Should I pay off my debt or fight it?

JustTemporary

sourcrates said:

A writ of control does not allow a bailiff to enter a private property.

They can enter business premises, but not a private address, unless you let them in, or they make peaceful entrance through an unlocked door.

Locking the door, keeps them outside.

However an attachment to earning would be the next step.

If there is a judgement, it will show on your credit file, there is a process to getting a CCJ, they are not handed out like smarties, there should have been a letter before action sent first, which if not replied too, would have triggered a claim form, obviously you either didn`t get any of these, and a judgement in default was granted, could they maybe have gone to a former address ? 

After 4 years its a bit late to be challenging this now, you could have applied for a set aside, but you should do so promptly, not after 4 years, I think the ship has sailed on that one.

Overdales are Lowell`s tame solicitors, part of the same company, they just handle litigation for Lowell.

To be honest your better off just paying this, I`d check and see if there is a judgement first, if there is, you don`t really want bailiffs knocking on your door, or an attachment to your earnings, its not often Lowell enforce anything, most of the time they just threaten, but you never can tell, so how you proceed is up to you.

Thank you for your response. 

Since I can afford to pay the debt and there is a possibility of bailiffs not showing up, would you recommend waiting until the bailiffs show up before paying? I assume the bailiffs would accept payment? 

Do I get a letter before an attachment to earning? Again, would you recommend waiting until I am threatened with an attachment to earning? 

Regarding the CCJ, it is possible that the CCJ went to a former address, but I don't recall any letter from the court. 

TadleyBaggie

As soon as a CCJ was even mentioned you should have found out where it was issued and taken steps at the time.

PRAISETHESUN

I agree with the previous posters - as enforcement action has already been taken and a CCJ granted, it is waaaay too late to be trying to contest anything. I would contact the court directly if you have any doubts over the legitimacy of the CCJ, and once you are happy is it correct then I'd pay it and move on.

[Deleted User]

Once bailiffs are engaged, they'll start putting their fees on top

macman

If you let it go until the bailiffs turn up, the amount due will probably double, as they don't work for nothing.
You don't seem to understand that the contract you entered into was for airtime, not merely for the handset. The reason you knew nothing about the CCJ is that you appear to have changed address and not notified your creditors. All they need to do is to serve papers at the last known address, which it is assumed they did.
Since you have the money to pay, do you really want your employer to receive an attachment of earnings request?

JustTemporary

macman said:

If you let it go until the bailiffs turn up, the amount due will probably double, as they don't work for nothing.
You don't seem to understand that the contract you entered into was for airtime, not merely for the handset. The reason you knew nothing about the CCJ is that you appear to have changed address and not notified your creditors. All they need to do is to serve papers at the last known address, which it is assumed they did.
Since you have the money to pay, do you really want your employer to receive an attachment of earnings request?

I didn't use any "airtime" past December, and my contract ended in May/June. No matter how you try to spin it, I don't think it is fair for me to pay £830. 

Sourcrates said that Overdales and Lowell often threaten debtors with bailiffs but do not enforce them. If I can not pay £830, then I won't.

sourcrates

JustTemporary said:

macman said:

If you let it go until the bailiffs turn up, the amount due will probably double, as they don't work for nothing.
You don't seem to understand that the contract you entered into was for airtime, not merely for the handset. The reason you knew nothing about the CCJ is that you appear to have changed address and not notified your creditors. All they need to do is to serve papers at the last known address, which it is assumed they did.
Since you have the money to pay, do you really want your employer to receive an attachment of earnings request?

Sourcrates said that Overdales and Lowell often threaten debtors with bailiffs but do not enforce them. If I can not pay £830, then I won't.

Lowell do try it on a lot of the time, and its unlikely this will escalate further, but you can never be certain, and if a bailiff is sent, expect the debt to increase again as they will charge you fee`s for different stages of compliance.

I did ask before, but cannot see a response, is there a judgement for this recorded on your credit file ?

You need to find out, and quickly.

MEM62

JustTemporary said:

TadleyBaggie said:

So what did you do when the county court documents arrived, did you submit a defence?

I don't know what documents you are referring to. I don't remember any document asking me to come to court or submit a defence. Only Lowell and Overdales have been in contact with me. 

You would have had more than one piece of correspondence in respect of the court case.  They cannot all have gone missing.  Your opportunity to defend it should have been taken when you received the summons.    

penners324

Doesn't matter when you stopped using it, you were contracted to them for the contract length (probably 2 years).

If there is a ccj against you, pay it before further action is taken.

LaDerniereSemaine

JustTemporary said:

macman said:

If you let it go until the bailiffs turn up, the amount due will probably double, as they don't work for nothing.
You don't seem to understand that the contract you entered into was for airtime, not merely for the handset. The reason you knew nothing about the CCJ is that you appear to have changed address and not notified your creditors. All they need to do is to serve papers at the last known address, which it is assumed they did.
Since you have the money to pay, do you really want your employer to receive an attachment of earnings request?

I didn't use any "airtime" past December, and my contract ended in May/June. No matter how you try to spin it, I don't think it is fair for me to pay £830. 

Sourcrates said that Overdales and Lowell often threaten debtors with bailiffs but do not enforce them. If I can not pay £830, then I won't.

Your contract didn't end when you stopped paying it.  And before you say it they didn't breach the airtime contract, but you may have had an opportunity to take them to court over the handset... between 7 and 1 1/2 years ago.