Lowell are at it again .Please Help issue of warrant letter

[tabitha62]

Hey guys


I haven't been on here for a while , you were very helpful with a past lowell debt so thanks guys.

Im back here again as my ex partner(we are still mates) has received a letter from the local court Notice of issue of warrant of control and we hes so worried and hes not good at sorting out this kinda stuff at all.
So im trying to help him out here.

So heres the story hes received above letter at my address as he lived here for a while and there is a ccj its a debt for Very/littlwoods account which was made online so what happens now is this a letter of a warning that they are sending balllifs round?
There was no court claim papers previously sent either so he can defend it

Please can anyone give some advise as what to do now. he has no money as he only works part time and he dont live here either but the debt is at my address .

Thanks in advance.

[Amethyst]

If he knew nothing of the court claim or judgment he could look into applying to suspend the warrant and set aside the judgment, to give him opportunity to contest the claim, or indeed, settle it without having a CCJ. First step is to give the court a call and ask them for a copy of the original claim and judgment that this warrant of control is for. It will need to be him that calls.

Has he checked his credit file at all to see what that shows about this debt?
The claim may have gone to a previous address of his.

[tabitha62]

Hi thanks for your response. I rang the court this morning she said its for little woods in which he did have an account with couple of years ago .
i told the woman he never received a claims pack to defend this debt and she said that they dont necessarily send these out! , im now confused as i thought they always have to at least send out claim pack before they place a ccj on the account i checked his file and he does have a ccj and it has the same case number as on the issue of warrant form.
He is not in a financial position to pay any money to get this set aside to be honest .

theres an amount total to pay of £179.25 and under that an outstanding balance of £580

should he call Lowell's and try and sort out a payment arrangement?

[Amethyst]

What date was the judgment ?

Yes they would have to send out the claim form .... I guess they might not send the full defence forms etc as it's done through moneyclaim online so defence could be entered that way, but yes they certainly should have sent the claim form out.

Does he care if he has the CCJ on his file for 6 years ? ( he might not if his file is well screwed already )

Not sure I understand this part though -

theres an amount total to pay of £179.25 and under that an outstanding balance of £580

How much is the actual judgment for ? and was it a forthwith judgment or installments ?

[tabitha62]

The date it says on his file says 19/01/2018 for ccj
hes not that bothered about his credit rating but hes worried about bailiffs coming here as i live here and it worries me.The judgment is for £680.

them amounts i said previously are what it says on the issue of warrant form in the box .on the right. what do you mean forthwith judgment?
the account got sold to lowells because of default , he stopped paying them due to money problems.

[tabitha62]

Should he just call Lowells and try and sort out a payment arrangement as im really worried that baliffs will come to my house?

[tabitha62]

The date it says on his file says 19/01/2018 for ccj
hes not that bothered about his credit rating but hes worried about bailiffs coming here as i live here and it worries me.The judgment is for £680.

them amounts i said previously are what it says on the issue of warrant form in the box .on the right. what do you mean forthwith judgment?
the account got sold to lowells because of default , he stopped paying them due to money problems.

what i meant was he stopped paying littlwoods .

[Amethyst]

If the judgment is forthiwith ( to pay all of it within x days etc ) then he can apply to court to redetermine the judgment into pay by instalments and suspend the warrant of execution at the same time.

This is form N245 and costs £50. Complete that form and send to the court and copy to the claimant. https://www.gov.uk/government/public...on-of-an-order

[tabitha62]

If the judgment is forthiwith ( to pay all of it within x days etc ) then he can apply to court to redetermine the judgment into pay by instalments and suspend the warrant of execution at the same time.

This is form N245 and costs £50. Complete that form and send to the court and copy to the claimant. https://www.gov.uk/government/public...on-of-an-order

It says on the letter Total to pay £179.25 (including fees of warrant) then under this outstanding balance £580.65 (after payment of warrant)

[tabitha62]

It says on the letter Total to pay £179.25 (including fees of warrant) then under this outstanding balance £580.65 (after payment of warrant)

as partner is on low wage how can he pay the £50 fee for the N245? what happens with this please?

[tabitha62]

If the judgment is forthiwith ( to pay all of it within x days etc ) then he can apply to court to redetermine the judgment into pay by instalments and suspend the warrant of execution at the same time.

This is form N245 and costs £50. Complete that form and send to the court and copy to the claimant. https://www.gov.uk/government/public...on-of-an-order

should he call lowells instead and negotiate an arrangement perhaps so this way he dont pay £50 for the N245. are they ok with negotiating even though they have issued warrant of control?

[Amethyst]

They can negotiate, really you don't know until your speak to them.... but if you negotiate and arrange instalments but they aren't paid they could go straight to enforcement agents as they already have the warrant. If it is set as instalments through court they would have to go back through court so you'd have more warning.... but if you can get instalments agreed direct with the company without any further enforcement action ( it's not a huge sum so if you could do £50 a month it would be dealt with within a year ) then all the better - get them to confirm in writing anything you agree - that the amount £X paid over X months will be in full and final settlement of the judgment and no further enforcement action will be taken. They're likely to want an income and expenditure statement so worth going going through that.

They will have to speak to you other half though he can give them authority to speak with you

[tabitha62]

They can negotiate, really you don't know until your speak to them.... but if you negotiate and arrange instalments but they aren't paid they could go straight to enforcement agents as they already have the warrant. If it is set as instalments through court they would have to go back through court so you'd have more warning.... but if you can get instalments agreed direct with the company without any further enforcement action ( it's not a huge sum so if you could do £50 a month it would be dealt with within a year ) then all the better - get them to confirm in writing anything you agree - that the amount £X paid over X months will be in full and final settlement of the judgment and no further enforcement action will be taken. They're likely to want an income and expenditure statement so worth going going through that.

They will have to speak to you other half though he can give them authority to speak with you

Ok thanks il give that a try, but i think £50 a month is too much to be honest as hes only part time, and they may not accept lower payments,

[Amethyst]

He'll need to do income and expenditure for the N245 anyway so may as well do it and see what it would come out as being available to pay some of the debts ( as I'm sure there's others lurking ) on a pro rata basis. He can't offer more than is affordable.

Nothing to stop him talking to them and if it's a no go tell them he'll apply to the court for redetermination and to suspend the warrant ( he might even get fee remission - look up EX160 form to see ) and if they know that, and his basic circumstances, they might realise they'd be likely to get awarded less per month than if they made an agreement now.

[tabitha62]

He'll need to do income and expenditure for the N245 anyway so may as well do it and see what it would come out as being available to pay some of the debts ( as I'm sure there's others lurking ) on a pro rata basis. He can't offer more than is affordable.

Nothing to stop him talking to them and if it's a no go tell them he'll apply to the court for redetermination and to suspend the warrant ( he might even get fee remission - look up EX160 form to see ) and if they know that, and his basic circumstances, they might realise they'd be likely to get awarded less per month than if they made an agreement now.

OK will he have to attend court for redertmination? as i dont think hes going to want to do that to be honest he suffers with anxiety.