Warrant of control

[sezibon1]

Hi all.
Just posting for some advice please.
I recieved through the post a Warrant of control from local county court. The creditor is Lowell Portfolio 1 ltd for £816.57.
I phoned the company and they say it is from a three mobile phone contract. I last had contact with three mobile in 2005. Lowell said I paid them a cheque of £1 in 2010. This is untrue as i have never had a cheque book, however i have looked at my bank statements just incase i was going mad and no payment was made to lowell.
i have many questions about this but my cab closed and solicitors have no appointments and i am in somewhat of a rush to put in to the court to get this set aside. so here i go.

1. Am i right in thinking that i need to put in a N244 form to the court to get the ccj set aside?
2. What is the legality of recieving the warrant as i did not recieve a ccj or any paperwork surrounding it.
3. Is the ccj legal if the debt was statue barred?
4. Can the county court baliffs forceably remove my property as i am disputing the debt?
5. Can i try to recover costs from Lowell for the court fee and the wages i will lose from attending court?
6. Do i have to have a solicitor deal with this for me or is it quite a simple process getting the ccj set aside? As the only one working and five children to support things are slightly tight financially.
7. Should i phone the police/trading standards FSA against Lowell re the Section 2, Fraud act 2006 fraud by false representation and saying i paid towards and acknowledged the debt when i didnt?
Many thanks in advance for your help

[Kati]

Re: Warrant of control

[MENTION=55034]nemesis45[/MENTION] - a little advice if possible xx

[nemesis45]

Re: Warrant of control

@nemesis45 - a little advice if possible xx

Ok Kati Thanks xx

[nemesis45]

Re: Warrant of control

Hi sezi,

Welcome to LB,
Another Lowell " Mystery" payment.

When was the warrant issued?

Yes N244 Application to set aside fee payable.

Are you saying that you did not receive a claim pack, this
would have come from The Northampton County Court Business Centre
and includes a claim form N1?? Have you moved address recently could the
documents have been sent to another address?

If the debt was statute barred before the Count Court Claim was issued you can ask the claimant
to get it set aside at their cost.

The bailiff cannot force entry and you don't have to let them in.

Has a date been set for a bailiff visit?

Set aside, to succeed you must have a defence to the original claim, which has a reasonable chance of success, stat barred is a complete defence.

Your point 7 is not valid.

Do you have any Lowell correspondence?

nem

[sezibon1]

Re: Warrant of control

Hi thanks for the speedyb reply.!!!
Warrant issued 27th may.
No claim pack recieved. have lived here for over a year.
Is there a special way to ask them to set it aside as just checked gov website and credit expert and no ccj recorded.
Baliff due before 4th June
No correspondance at all except a letter from Bryan Carter today (1 day after warrant arrived here) Stating i owe £988.82.
Thank you so much for your help

[nemesis45]

Re: Warrant of control

OK do you know when the judgement was made?
What has Carter got to say?
No previous contact from Lowell at all?
Have you checked credit reference files there may be details
there Noddle is FREE credit ref. agency a quick check may help

Notify Carter by e-mail that you are applying for the CCJ to be set aside and that he should withdraw the warrant immediately.
You aver that the ALLEGED debt was statute barred before the claim was issued.
The alleged payment of £ 1 is denied as you have never had a cheque facility and therefore could not have paid in this way, nor have you ever authorised any 3rd party to make any payment on your behalf.

Download a N244 from the net and complete it to show the bailiff, unfortunately Carter will not acknowledge that on e-mail.

nem

[nemesis45]

Re: Warrant of control

It is odd that you have not received any other documents yet it appears Carter has your present address and so does the court.
With this and the fact you have never had a cheque book is all very suspicious.

nem

[sezibon1]

Re: Warrant of control

Hi
If you mean what date was the ccj. there is no ccj. not on file with the two credit reference agencies i checked with.

Cater letter says" warrant of control
Your account has now been referred for issue of a warrant of control under Warrant number****** at: My address.
The Baliff will now attend your property, which may result in the seizure of your assets and/or possessions unless you repay the debt.
If you are unable to make payment in full we may be able to agree an instalment plan which reflects your current financial circumstances.
Payment can be accept blah blah blah."

No previous correspondance from Lowell at all.
I agree very fishy especially as no ccj that i can find. Not sure how i get a ccj set aside when there isnt one?

When you wrote "You aver that the ALLEGED debt was statute barred before the claim was issued." i cant think straight, what is aver please?

[nemesis45]

Re: Warrant of control

Believe / assert the debt is SB.
Have you moved house at any time in the last 18 month - 2 years?


nem

[Amethyst]

Re: Warrant of control

There should be a claim number on the warrant of control letter from the court. Ring the court and ask if there is a CCJ (there will be) and if they can give you any details on it - explain to them you know nothing about it and tell them you will apply to set it aside, they should put a hold on the warrant of control as soon as you put in your application.

You can also check on trust-online http://www.trustonline.org.uk/search-yourself

And I would ring Lowell (well Bryan Carters) and tell them this is the first you have heard, you intend to apply to set aside and could they send you copies of the documents.

[sezibon1]

Re: Warrant of control

Ah ok thank you, my language skills are not as good as i thought. Yes moved 2 years ago next month

[sezibon1]

Re: Warrant of control

I phoned the court today and they said they have no details for the claim, just that i owe it????
thank you for the link, that is who i searched with along with credit expert. neither have any record of any ccjs issued, ever. my credit report is clean. I am at a loss. I will ring both Carter and court on Monday morning to find out what this missing ccj is? could they have got the warrant without a ccj?

[sezibon1]

Re: Warrant of control

hi there is no email address only some thing on their website you have to register anyone know how i should contact them? dont want to register on their page

[Amethyst]

Re: Warrant of control

I phoned the court today and they said they have no details for the claim, just that i owe it????
thank you for the link, that is who i searched with along with credit expert. neither have any record of any ccjs issued, ever. my credit report is clean. I am at a loss. I will ring both Carter and court on Monday morning to find out what this missing ccj is? could they have got the warrant without a ccj?

No they will have to have had the CCJ.

Presumably you checked on your previous address as well as your current address? But that would only say Lowell and the amount.

You need to ask BC for the details of the claim - their email address is info@bryancartersolicitors.co.uk - but it would be much simpler to telephone them.