Hi, about 2 to 3 years ago I moved into a flat on my own due to family issues. Practically it was not a good decision to make as my financial circumstances were not ideal and I have no shame in saying I relied on housing benefit as I was working a low paid o hour job and I was living on my own with no real support other than my mother (who is a single month ) and was the first time living on my own. But circumstances forced this as I was living in a hostile environment .

Anyways basically I relied on my mobile contract that I had for 2 years previous without any payment issues in that time.

When I got my move in date kindly a family member agreed to supply my broadband for me as it was essential for me for everything and the college stuff I was doing then.

Basically because the place i moved into was a shit hole my broadband should of been activated on the date I moved into the flat, but the line on my Street was damaged and took BT around a month to come out and repair it mean while I was left using my 1 GB data allowance at the time .

Even though I was very careful with my data and was told of 02 that my data would be capped after the issue with my broadband occurred I still got a bill the following month of over £160 (can’t remember exactly as this was over 2 years ago but it was atleast this amount ).

This forced me out of my contract I simply could not afford to repay it despite explaining my circumstances and being a good long term customer with them for a long time.

Eventually I lost the flat and was forced to move in at my mother’s address, but letters regarding the legal information in this case was sent to my old address so I’ve just found out. But today I have received a CCJ through my door for the amount of £530.

I am still in low paid work and I simply can’t afford it at the minute. I do however agree I should pay the remaining months of my contract but not the extra amount for data as I was told it would be capped and had problems with broadband that contributed in this amount owed.

I have never had a CCJ issued as even when I was living in poverty line circumstances I still did try to take care of my credit profile.

I thought I’d ask on here and I have contacted citizens advice. Thanks for taking the time to read, cheers!

Get over to Legal Beagles Forum and start there, they helped me out when a long forgotten debt landed on my doorstep in the form of a CCJ claim form.

If you’re still at the claim form stage, you’ve got a bit of work ahead of you, but you’ll be fine.

If it’s already gone against you in your absence, it’s a might trickier – in short, if you don’t want to live with it (who would) then it’s sort of a case of pretending you didn’t see it, until you’ve got the money to pay it off and then appealing for it to be set-aside, but really get ye over to Legal Beagles and start there.

It’s here for Coffee, expensive pizza ovens and Vans and the odd bike question, there for stuff like this.

Hiya,

Firstly don’t feel ashamed that you claimed an in work benefit. That’s not your fault mate and is hugely common these days!

On the ccj my experience is limited.

I would say that CAB will advise you to work out a payment plan that’s affordable.

As for the disputed cap…. Knowing mobile providers that could be a big battle on its own!
Again the CAB should be able to help.

There will be some far better informed people along soon no doubt.

Good luck with it mate, at worst you’ll be paying it off gradually. You can’t pay what you haven’t got in the end.

In my mind you need to fulfil the debt, so best thing to do is to speak to the company and agree a payment plan with them, these companies would rather you were paying back at £10.00 a month, then not paying at all.

Agreement a payment plan with them and take advice on a well informed letter to them outlining what you feel you should be paying for and what you won’t, they will probably accept it.

The main thing is to talk to them and not ignore it

P-Jay seems far one informed that me op!

Still, good luck with it mate.

Fact is a mauve possible for millions these days. Don’t feel stigmatized at all.

IANAL. If it’s an actual CCJ ie a judgement it’s gone beyond speaking to the company. It’s now a court order, ie a matter between you and the court.

Do what the CAB advise

P-Jay seems far one informed that me op!

Still, good luck with it mate.

Fact is a mauve possible for millions these days. Don’t feel stigmatized at all.

I really don’t I’m doing much better within myself now than I was, I came very close to suicide at the time which this forum helped me out a lot for, I had a lot going on then, despite not being rich since then lol now things are way better and have more going for me. I didn’t want this to be a pity post just wanted to explain from my point of view kind of thing.

I wish I knew about this all earlier I was in a position that I could of paid the full amount. Fact of the matter is I trust this forum and always get good solid advice.

Much appreciated thanks very much mate.

but letters regarding the legal information in this case was sent to my old address so I’ve just found out. But today I have received a CCJ through my door for the amount of £530.

If the court papers were sent to your old address and you can prove you were no longer living there then you can apply to have the judgement set aside on the grounds of “defective service” (i.e. the court papers were never correctly served on you).

I can’t remember if there is a fee for doing this at the court though – I suspect that there may be and it might be a couple of hundred quid, so that might not really help since…

.. this potentially only delays things – they can re-serve the County Court papers on you at the right address and get a new judgement against you if the facts of the case warrant it (and with the contract you signed up to, I’m afraid that they most probably do).

If you get to that stage (judgement set aside but a new one threatened) the best step would probably be to acknowledge the debt and agree a payment plan – you’ll be paying the debt but a chunk less than it would be if it goes to court, plus having a CCJ registered against you will cause LOTS of problem getting credit anywhere else for a good long while.

IANAL – the advice above to take this to a more relevant forum / CAB gets a +1 from me. There are also law firms that will offer an initial 30 minutes free that you could at least get a professional view on your options from.

they can re-serve the County Court papers on you at the right address and get a new judgement against you if the facts of the case warrant it (and with the contract you signed up to, I’m afraid that they most probably do).

You only get a CCJ recorded against you if the court orders payment and then you don’t pay. Getting the old judgement set aside gives you a chance to pay up without having a black mark on your credit record. It doesn’t make the debt go away, just the black mark.

IANAL – the advice above to take this to a more relevant forum / CAB gets a +1 from me.

And another +1. Leagal Beagles or Moneysavingexpert are good places to start.

As above – If you can pay the CCJ off asap as there is a period (I think 28 days) where if paid it won’t register on your credit report, otherwise it will stay on for 6 years and affect any credit decisions in the future.

I second speaking to CAB, especially if you can’t pay it.

Don’t take out loans to pay it back though, especially payday/short term loans

Thanks I’ve hit posted on legal beagles

Thanks just to update I’ve spoken to the debt agency and due to legal grounds and mycircumstances have had the debt cleared as well as the fact I am battling mental Heath and am diagnosed with ADHD. Biggest thing was due to the fact that o2 did not do what they said they did at the time that caused this issue to arise.

Thanks for your help all.

Good to hear…nice to see a positive on stw 😀 All the best to you applesandoranges

🙂

🙂

Always nice to hear a positive outcome

Good to hear things have sorted out.

edit

Where’s the like button.

Great news, good to hear common sense and justice prevailing.

Good to hear…nice to see a positive on stw All the best to you applesandoranges

Thanks mate much appreciated.

Good result! Now, where is that like button?

Where’s the like button.

I know lol 😀 😀

Great news, good to hear common sense and justice prevailing

Yeah for once the big company’s lost lol. And I am now on a better network, a third of the price of my 02 contract and much better service 🙂

Good result! Now, where is that like button?

It may be in o2 legal team’s office 😀

Thanks STW great people on single track from all classes, I owe this site a lot.

Amazing, a debt agency that is helpful. Truly awesome outcome

Punches Like

Amazing, a debt agency that is helpful. Truly awesome outcome

Punches Like

Yeah to be fair I was surprised how nice they were with me after I explained my situation.

Although I think it could be also due to the fact that they sent letters to the wrong house, I had proof of 02 basically talking rubbish aswell as my circumstances.

I guess they figured if they did go through with the CCJ it wouldn’t be an easy case.

I highly doubt they just drop case’s out of good will anyways especially if it’s costing them money.

Lol a justified punch.

Brilliant news

Glad to hear it OP.

I suspect they didn’t drop it for goodwill or because they admit to anything.

Sadly since the advent of the CCJ bulk centre in Northampton the snide debt collecting firms are lodging claims left right and centre, they don’t care about ‘winning’ them, if they were 1) of a value worth chasing 2) had the proper paperwork they need to win or 3) neither they wouldn’t have let it get this far – it’s said 80% of claims through Northampton are won without any defence being made, I forger the exact terminology but it’s ‘in absence’ I think.

Their MO seems to be to send all the correct warnings to an address they know is (allegedly) out of date, then when they’ve covered themselves send the claim form to the correct address – defendant has 14 days, not including post to fight it, it’s also all edged that one of the big firms has a habit of sending out hundreds if not thousands of claims on the first day of the Easter School break at at the first and last weeks of the summer hols, it’s a real mystery why…

I really hate debt collection firms, not because of the job they do, I don’t like the way the industry has decided to deal with delinquent payers, but I can understand it, it’s their methods that I hate.

Brilliant news

Thanks mate

I guess they figured if they did go through with the CCJ it wouldn’t be an easy case.

I expect there’s no small grain of truth in this. As soon as you go “er, no, hang on” it’s not worth their time pursuing if it looks like it might be vaguely complicated / expensive when there’s plenty of other low-hanging fruit to go after.

Also, +1 to what PJ said. I’ve first-hand (ok, second-hand) experience of the tactics of a debt collecting firm and it’s basically to scare / intimidate you into paying. When I threatened to go after them for harassment for trying to illegally pursue a contested “debt” they pissed off sharpish.

Brilliant. What a weight off your shoulders.
Best of luck.

Glad to hear it OP.

I suspect they didn’t drop it for goodwill or because they admit to anything.

Sadly since the advent of the CCJ bulk centre in Northampton the snide debt collecting firms are lodging claims left right and centre, they don’t care about ‘winning’ them, if they were 1) of a value worth chasing 2) had the proper paperwork they need to win or 3) neither they wouldn’t have let it get this far – it’s said 80% of claims through Northampton are won without any defence being made, I forger the exact terminology but it’s ‘in absence’ I think.

Their MO seems to be to send all the correct warnings to an address they know is (allegedly) out of date, then when they’ve covered themselves send the claim form to the correct address – defendant has 14 days, not including post to fight it, it’s also all edged that one of the big firms has a habit of sending out hundreds if not thousands of claims on the first day of the Easter School break at at the first and last weeks of the summer hols, it’s a real mystery why…

I really hate debt collection firms, not because of the job they do, I don’t like the way the industry has decided to deal with delinquent payers, but I can understand it, it’s their methods that I hate.

Yeah I would agree with this I’ve heard this also. Isn’t it funny tho how they sent all the warnings to a flat I haven’t even been near in two years yet the CCJ goes straight to the current address?

They probably hope I didn’t open it and to be fair it was my partner who did. I get a lot of spam in smaller envelopes and I know it’s bad practice but I usually just put them in a draw unopened so I was lucky.

Well theirs corruption everywhere, and people who say it’s just a job etc.

True fact when I was working my last job at the flat I was doing one of the worst jobs you can imagine on minimum wage 12 hour nights. I would get a phone call of the agency an hour before I started, I’d be loading industrial size fridges most of my shift, manually usually and the hydraulic lifters hardly ever worked and if you complained you’d get the sack being agency!

Reason I say this is because prior to this the job centre offered me a start at a jon for DWP as I had a interview for a different job at HMRC, I’d get regular work, full time wage, no lifting heavy goods on my own, holidays etc working for universal credit.

The reason I never took it up even despite my situation at the time, is because I know how harsh and corrupt universal credit it is and the job center, I’ve seen disabled people get sanctioned, I’ve seen how they target easy old and disabled people for sanctions so they get there bonus etc. I lost my flat because they set up what’s known as as a fake appointment, where they will make you a date on the system for a work appointment , not inform you you won’t go in and get a FTA (failed to attend) which results in a sanction and that person gets a pay bonus. Truth of the matter I’ve seen all the tricks they do from being a signer due to 0 hours most of my life and I lost my flat over their bull shit. You will see how much your government will care about you when your on hard times.

Anyways the reason I mentioned this was because I didn’t take the job even tho I really needed it was much better than what I was doing. But I dont want to support a corrupt evil system to save money by targeting the fragile for my own benefit.

And frankly if you do a job like that knowing what’s really involved then you have to be low to do it in my opinion atleast.

So this proves my point when people say “bailiffs are just doing a job”. It’s absaloutley no excuse and this is why these job types attract assholes cause simply you need to be one to do it.