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incorrect county court judgment

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  • incorrect county court judgment

    in 2016 Lowell solicitors contacted me saying I owed £3400 for a orange phone bill and that they had already obtained a ccj against me, i asked for the details of this debt as I didn't know anything about it nor have I had a orange phone, they said the phone contract was taken out in 2009 and was paid up to 2012 and then in 2015 there was regular payments of £10 made on the account , I told Lowell I have never made any payments on the account which they confirmed that they wasn't from me ,I asked them for proof of the original debt which they said they don't have as they took over the debt from a company called Bryan carter and this is irrelevant has they already have a judgment, at the time the contract was taken out the property was a rental property that I own and at the time the judgment was issued by Lowell the property was derelict from a fire the tenants had caused , I have the original tenancy agreement and a copy off my credit file that shows my electrol register history and I can prove the house was inhabitable at the time the judgment was issued and proof that I did not that live at the address at this time .Lowell's have now applied for a charging order on this house ,can I set this aside and set a side the original judgment, Lowell say that none of my evidence is sufficient and that because its a phone contract they didn't need my signature as putting a sim card into a electronic devise is the contract is this true ?
    Tags: None

  • #2
    Brain carter were solicitors who act for companies but never own alleged debts

    Set Aside Application

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    • #3
      looks like they used the address and that is why you knew nothing about this???

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      • #4
        yes this is right they sent all the court payments and letters to the rental address ,they obtained a judgment in may 2015 and the first I knew about it was oct 2016, the strangest thing is on the dates they obtained the judgment the property was empty with steel shutters on as the previous tenants had destroyed the property with a fire.i told Lowell all this but they didn't want to know they said they have already obtained a judgment so its irrelevant.is it worth seting asisde the charging order with this defence?and also can I set aside the judgment at the same time as I never was given chance to defend the claim?regards

        Comment


        • #5
          await others requested to look in here for you

          Comment

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