Set Aside Telephone Hearing

[matmidgley]

I originally posted this in the Lowell forum but its not seeing much action over there.

I sent off a N244 form last week to try and set aside a CCJ issued by Lowell Portfolio 1

31 Aug 2008 I moved from an address in south west somerset to the north east in cleveland

5 Aug 2010 A CCJ was issued to my old address in somerset without me knowing

31 Aug 2011 I received a letter from Lowell Portfolio at my new address, saying " We are Lowell Portfolio 1 ltd, your outstanding account with Barclaycard was sold to us on the 30/04/2008 and we will now be recovering what you owe"
in this letter they do not mention that they had tried to contact me previously or that they had had a CCJ issued against me, (at this date I did not know they had).
I immediately replied with the letter template saying that it was statute barred.

23 Sep 2011 I received the reply saying "your account is now closed" and the letter states that they have reviewed the overdue account and discovered that it was statute barred.

so I didnt think any more of it and thought it was finished.

I got my credit report at the beginning of feb 2013 and decided to ring northampton bulk centre as there was a CCJ, In this phonecall I found out the CCJ was issued by Lowell Portfolio1 on the 5th Aug 2010.

Now I did not give Lowell my new address as I did not know they were chasing me for money, I did not receive any letters from them at the old address prior to moving. I also never gave my new address to them for the same reason yet somehow they had it. (Barclaycard did not have the address I had moved about 7 times since the address barclaycard was issued at including being homeless for a period of that)
I Had changed my bank address etc in 05/2009 to my new address, and had been on the electoral roll here since 28/10/2009 so the credit report would of shown this a year before Lowell issued the CCJ at a old address. Im assuming they got the old address from the credit report at that time so they would of seen both.

I have sent in the N244 on the grounds that I was not living at that address for 2 years before the CCJ was issued and had not given Lowell the address as I did not know they were chasing me. I attached evidence that I was not living there and also copies of the letters from lowell in 2011.

I believe that the debt was statute barred before they issued the CCJ, and when I received the letter in 09/2011 they said the debt was statute barred and account was closed. Surely if it was genuine they would not of agreed and told me a CCJ had been issued and I had to pay the balance?

Received a letter from the court this morning 21/02/2013, says the hearing will take place at the court, but then under that it says the hearing of this case will take place by way of telephone.
Any advice from here?
It says I must give the claimants legal representative my telephone number, not sure who this is the DCA is Lowell Portfolio 1,
Also says I must serve all documents to be relied upon at the hearing by fax or email, I sent in my evidence with my N244 im guessing this is what it is asking for?

I have written up some more evidence as I have noticed some more details,
such as the letter from Lowell in Aug 2011 the first line is "Introducing Lowell" making it try as seem to me that it was the first time they contacted me, and the reference number that they had for the CCJ is different than the reference number they had on the letter in 2011, how ever both the CCJ and the 2011 letter both have the same credit card number as a secondary reference number.
The amount they are asking for on the CCJ is £991 but the amount they have requested on the 2011 letter is £812.
Its like they are trying to hide the fact they all ready issued a CCJ against me

[FlamingParrot]

Re: Set Aside Telephone Hearing

I would suggest PMing PT2537 with a link to this thread, he is a lawyer specialising in consumer litigation and your best bet.

[matmidgley]

Re: Set Aside Telephone Hearing

Thanks for the reply, Have sent him a PM

[pt2537]

Re: Set Aside Telephone Hearing

I originally posted this in the Lowell forum but its not seeing much action over there.

I sent off a N244 form last week to try and set aside a CCJ issued by Lowell Portfolio 1

31 Aug 2008 I moved from an address in south west somerset to the north east in cleveland

5 Aug 2010 A CCJ was issued to my old address in somerset without me knowing

31 Aug 2011 I received a letter from Lowell Portfolio at my new address, saying " We are Lowell Portfolio 1 ltd, your outstanding account with Barclaycard was sold to us on the 30/04/2008 and we will now be recovering what you owe"
in this letter they do not mention that they had tried to contact me previously or that they had had a CCJ issued against me, (at this date I did not know they had).
I immediately replied with the letter template saying that it was statute barred.

23 Sep 2011 I received the reply saying "your account is now closed" and the letter states that they have reviewed the overdue account and discovered that it was statute barred.

so I didnt think any more of it and thought it was finished.

I got my credit report at the beginning of feb 2013 and decided to ring northampton bulk centre as there was a CCJ, In this phonecall I found out the CCJ was issued by Lowell Portfolio1 on the 5th Aug 2010.

Now I did not give Lowell my new address as I did not know they were chasing me for money, I did not receive any letters from them at the old address prior to moving. I also never gave my new address to them for the same reason yet somehow they had it. (Barclaycard did not have the address I had moved about 7 times since the address barclaycard was issued at including being homeless for a period of that)
I Had changed my bank address etc in 05/2009 to my new address, and had been on the electoral roll here since 28/10/2009 so the credit report would of shown this a year before Lowell issued the CCJ at a old address. Im assuming they got the old address from the credit report at that time so they would of seen both.

I have sent in the N244 on the grounds that I was not living at that address for 2 years before the CCJ was issued and had not given Lowell the address as I did not know they were chasing me. I attached evidence that I was not living there and also copies of the letters from lowell in 2011.

I believe that the debt was statute barred before they issued the CCJ, and when I received the letter in 09/2011 they said the debt was statute barred and account was closed. Surely if it was genuine they would not of agreed and told me a CCJ had been issued and I had to pay the balance?

Received a letter from the court this morning 21/02/2013, says the hearing will take place at the court, but then under that it says the hearing of this case will take place by way of telephone.
Any advice from here?
It says I must give the claimants legal representative my telephone number, not sure who this is the DCA is Lowell Portfolio 1,
Also says I must serve all documents to be relied upon at the hearing by fax or email, I sent in my evidence with my N244 im guessing this is what it is asking for?

I have written up some more evidence as I have noticed some more details,
such as the letter from Lowell in Aug 2011 the first line is "Introducing Lowell" making it try as seem to me that it was the first time they contacted me, and the reference number that they had for the CCJ is different than the reference number they had on the letter in 2011, how ever both the CCJ and the 2011 letter both have the same credit card number as a secondary reference number.
The amount they are asking for on the CCJ is £991 but the amount they have requested on the 2011 letter is £812.
Its like they are trying to hide the fact they all ready issued a CCJ against me

Are they accepting that the the debt was statute barred before they issued the claim?

If yes, then it seems to me the application will succeed and therefore it would be ideal to speak to lowells and see if they will consent to setting aside to avoid costs and court time being wasted

If htey are not accepting the debt is barred, then you have a fight on your hands.

You will need to notify the Claimant of the number if they are the party ordered to arrange the hearing by telephone

IF they have solicitors then you tell them if not then you tell the Claimant.

The point on evidence, may be something that you could use to file a witness statement exhibiting any further documents that you need to rely on

[matmidgley]

Re: Set Aside Telephone Hearing

Thanks for the reply,

I have not had any contact with them since they sent me the letter in 2011 saying it was SB and closed, so I dont know if they admit it was SB before they issued a CCJ.

Im guessing they want to fight it, I asked for a hearing and the letter back was a telephone hearing. Unless the judge can decide to change it?

I dont have any details for the claimant other than Its Lowell Portfolio 1, So im not sure who there solicitors will be or if they will try contact me before the hearing?

[pt2537]

Re: Set Aside Telephone Hearing

Perhaps a call to the opponents would be an idea then?

There is a taboo about calling them, but you have the perfect situation here, you ring them note the details of who you speak to, ask them if they are accepting that the debt is statute barred and where necessary refer them to the letter from them confirming stat barred

In the circumstances, if they accept its barred would they consent to setting aside the judgment

If they refuse, but accept that its statute barred then you can then submit a witness statement per the Courts order referring to the call etc

[matmidgley]

Re: Set Aside Telephone Hearing

ok il give this a try and see how I get on

[matmidgley]

Re: Set Aside Telephone Hearing

ok an update, i phoned the court and got the details of the solictors. it was Brian Carter that was dealing with the case.
I phoned there office but the solicitor dealing with it was not available, but I spoke with someone else.
They still claimed that they did not have my new address, when i referred to the letters in 2011 he said he knew nothing about them as they were sent from Lowell but had a note from Lowell in OCT 2011 to cease chasing the debt on the account.
he asked if the basis for the set aside was that the debt was statute barred and the address was incorrect, which i confirmed and I also added the amount was also different in the letters from the CCJ and the amount they were requesting also two different reference numbers had been used to chase the same credit card number.
I made sure he had my land line number, my mobile number and the correct address (to cover my own back)
He said the solicitor will contact me on monday
I will see what they have to say

[CleverClogs]

Re: Set Aside Telephone Hearing

it was Brian Carter that was dealing with the case.

Quelle surprise!

[matmidgley]

Re: Set Aside Telephone Hearing

Just a question, who's responsibilty is it to enforce the CCJ as to collect the money? The claimant or the Claimants solicitor?
Trying to understand why after a CCJ was issued for for £991 they ignore that figure and then ask for £812 at a later date?

[matmidgley]

Re: Set Aside Telephone Hearing

Have not heard anything from Bryan Carter so far today, should I send a email asking if they are going to concent to setting aside the judgement?
or is this a big no no?

[matmidgley]

Can I threatogram Him?

dont know if I can but can I send him a letter like this? or is it wise not to

(REMOVED)
10 (REMOVED)
B(REMOVED)
C(REMOVED)
T(REMOVED)P
0(REMOVED)3
0(REMOVED)3
Your Ref: L(REMOVED)5
County Court Claim no.(REMOVED)
Date: 26/02/2013


To whom is dealing with the case,


Dear Sir/Madam,
I am writing to you in regards to the above case,


I have been instructed by the courts to provide you with my telephone number for the court hearing for the claim listed above, I can advise you this number is 0(REMOVED)3.
All correspondence by your self should be sent to the address listed above.


I would like to also take this chance to ask if you are going to consent with the application to set aside the judgement on the above case in order to reduce costs for both parties.


I would also like to note that if you do not consent with the judgement I will be claiming further costs against you, for the application fee's and time spent defending the judgement that should not of been awarded.
These include but are not limited to:

Example of costs:


N244 application cost £80
Stationary £8
Time spent researching relevant law and advice £144
Times spent contacting Courts and claimants by letters and calls £36
Time spent attending telephone hearing £18
Total £286



Failure to reply to this letter I will assume that you will not be consenting to the application to set aside, as of which all further correspondence shall be dealt with by the court.


Yours


(REMOVED)

[matmidgley]

Re: Set Aside Telephone Hearing

well, the telephone hearing was suppose to happen this morning at 10:55
I have been sat by the phone all morning, by 11:05 still no call.
I called the court and the lady on the phone went and spoke to the judge to see if he had received a call, and he had not.
He was in with another judge so the lady has to go back when he alone and ask him what he plans to do.
Will this go for my case? as it seems BC hasnt even bothered to set the conference call up.

[matmidgley]

Re: Set Aside Telephone Hearing

had another call from the court it has been adjourned for a new date...
annoying if you dont turn up for a CCJ hearing you get one by default, but if they dont turn up for a set aside hearing they get another chance

[PlanB]

Re: Set Aside Telephone Hearing

had another call from the court it has been adjourned for a new date...
annoying if you dont turn up for a CCJ hearing you get one by default, but if they dont turn up for a set aside hearing they get another chance

Did the court give you any reason for the adjournment? It better be a good one out:

Keep a note of the time and effort you've put into this set-aside application because you may be able to claim your costs from the opponent if you're successful. Even though you are a Litigant In Person you can still charge about £18 per hour. Since this is Lowells I would encourage you to screw them for every penny and more