Lowell Portfolio

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Cath
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#1 Lowell Portfolio

Post by Cath » 29 Apr 2016 18:30

Hi

I would be grateful for some guidance on how to deal with this. Got a letter through the door today marked urgent. Inside it is from the County Court Baliff saying I owe the sum of 172.25 to Lowell Portfolio and she has a warrant of control against my goods. The warrant of control authorises her seize and sell my furniture to the value of the warrant plus costs. She will obtain a forced entry warrant to remove my goods from property. This is for a old at least 5 years mobile contract which was in dispute at the time but they sold it on to different debt collectors. This letter is the first I've heard about this in years.

Thanks for your help.

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Pote Snitkin
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#2 Re: Lowell Portfolio

Post by Pote Snitkin » 29 Apr 2016 20:31

You need to clarify whether this is being dealt with debt collectors or bailiffs. If you could scan the letter (hiding all personal info) we can advise further.

In the meantime, whether it is debt collectors or bailiffs, neither can force entry for this kind of debt.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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Michelle
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#3 Re: Lowell Portfolio

Post by Michelle » 29 Apr 2016 20:49

Cath wrote:Hi

I would be grateful for some guidance on how to deal with this. Got a letter through the door today marked urgent. Inside it is from the County Court Baliff saying I owe the sum of 172.25 to Lowell Portfolio and she has a warrant of control against my goods. The warrant of control authorises her seize and sell my furniture to the value of the warrant plus costs. She will obtain a forced entry warrant to remove my goods from property. This is for a old at least 5 years mobile contract which was in dispute at the time but they sold it on to different debt collectors. This letter is the first I've heard about this in years.

Thanks for your help.
To obtain a warrant of control for a debt of this kind they'd need to have taken you to court and obtained a CCJ against you. A CCJ is not an automatic process, Lowell would have issued a claim and you should have received court papers from the Northampton County Court, Business Centre or something like that. Do you recall receiving anything of the kind?

If you received a claim and ignored it, or if you did not receive it, the claimant can request default judgment. Have you moved recently by any chance? Judgment creditors apply for warrants when they've not received any offer of repayment, often because the debtor is unaware of the judgment.

I'd suggest searching the public record of judgments here: http://www.trustonline.org.uk/search-yourself to see if Lowell have a CCJ against you.

Even with a warrant of control, forced entry is not an option for bailiffs enforcing CCJs, it would only be an option for the recovery of court fines, and even then the powers are rarely used. If you have a CCJ and you did not receive the court papers and you think you may have a good defence to the claim, you can apply for set aside. From a purely financial perspective, this option makes no sense for a judgment in this amount given the high court fees involved, however, if this CCJ is screwing your credit file and/or a CCJ can affect your employment opportunities, it may well be a good idea. If you are on benefits or on a low income and have less than £3,000 in capital, you could qualify for remission of the court fee.

If you have a CCJ and don't wish to apply for set aside, you can apply for a suspension of the warrant and make an affordable repayment offer, using form N245 found here: http://hmctsformfinder.justice.gov.uk/H ... rms_id=486

Info about remission of court fees can be found here: http://hmctsformfinder.justice.gov.uk/H ... for%20help

Before doing any of the above check for the existence of a CCJ. CCJs also appear on your credit file.
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Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

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Cath
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Joined: 24 Dec 2015 14:51

#4 Re: Lowell Portfolio

Post by Cath » 30 Apr 2016 19:51

Hi Michelle

Thank you very much for your guidance. I will phone the court on Tuesday to see whether Lowells have obtained a ccj against me without my knowledge. I have had no correspondence from them or the courts. The Baliff on the letter I received does not appear on the enforcement register but she works for the courts so it might be different.

Thanks again for your help, I appreciate it.

Cath
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Joined: 24 Dec 2015 14:51

#5 Re: Lowell Portfolio

Post by Cath » 04 May 2016 18:12

Hi,

I phoned the court today unfortunately no answer. I then phoned the court bailiff whose name appears on the document I received on Friday. She told me she doesn't work there anymore. It says in the document that it is important that payment is made to Baliff holding the warrant. There is no date on this letter or signature and they have only put my name but no address. I am sorry I can't upload this document because I don't know have to do it.

Are they allowed to use someone's name when they don't work there anymore?

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Michelle
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#6 Re: Lowell Portfolio

Post by Michelle » 04 May 2016 20:54

Have you looked at the following?
Michelle wrote: If you have a CCJ and don't wish to apply for set aside, you can apply for a suspension of the warrant and make an affordable repayment offer, using form N245 found here: http://hmctsformfinder.justice.gov.uk/H ... rms_id=486

Info about remission of court fees can be found here: http://hmctsformfinder.justice.gov.uk/H ... for%20help
CCJs can only be enforced with bailiffs when you default on your agreed repayments. In this case, you've not made any repayments or even put forward a repayment offer because you were not aware of the CCJ. If you fill in your details on the form and make an affordable monthly offer, you should be able to get the warrant suspended and not have to worry about bailiffs while you maintain your repayments. Should you be unable to meet your agreed repayments in the future, you can apply for a variation. As long as you keep up the agreed repayments, you shouldn't have to deal with bailiffs at all for a CCJ.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

Cath
Posts: 10
Joined: 24 Dec 2015 14:51

#7 Re: Lowell Portfolio

Post by Cath » 04 May 2016 21:31

Hi Michelle

Thank you for your time and advice.

I did intend to set up a payment today with the bailiff. But she said she doesn't work there anymore, the question I wanted to ask was can they still use a bailiffs name on paperwork that doesn't work there anymore surely this is a misleading information on a court document.

Thanks for all your help. I appreciate it.

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