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CCJ - Lowells

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Post by Solosmurf on Fri Aug 17, 2018 12:11 pm

While I was otherwise involved sorting out a problem for others Lowell has managed to obtain a CCJ against me for an old debt I thought I'd dealt with.

The debt, which I've denied, is with Orange and arose as follows. I had two phones and an iPad which had come to the end of the contract, I went into the shop ((EE as it now is) and they couldn't provide the new contract I required so using their phone I cancelled all three devices and went elsewhere. For some reason, the twonk I spoke to only cancelled two of the three, being for the iPad which was now Sim free. The battle commenced.

Orange was sent multiple, signed for letters which they ignored. They sold the debt obviously and I dealt with two collectors, both dropped the account and the last one I asked to inform Orange that I would be returning the favour by ignoring all future mail from them. I sent them a letter saying exactly that as well.

Lowells arrived and I'm not going to deny I saw the envelopes but they were binned. This morning I've received the CCJ. I intend to contact the court in an attempt to get this set aside. Is this something I can do or do I just have to pay up? I have until 21st before they get the bailiffs in. On that note, I have signed everything over to my son, who is now 18, informally, only a witnessed letter on his 16th birthday. Will this hold any weight?


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Post by waylander62 on Sat Aug 18, 2018 9:05 am

you can apply to have this set aside, but you will have to make an official application to the court to have it set aside which costs £255 ( i think, unless you are on a low income or benefits ) and you will have to give good reason why this should be set aside.

if the court believes you have good reason to set this aside then they will take the claim back to the beginning and you will then be permitted to submit a defence.

regardless of whether the debt is owed or not NEVER ignore letters or court papers, the civil system will allow any company taking you to court to get a CCJ if you do not respond, regardless of whether the debt is owed or not!

a SAR to orange/EE should reveal that this is not owed.

bailiffs at this stage ?? are you sure this is not just a threat ?

act now or things will get worse.

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Post by daveiron on Sat Aug 18, 2018 10:49 am

As above,
Also depending upon their contents those signed for letters could prove to be an important aspect in this matter.

Re having signed over every thing to your son some time ago, I can state that it worked for me many years ago.
The only possible problem may be his age when you did this. ( you may need to check it out)
Also from my very limited knowledge on the subject ,it would appear that what you did was create a trust with him as beneficiary .( again check it out ).
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Post by Solosmurf on Sat Aug 18, 2018 12:39 pm

Thanks for the advice everyone. Lowells is the third or fourth bunch of parasites that have bought this debt. I have never had a response from Orange/EE despite having sent letters to several Directors including Swantee, who is the CEO. I also registered a complaint against them on a Spokesman said, way back when it first started, but that got no reaction from them either.

They actually endangered my mother's life for six weeks by not unlocking the phones at a time when I was her carer and was increasingly being called out at night to let the paramedics in. They should have been aware of this as they had been informed and I was contacting them from their shop in town.

I signed everything over to my son when he was sixteen, he's eighteen now but still a student so he's not working. We don't have much of value anyway but he has a PS4 and TV that his uncle and godfather bought for him and that's probably what they would take first.

There's no actual registered Trust as such, just a signed agreement which was witnessed by some friends. It's titled Revocable Family Trust and the car registration was changed to that last year so they can't touch that. (They wouldn't get much for it it's 16 years old)

My health is not great either so I'm on ESA, which might help getting the court costs down.

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Post by waylander62 on Sat Aug 18, 2018 12:45 pm

if you are on ESA then you should get a fee remission using form ex160, they cant sell it on 4 times ? something wrong there.

i would apply to set aside the judgment and submit all of your evidence, letters phone calls, everything to prove your case. If you believe the amount outstanding was not owed.

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