Setting aside a CCJ?

EmbJ

Hi all,


Long time reader - never posted.


First off, I've read the various guides to dealing with the application to set aside the CCJ - but I thought I'd run my predicament by the various gurus on here to see what the consensus is.


In Sep 2009, I took out a mobile phone contract with a provider. Long story short, I never received the device and after much conversation, said provider cancelled the contract and we parted ways.


6 months later, having never made a payment, a debt collection agency contacted me asking for £3xx for unpaid fees. I phoned mobile provider who confirmed that they had closed my account and weren't seeking payment. I emailed the collection agency and told them this and to refer back to their collection agency.


Long time passes until 2012 until Lowell get in touch who have obviously bought the debt demanding the same £300-odd pounds. I send them the same email that I do no owe the money - go and talk to mobile provider.


I hear no more and move house in 2015.


I check my credit report in August 2019 only to find a CCJ from Lowell for this very debt - registered in 2016! I'm very cross and worried this is going to seriously impact my plans for the near future.


My thoughts for grounds of appeal are:


1) I never had chance to dispute this claim as it wasn't sent to the correct address - I didn't update them of a new address as I'd previously written to them telling them I don't owe them any money.


2) If I had chance to dispute this case, I would have told the judge about my phone calls with the phone provider (nothing in writing sadly) and shown them the emails to both the debt collection agencies informing them as far as I am concerned, I owe nothing.


3) Even if I had owed the money (and I can't tell you enough - I DO NOT), the initial contract was taken out in September 2009 and the CCJ wasn't issued until February 2016 - surely that makes the amount statute barred anyway on the basis it was in excess of 6 years before claiming the money? They had no emails from me indicating anything other than my objection to the debt, and I never made any payments towards said agreement anyway.


I want to file my application ASAP as I'm livid at what has been done - but I equally want to make sure cooler heads prevail and I'm not wasting £255!


Thanks very much for reading!

[Deleted User]

Contact Lowell again - do you still have the previous emails confirming that you don't owe anything?

EmbJ

I don't have anything from Lowell confirming I owe nothing. It was only a telephone call with the mobile provider initially that confirmed I owe nothing - nothing in writing etc.


In 2009-2012, I emailed both debt collection agencies telling them I owed nothing, and they should refer back to the mobile provider.