Ccj from Lowell. Help!

[Delight37]

OK so I had a contract with Orange mobile back in 2013. I missed a couple of payments that year and so Orange barred outgoing calls till I pay missed payments. Because I didn't they then also barred incoming calls internet etc. So I left if as I couldn't afford to pay it. My contract was £60 a month with unlimited calls etc so I never went over my monthly charge. Anyway 2 years later I get a letter from Lowell solicitors and my debt is now with Lowell portfolio saying I owe them £2600. I know for certain I never owed Orange that. Way too high. I ignored it until I received another letter saying I have a CCJ set against me and I need to start paying them £50 a month. I was very nieve so when I saw the letters CCJ I got scared and started paying but I fell into arrears of £300 with them due to financial difficulties. Never heard from them, then I received a letter saying Im in arrears to contact them to arrange a suitable arrangement but at the time I was trying to sort out my mortgage which to me is far more important. After that I received a notice of bailiff visit saying they called by and they'll come again to collect goods if I don't pay the warranty fee of £179. At this point I started researching online and found that in order to get a CCJ I should've received a court claim form from county court and looking back I never received nothing. I've just checked the register of judgements and I have a ccj on there but doesn't tell u from which company. Just the court claim number, amount and date of default. What should I do now? I probably do Orange something so I'm will to negotiate with Lowell on a f&f settlement and only pay them 30% of the debt. If I do how can I put it in writing? Also do I actually have a CCJ, could all this be fake of a way of lowell scaring me and getting me to pay? Please someone help as I don't want bailiffs knocking on my door. I have 2 kids and 5 month pregnant wife and this is stressing her out. Sorry for the long post. Thanks

[nemesis45]

Re: Ccj from Lowell. Help!

OK so I had a contract with Orange mobile back in 2013. I missed a couple of payments that year and so Orange barred outgoing calls till I pay missed payments. Because I didn't they then also barred incoming calls internet etc. So I left if as I couldn't afford to pay it. My contract was £60 a month with unlimited calls etc so I never went over my monthly charge. Anyway 2 years later I get a letter from Lowell solicitors and my debt is now with Lowell portfolio saying I owe them £2600. I know for certain I never owed Orange that. Way too high. I ignored it until I received another letter saying I have a CCJ set against me and I need to start paying them £50 a month. I was very nieve so when I saw the letters CCJ I got scared and started paying but I fell into arrears of £300 with them due to financial difficulties. Never heard from them, then I received a letter saying Im in arrears to contact them to arrange a suitable arrangement but at the time I was trying to sort out my mortgage which to me is far more important. After that I received a notice of bailiff visit saying they called by and they'll come again to collect goods if I don't pay the warranty fee of £179. At this point I started researching online and found that in order to get a CCJ I should've received a court claim form from county court and looking back I never received nothing. I've just checked the register of judgements and I have a ccj on there but doesn't tell u from which company. Just the court claim number, amount and date of default. What should I do now? I probably do Orange something so I'm will to negotiate with Lowell on a f&f settlement and only pay them 30% of the debt. If I do how can I put it in writing? Also do I actually have a CCJ, could all this be fake of a way of lowell scaring me and getting me to pay? Please someone help as I don't want bailiffs knocking on my door. I have 2 kids and 5 month pregnant wife and this is stressing her out. Sorry for the long post. Thanks

Hi,

Have you checked that a CCJ is actually in place? Have you has a Notice from the court telling you about the judgement and how much to pay?
Or is all this coming from Lowell " solicitors?


If not check the Registry Trust (Trust Online) search on your address as it was when this alleged judgement was made.

nem

[Delight37]

Re: Ccj from Lowell. Help!

Hi,

Have you checked that a CCJ is actually in place? Have you has a Notice from the court telling you about the judgement and how much to pay?
Or is all this coming from Lowell " solicitors?


If not check the Registry Trust (Trust Online) search on your address as it was when this alleged judgement was made.

nem

Hi thanks for your reply. I had no notice from court telling me how much to pay. This all came from Lowell. I checked on the registry and it's on there but doesn't state the name of company. Not sure if it should or not. I received recently one letter Notice of Issue of warrant of control. On the right hand side it writes "in the county court business centre". The next letter I got was a notice of visit by the bailiff. Right hand side "in the county court bromley" (which is my local court) telling me to pay the warrant before they visit again. Hope this makes sense? [MENTION=55034]nemesis45[/MENTION]

[Delight37]

Re: Ccj from Lowell. Help!

can someone please advise?

[warwick65]

Re: Ccj from Lowell. Help!

Hi
I think you could apply for a set aside but at the same time get the warrant suspended. [MENTION=6]Amethyst[/MENTION] [MENTION=26498]ploddertom[/MENTION]
Any ideas please

- - - Updated - - -

As there is a ccj I doubt a 30%offer would be accepted but if you hot it set aside then maybe. You should ask Lowell if they agree to a set aside.

[nemesis45]

Re: Ccj from Lowell. Help!

Hi thanks for your reply. I had no notice from court telling me how much to pay. This all came from Lowell. I checked on the registry and it's on there but doesn't state the name of company. Not sure if it should or not. I received recently one letter Notice of Issue of warrant of control. On the right hand side it writes "in the county court business centre". The next letter I got was a notice of visit by the bailiff. Right hand side "in the county court bromley" (which is my local court) telling me to pay the warrant before they visit again. Hope this makes sense? @nemesis45

Hi, Contact Lowell Solicitors ( don't admit any liability) and ask them to withhold the warrant and agree to a set aside of the judgement on the grounds the claim was never served upon you.

Over the period this covers have you move home? Lowell I suspect will have sent the claim form to your " last known " address " if you have moved.

nem

[Delight37]

Re: Ccj from Lowell. Help!

Hi, Contact Lowell Solicitors ( don't admit any liability) and ask them to withhold the warrant and agree to a set aside of the judgement on the grounds the claim was never served upon you.

Over the period this covers have you move home? Lowell I suspect will have sent the claim form to your " last known " address " if you have moved.

nem

No I haven't moved. I'll contact Lowell like you said. What is a set a side? I want to contact them in writing so I have it on record. Is there a template letter or could you tell me roughly what to write? [MENTION=8031]meme[/MENTION]sis45

- - - Updated - - -

Hi
I think you could apply for a set aside but at the same time get the warrant suspended. [MENTION=6]Amethyst[/MENTION] [MENTION=26498]ploddertom[/MENTION]
Any ideas please

- - - Updated - - -

As there is a ccj I doubt a 30%offer would be accepted but if you hot it set aside then maybe. You should ask Lowell if they agree to a set aside.

How would I suspend the warrant and on what grounds?

[warwick65]

Re: Ccj from Lowell. Help!

That's why I tagged [MENTION=6]Amethyst[/MENTION] and [MENTION=26498]ploddertom[/MENTION].

A set aside is to get the ccj set aside but as you knew about a while ago it might be impossible
[MENTION=87380]Diana M[/MENTION]

[Amethyst]

Re: Ccj from Lowell. Help!

Forget that, I need to read properly. Okay

. I was very nieve so when I saw the letters CCJ I got scared and started paying but I fell into arrears of £300 with them due to financial difficulties

YIp as you knew about the CCJ and started making payments, which you have fallen behind with, then you can't do a set aside request.

So you're looking at a N245 to suspend the warrant and arrange new installments ( known as vary the order). http://formfinder.hmctsformfinder.ju...k/n245-eng.pdf ( costs £50 )

I would also send a SAR Subject Access Request Letter to Orange to find out how this amount arose. If you were in an 18 month contract then it could really only have been £1080 less all the previous months you had been paying. Maybe there was a separate credit agreement for a handset ?

[Delight37]

Re: Ccj from Lowell. Help!

Forget that, I need to read properly. Okay YIp as you knew about the CCJ and started making payments, which you have fallen behind with, then you can't do a set aside request.

So you're looking at a N245 to suspend the warrant and arrange new installments ( known as vary the order). http://formfinder.hmctsformfinder.ju...k/n245-eng.pdf ( costs £50 )

I would also send a SAR Subject Access Request Letter to Orange to find out how this amount arose. If you were in an 18 month contract then it could really only have been £1080 less all the previous months you had been paying. Maybe there was a separate credit agreement for a handset ?

[MENTION=6]Amethyst[/MENTION] great I'll start with the N245 form. Also regarding writing to Orange I don't think they are involved now as on the letters from Lowell solicitors and the bailiffs it says the creditor is Lowell portfolio 1 Ltd.

So sorry to sound stupid but do I just fill out and send that form and wait for a response or do I also write to Lowell asking how they have worked out the amount?

Is asking to suspend the warrant using that form usually a success in getting accepted?

[Amethyst]

Re: Ccj from Lowell. Help!

Yes, once you've completed it send a copy to Lowell as well with a cover note asking asking them to suspend the warrant and look at your application to vary payments based on your circumstances, and inform them you have submitted the application to the court with the relevant fee. You can fill in the form on that PDF then print it out - or print it out and fill it in by hand, or you can get a copy from your local court.

As you're stuck with a CCJ then there's not much point I guess with the SAR, though it would just bug me how it got to such a large amount... but it might just serve to torture you as there's not really anything you can do about it now.

[Delight37]

Re: Ccj from Lowell. Help!

Yes, once you've completed it send a copy to Lowell as well with a cover note asking asking them to suspend the warrant and look at your application to vary payments based on your circumstances, and inform them you have submitted the application to the court with the relevant fee. You can fill in the form on that PDF then print it out - or print it out and fill it in by hand, or you can get a copy from your local court.

As you're stuck with a CCJ then there's not much point I guess with the SAR, though it would just bug me how it got to such a large amount... but it might just serve to torture you as there's not really anything you can do about it now.

[MENTION=6]Amethyst[/MENTION] is there still a chance once the warrant is suspended that I can ask Lowell if I can make an offer to settle and close the debt? I'm sure they probably bought the debt off orange for pennies and would rather get money in one go rather then monthly payments or am I just being nieve again? Also what about me not receiving no letters from the court only from Lowell? Isn't there something wrong there?