Orange mobile/Lowell portfolio

Delight36

Hi all, I'm apologizing for the long winded post in advance.
I had a contract with Orange mobile back in 2013 but after missing direct debits all outgoing calls were barred followed by incoming calls and data. My tariff was unlimited calls and texts so had a fixed monthly charge which was either £40 or £60 per month. Heard nothing from Orange until receiving a letter from Lowell solicitors which seemed the debt was bought by Lowell portfolio, asking for payment of just over £2k which was way too high. So stupidly I know I ignored it. Then a year later I receive another letter from Lowell solicitors saying I have a CCJ against me and have to pay £50 per month. Once I saw the letters CCJ I got scared and started paying it but fell into arrears as I was in financial difficulties so had to sort out my priority bills first which was mortgage and council tax. As I've never had a any court debts before, I've only just found out that I should've received a court claim form before a CCJ was issued and then another letter from the court saying I've been issued with a ccj and how much to pay. I received nothing, only the letter from Lowell. After falling in to arrears I've now received a notice of visit by the bailiff asking me to pay the Warrant fee or they will visit again.
I want to clear this debt once and for all but not that full amount as I don't think it's right. I'm willing to offer Lowell a full & final settlement fee of maybe 30% of the debt so case is closed and have no bailiffs at my door. My question is can I offer a f&f settlement offer while bailiffs are involved? Are they willing to accept and cancel enforcement. Any advice appreciated.

fatbelly

A ccj doesn't stop the creditor accepting F&F but does make it less likely. You may be best trying to get the ccj back to a (low) instalment, which would prevent bailiffs as long as you keep to it. Then trying to suggest bringing it to a close with a lump sum final payment

https://www.nationaldebtline.org/EW/factsheets/Pages/stoppingbailiffaction/countycourtbailiffs.aspx

Delight36

So how do I go about stopping the bailiffs? Do the creditor have the power to cancel bailiffs action? Shall I contact the creditor? I thought as they probably bought the debt off of Orange for pennies they'd rather be paid something as they'll probably still be in profit?

National_Debtline

Hi Delight36


Fatbelly has posted a link above to a factsheet that explains the process to stop the bailiff action. You have to complete court N245 (link in the factsheet) and pay a fee of £50. You may get a remission on the fee if you are on a low household income.


In the meantime keep your doors locked and do not let the bailiff in. They can't force entry unless they have been inside your property to make a list of your goods before. If you have a car keep it out of sight until the bailiff action has been stopped.


Susie
@natdebtline

Delight36

@natdebtline thanks for your reply. I will look into this form.
Out of curiosity if I was to ask Lowell myself to suspend the warrant so we could come to some kind of payment arrangement are they able to accept if they wanted to of course.

StopIt

Delight36 wrote: »

@natdebtline thanks for your reply. I will look into this form.
Out of curiosity if I was to ask Lowell myself to suspend the warrant so we could come to some kind of payment arrangement are they able to accept if they wanted to of course.

It's their warrant, so yes, they can call it off.


Of course, the warrant is their leverage so they can also push for more if you lowball them. However, it's always worth speaking to them.


Finally, if you feel you have a defence against the CCJ itself, seek legal advice on this and look into a Set Aside.


They cost £255 and starts the court claim process again, where you can defend it more fully.