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

[Amethyst]

It's usually dealt with on papers xxx If the Judge feels like it needs a hearing ( if there are queries over his income and expenditure for example ) then you can go with him for support ( and court isn't as bad as it seems, it's pretty much an office room and you just answer a couple questions and that's it ) but most redeterminations are just dealt with on paper.

[ploddertom]

Is the letter about Bailiffs headed Notice of Enforcement? If so there should be a date on that by which he should make contact otherwise a visit may follow.

[tabitha62]

Hi may i ask some questions i need to be clear with.

1. Do Lowells have to send out a claims pack first before they apply to the courts for a issue of warrant of control?
as there wasnt one sent to to him they seemed to have just gone in with the warrant control thing. im confused as surely he would have been given the chance to defend the claim.
Hes had no court papers sent to him at all , is this illegal? im trying to sort out what to do here, and to see if he can dispute the warrant on the grounds that he had no claim pack sent to him .

Thanks

[tabitha62]

Is the letter about Bailiffs headed Notice of Enforcement? If so there should be a date on that by which he should make contact otherwise a visit may follow.

Hi thanks for reply
The letter he received other day says at the top says Notice of issue of warrant of control, but im confused as he didn't receive any claim pack to defend the ccj at all so , how can lowells send in bailiffs when there has been no claim ? it dont seem fair that he wasnt given the chance to defend or arrange installments ,

Thanks

[ploddertom]

Has he checked to see if he has a CCJ against him? This can be done via the likes of Noddle - free, or from Trust Online - small fee applies. It is v important we know what actual stage he is at. When was the last time he moved?

[tabitha62]

Has he checked to see if he has a CCJ against him? This can be done via the likes of Noddle - free, or from Trust Online - small fee applies. It is v important we know what actual stage he is at. When was the last time he moved?

he moved here 5 years ago. he does have a ccj and it looks like lowell have done this ,the date of ccj is january 2016 the debt was with littlewoods. but hes never received any county court claim from this debt at all, so can lowells still issue ccj and then this issue of warrant.

Tbh i feel they are taking libs

[tabitha62]

he moved here 5 years ago. he does have a ccj and it looks like lowell have done this ,the date of ccj is january 2016 the debt was with littlewoods. but hes never received any county court claim from this debt at all, so can lowells still issue ccj and then this issue of warrant.

Tbh i feel they are taking libs

the debt was from this current address not his old address.

[ploddertom]

Something somewhere has gone wrong and it can be difficult to find out what. I would hazard a guess that the CCJ will have been as a result of them gaining Judgment by Default - in other words they got it automatically as it was never defended, He is going to have to contact the Court at Northampton to see if he can find out further details and in particular where the documents were sent.

There is a chance that not having received the documentation that the CCJ could be Set Aside. The downside is that the fee is £255 unless on certain benefits or a low wage when fee remission may apply. The other downside is that he is going to have to have a defence to the initial CCJ - is it possible he can afford to pay what was owing in full. Otherwise he will just be swapping 1 CCJ for another.

If it means he has to accept it then he would be better off making an application for a Variation Order where an affordable payment plan can be put in place and also Suspend the Warrant of Control that is being applied for. Fee for this is approx £50 and it is still possible to apply for Fee remission.

[ploddertom]

Looking at the dates you have given suggests he had only been resident for 3 years before this CCJ was awarded and imagine the account he had was from well before this. This why I would think they have issued this to an old address - a very common ploy.

[Amethyst]

for Ploddertom

i checked his file and he does have a ccj and it has the same case number as on the issue of warrant form.

Tabitha -

Hi may i ask some questions i need to be clear with.

1. Do Lowells have to send out a claims pack first before they apply to the courts for a issue of warrant of control?

as there wasnt one sent to to him they seemed to have just gone in with the warrant control thing. im confused as surely he would have been given the chance to defend the claim.

Hes had no court papers sent to him at all , is this illegal? im trying to sort out what to do here, and to see if he can dispute the warrant on the grounds that he had no claim pack sent to him .

Thanks

Yes they should have sent out the claim form, what happens is they file the claim through the northampton business centre and they send the claim out to you. You need to obtain a copy of the claim from the court and find out where it was sent to - tell the court he didn't receive a claim form and wants to apply to suspend the warrant and set aside the judgment - that should get them to send you the information. ( As before he'll have to phone or give you permission to speak to them ).

Goodness knows who you spoke to at the court before but I'd guess they mean they don't always send out the acknowledgment/defence forms with a claim form - they have to send out the claim form, so there has to be one for them to have got the default judgment.

Then you have the option of applying to set aside the judgment to give you opportunity to defend the case ( if there is a reasonable prospect of succeeding with a defence ) (thats the N244 form and £255 court fee) or applying to suspend the warrant and pay by instalments ( the N245 form we talked about). You have to move quite quickly though before this warrant is used and you end up with a visit from the enforcement agent ( bailiffs ) as costs will rapidly increase.

[tabitha62]

Looking at the dates you have given suggests he had only been resident for 3 years before this CCJ was awarded and imagine the account he had was from well before this. This why I would think they have issued this to an old address - a very common ploy.

The ccj was placed on 19th january 2018 . On the credit file is states opened account 27/06/2016 with shop direct. then updated on 7/2/2018 and i could see that lowell had done this. so the debt isnt statue barred so i cant get out of this debt.
im confused as cant afford to pay 50 quid for the N244 and i dont think they lower the amount as on tax creds and on a low wage of 180 per week.
i really dont know what road to go down to be honest.
im worried as dont want baliff to take our car , , but hes signed it over to me just recently as we share it anyway , so where do i stand with this hes written out a receipt to me as the car is now mine. Can they still take it ? i have the new keeper in my name just waitng for a new log book , as cant risk losing the car .
This is so much stress to deal with for both of us. . is it worth getting the copies of the court claims though as you said if he defends it without success then its more problems .As there are really no solid grounds as its not statued barred , so what other defence could you suggest.??

sorry to go on but im loseing sleep as im terrified of baliffs and worried of losing the car .

[ploddertom]

The ccj was placed on 19th january 2018 . On the credit file is states opened account 27/06/2016 with shop direct. then updated on 7/2/2018 and i could see that lowell had done this. so the debt isnt statue barred so i cant get out of this debt. ,the date of ccj is january 2016 the - from Post 21
im confused as cant afford to pay 50 quid for the N244 and i dont think they lower the amount as on tax creds and on a low wage of 180 per week.
i really dont know what road to go down to be honest. Until you fill the Form in you won't know
im worried as dont want baliff to take our car , , but hes signed it over to me just recently as we share it anyway , so where do i stand with this hes written out a receipt to me as the car is now mine. Can they still take it ? i have the new keeper in my name just waitng for a new log book , as cant risk losing the car .If the forms have been filled in after the Bailiff has been instructed then unfortunately too late You will need on top of the V5 a record that says Insurance was changed on the date of transfer along with record of new Tax disc as neither of these can be transferred.
This is so much stress to deal with for both of us. . is it worth getting the copies of the court claims though as you said if he defends it without success then its more problems .As there are really no solid grounds as its not statued barred , so what other defence could you suggest.??

sorry to go on but im loseing sleep as im terrified of baliffs and worried of losing the car .

You need to stop stressinf so much - easy for me to say I know but at present your best bet is Form N245 for a Variation as you can also stop the Bailiff with this as well.

As for the fees have you actually looked at Form EX160 https://www.gov.uk/government/public...-tribunal-fees , Look at all 3 parts.

[Amethyst]

As per Ploddertom - get the n245 ( and ex160) filled in with an offer and this will suspend the warrant - or get on the phone and make an urgent appt with CAB for help dealing with this - if you ignore it you will end up with the bailiffs round so doing nothing is not an option.

[tabitha62]

You need to stop stressinf so much - easy for me to say I know but at present your best bet is Form N245 for a Variation as you can also stop the Bailiff with this as well.

As for the fees have you actually looked at Form EX160 https://www.gov.uk/government/public...-tribunal-fees , Look at all 3 parts.

The car is already taxed iin my name and im on the insurance so that shouldn't be a problem. ok so about these forms, can they be emailed over to the court? pdf and do you have to make any payments initially?

[tabitha62]

As per Ploddertom - get the n245 ( and ex160) filled in with an offer and this will suspend the warrant - or get on the phone and make an urgent appt with CAB for help dealing with this - if you ignore it you will end up with the bailiffs round so doing nothing is not an option.

im going to fill out the forms N245 and ex160. so do i send these into the court together? also it says what is the offer of payment , what do i do with that seeing as im trying to get the fees waivered and can i email the forms over to the court, we dont have a check book , do we have to make a payment with the forms same time as sending or im confused again sorry.This is all new to me cant believe they make it so complicated.