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Ccj and bailiffs - lowell solicitors

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  • Ccj and bailiffs - lowell solicitors

    I have just recieved a letter from my local county court saying bailiffs have been instructed by lowell to take goods from my home.
    Lowell are wanting £2400 for a debt I owe..
    The debt was originally from a loan provider who failed to call and collect payments as agreed despite numerous phone calls to the company from myself.
    Lowell have no taken me to court without even notifying me causing me to get a ccj.. The only correspondence I've had from the courts and lowell is the warrant letter from the courts instructing the bailiffs.. The original debt was for around £1600.. I don't understand why lowell are asking for the £2400.. If there is anyone here able to give me some advice on what to do regarding this situation, it would be much appreciated!! I haven't even had a chance to defend myself previous to the ccj

    Thanks in advance.
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  • #2
    Re: Ccj and bailiffs - lowell solicitors

    Normally if all the Court docs have gone to a previous address then you do have cause to apply for Set Aside but you do need a defence as to why you don't owe the monies. As you are admitting the debt then any application will fail - unless you can offer to pay it in full.

    To have the County Court Bailiff involved then this proves that a CCJ has been granted against you. That does not mean to say they will necessarily visit. You can file an application to Suspend the Warrant and to also offer a payment proposal using Form N245 - fee £50 unless on low wage or certain Benefits - see Forms EX160a & EX160c for details. It is in your own interest to treat this as being urgent before it escalates any further.

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    • #3
      Re: Ccj and bailiffs - lowell solicitors

      Originally posted by ploddertom View Post
      Normally if all the Court docs have gone to a previous address then you do have cause to apply for Set Aside but you do need a defence as to why you don't owe the monies. As you are admitting the debt then any application will fail - unless you can offer to pay it in full. To have the County Court Bailiff involved then this proves that a CCJ has been granted against you. That does not mean to say they will necessarily visit. You can file an application to Suspend the Warrant and to also offer a payment proposal using Form N245 - fee £50 unless on low wage or certain Benefits - see Forms EX160a & EX160c for details. It is in your own interest to treat this as being urgent before it escalates any further.
      Wise advice! Just shows the value of this LB forum.

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      • #4
        Re: Ccj and bailiffs - lowell solicitors

        Originally posted by Amorie View Post
        Lowell are wanting £2400 for a debt I owe..
        The debt was originally from a loan provider who failed to call and collect payments as agreed despite numerous phone calls to the company from myself.

        Lowell have no taken me to court without even notifying me causing me to get a ccj.. The only correspondence I've had from the courts and lowell is the warrant letter from the courts instructing the bailiffs.. The original debt was for around £1600.. I don't understand why lowell are asking for the £2400.. If there is anyone here able to give me some advice on what to do regarding this situation, it would be much appreciated!! I haven't even had a chance to defend myself previous to the ccj
        You may feel you owe it morally (because you borrowed the money) but that is not the same as owing it in law unless the current owner of the debt can prove it.

        If the court claim was served at an address where you were not living or not received by you for some reason then you should consider an Application for a set aside of the CCJ so that you can have the opportunity to defend the claim.

        An Application to set aside would also ask for the Warrant of Control to be suspended pending the outcome of the Application.

        Was this a doorstep loan such as Provident? There could be numerous reasons to defend the claim if only you were to be given the chance.

        Post up a little more detail such as when the loan was taken out and when and whether it was substituted by another one etc.

        Here's some information on these types of loans from @Debt Camel 's website >

        https://debtcamel.co.uk/refund-doorstep-loans/

        Di

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