Lowell Solicitors CCJ Advice

Mattas_Ji

Hi there,

I'm currently caught up in a mess with Lowell Solicitors and I was wondering if anybody could advise me on how to proceed. On behalf of Orange, they are arguing that I owe them for a contract I allegedly took out in 2012 over the phone. They filed a CCJ against me in July 2017 which I never received and was not aware of until now. They are notifying me that I owe them £290 and that enforcement action is pending. I called them and they have put my account on hold for 14 days allowing me to seek advice.

When my phone contract with Orange had ended I renewed it but it was with EE as they had merged under a new company so I'm wondering if this is a mistake. In 2013/2014 I noticed that Orange continued to take money out of my account - sometimes £10, sometimes £11 and so I blocked them from doing so. I explained this to Lowell and they aren't going to escalate anything for 14 days while I seek advice. But they have asked me to provide evidence that I didn't take out the said contract.

I'm unsure of how to proceed. How do I prove I didn't do something, over the phone no less? Wouldn't the burden of proof fall on the claimant? It feels like I'm being coerced into paying for something I never took out or even needed.

Thanks in advance!

sourcrates

Hi,

It’s a bit late now to do anything as they have registered a judgement against you, as far as the court is concerned you are liable for this debt.
A set aside would cost £255.00, so almost as much as is owed.

Sounds as if Lowell are as confused as you are, a judgement gives them enforcement rights, you been able to prove you don’t owe the money is irrelevant, unless you go through the set aside process.

You may be able to use this to your advantage if you can muddy the waters enough to suggest it may of been an error on the part of orange, for such a small debt, they may, just may, take a commercial decision and choose to write it off, it has been known before with Lowell.

Srk786

Hi, I am in the same situation with Orange contract which I have never taken out, only came to know about it this Monday, CCJ against my name since 2014, no letters whatsoever until Monday gone. Tomorrow will be ringing Lowell solicitors to discuss as mine they told me I owed £1020. This is mad as never taken a contract as my contract with Orange terminated in 2009, never owed them or missed a payment. Surely there must be a mistake or I could be a victim of fraud, but suggesting I should £1018 for something I never done is really unfair. They have to provide the information, contract I allegely sign to take a contract and so on. Any advice guys?? Thanks

System

Are you 100% that you have a ccj against you. Im mean have you checked your credit report? Its not uncommon for fake letters to be sent to you regarding a ccj.

WhenIam64

Its not uncommon for fake letters to be sent to you regarding a ccj.

Very, very unlikely if it came from solicitors. It's a 100% guaranteed closure if they do.

Lowell are one of the largest debt buyers around and their standard methods including rushing claims to court to "upgrade" them from unenforceable debts (missing paperwork) to enforceable debt (CCJ). The defendants are always given an opportunity to challenge.

In this case the burden is on the OP to prove "which I never received and was not aware of until now". If the paperwork was sent to an old address which the OP can check, then he may get a set-aside at £255. The £255 may be repayable depending on the facts but more detail of where the claim was sent, and whether the money was owed is needed.

Mattas_Ji

Lowell are one of the largest debt buyers around and their standard methods including rushing claims to court to "upgrade" them from unenforceable debts (missing paperwork) to enforceable debt (CCJ). The defendants are always given an opportunity to challenge.

They sent the CCJ to an old address, I moved out in 2014. I have no idea how they got my new address in London. Anyway it's awful that this is allowed to go on. It squashes the individual and no matter what he is at least £255 out of pocket and loses alot of time. I'm on minimum wage so that's a weeks work for a cartel to rob from me with the force of the law.

Sounds as if Lowell are as confused as you are, a judgement gives them enforcement rights, you been able to prove you don’t owe the money is irrelevant, unless you go through the set aside process.

It doesn't seem like they're confused if the evidence is irrelevant? From what you're saying the evidence request is actually a red herring. Since I can't prove I didn't do something over the phone, and even if I could it means nothing. My guess is they'll hope I stress out and bury my head in the sand to rack up costs.

Hi, I am in the same situation with Orange contract which I have never taken out, only came to know about it this Monday, CCJ against my name since 2014, no letters whatsoever until Monday gone. Tomorrow will be ringing Lowell solicitors to discuss as mine they told me I owed £1020. This is mad as never taken a contract as my contract with Orange terminated in 2009, never owed them or missed a payment. Surely there must be a mistake or I could be a victim of fraud, but suggesting I should £1018 for something I never done is really unfair. They have to provide the information, contract I allegely sign to take a contract and so on. Any advice guys?? Thanks

If you decide to call them be polite. And be aware they'll immediately throw a tonne of pressure on you and try to get as much information out of you as possible with their script. Might want to wait for some advice on how to handle that call on here before you do, that's a worrying amount.

Srk786

Yes it is on my credit report allthough they wrote my name is an extra letter and the ccj on my report got same error.

WhenIam64

With regards to a set-aside, it is a £255 fee unless you are on benefits/low income so check here

https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

At the 5 minute set-aside hearing, a judge applies 2 tests.

1. Was the paperwork sent to the wrong address (it is usually yes)
2. Is the case arguable (sometimes yes, sometimes no)

If yes for both, then you get another date and the Claimant has to provide the evidence. It is not up to the defendant to help or support the claimant. So this comment is correct. They have to prove it.

"How do I prove I didn't do something, over the phone no less? Wouldn't the burden of proof fall on the claimant? It feels like I'm being coerced into paying for something I never took out or even needed

You can ask at the second hearing for your £255 to be repaid by Lowell and if the judge agrees then you get the money back under "costs paid by the loser" principle.

ShakeItOff

It might be worth sending a subject access request to EE too. They should then disclose anything they have that identifies you are the data subject, and this would indicate whether a contract was entered in to. They have to respond within 30 days.

Legal Beagles have a template SAR here: https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/.

With the set aside, you might find some helpful info on the Parking forum NEWBIES thread (post 2). There is a a 6 point order, and example witness statements. Yes, they are all parking related, but might be helpful in terms of forming the paperwork.

Srk786

Hi guys,
Just a quick update. I have called Lowell solicitors, I was advised that they will now put my account onhold and get their fraud team to investigate. It was easier than I thought to talk to them, I guess who’s the person you get on the other side. I was also advised to report this to the police and get a crime number. I am now be waiting for an update from them. I’ll update here once I get another update.