your defence is what you would have used if you had received the original claim.

Your witness statement is the " story" in concise terms of what has happened and when.
So it seems to me all is complete.

nem

[mightyg]

Re: CCJ Please - Court Hearing help

Hi Nemesis

I’ve received the first letter from the DCA on back of the SAR request. In this letter DCA have stated that
‘SAR request will not include information held by the original creditor. Please also be aware that we are unable to provide copy of the deeds of assignment as these contains sensitive information relating to DCAs other customer.
With regards to your request for copy of the contract for your accounts, please note that the balances requested for payment are service agreements and not credit agreements as defined by CCA 1974. As such there is no statutary requirement to complete and sign such agreement in order to obtain an account of this nature.
As you may be aware accounts of this type can be obtain by telephone, over the internet and by mail order and therefore no signed contract exists we cannot provide such agreement.’
According to this they have refused to provide any copies of agreement. Can you please advise what should I do next.

Thanks

[nemesis45]

Re: CCJ Please - Court Hearing help

Hi Nemesis

I’ve received the first letter from the DCA on back of the SAR request. In this letter DCA have stated that
‘SAR request will not include information held by the original creditor. Please also be aware that we are unable to provide copy of the deeds of assignment as these contains sensitive information relating to DCAs other customer.
With regards to your request for copy of the contract for your accounts, please note that the balances requested for payment are service agreements and not credit agreements as defined by CCA 1974. As such there is no statutary requirement to complete and sign such agreement in order to obtain an account of this nature.
As you may be aware accounts of this type can be obtain by telephone, over the internet and by mail order and therefore no signed contract exists we cannot provide such agreement.’
According to this they have refused to provide any copies of agreement. Can you please advise what should I do next.

Thanks

A SAR goes to the original creditor not the claimant.
There is as they say no regulated agreement for Mobile contracts.
If there is an agreement/contract mentioned in the particulars of claim
you request that from the claimants solicitor under CPR31.14

nem

[mightyg]

Re: CCJ Please - Court Hearing help

Hi Nemsis

Should I send another SAR to t mobile? And in the claim copy it says 'monies own by defendant on a credit agreement regulated by the cca 1974'.
And do I need to send another CCA request to DCA?

Please advise the best action now as I am sure there is no agreement in place? Also DCA have mentioned ccounts of this type can be obtain by telephone, over the internet and by mail order , should I ask for copies of these?

Thanks

[mightyg]

Re: CCJ Please - Court Hearing help

Hi Nemesis

I've sent the SAR request to t mobile and they have requested for my current address proof and proof of the address during 2006 period when o2 initially signed contract.

1. However I don't have any address details from 2006 what are my options now, Ive called my bank they can't even provide me anything from 2006?Is there any legal paragraph/section to enforce sar now.

2. What if I am unable to get a sar copy how I will be able to proove that this is tstaue barred debt and does not belong to me.

Regards