Court Claim - Lowell / - 16-5-2014

[Unregistered]

Received a claim? Yes
Issue Date: 16-5-2014
Amount approx: £691
Claimant: Lowell
Solicitor: Bryan Carter
Original Credit:

Particulars of Claim:


Stat Barred? No

Have sent:

Other Info:
I did a credit search tonight and was horrified to discover I have a CCJ registered to me (on 16/05/2014).

I was aware of the debt, and for a while made monthly payments but lost my part time job (I was a student at the time so money was super tight).

I have no idea what to do now; who to contact to pay it or what exactly I need to pay. I don't want to go to prison

[leeeon]

Re: Court Claim - Lowell / - 16-5-2014

Received a claim? Yes
Issue Date: 16-5-2014
Amount approx: £691
Claimant: Lowell
Solicitor: Bryan Carter
Original Credit:

Particulars of Claim:


Stat Barred? No

Have sent:

Other Info:
I did a credit search tonight and was horrified to discover I have a CCJ registered to me (on 16/05/2014).

I was aware of the debt, and for a while made monthly payments but lost my part time job (I was a student at the time so money was super tight).

I have no idea what to do now; who to contact to pay it or what exactly I need to pay. I don't want to go to prison

^ This is my post. Not sure why it came up as unregistered.
If anyone has any advice I would be very grateful.

[Amethyst]

Re: Court Claim - Lowell / - 16-5-2014

^ This is my post. Not sure why it came up as unregistered.
If anyone has any advice I would be very grateful.

Thanks Leeeon, it might be you submitted it when you weren't logged in xx anyway, firstly, please don't worry about prison, debtors prisons are long since past here so theres not a chance of that happening.


Secondly, you've just found out about the ccj which sounds like you have had no previous paperwork about this court claim? Have you moved recently?
You can apply to have the debt set aside, so you can defend it, or pay it without having the ccj registered against you.

First tho can you tell us a bit more, what was the original debt and who was the original creditor, also when approx did you last make a paymentt on it?

[leeeon]

Re: Court Claim - Lowell / - 16-5-2014

Thanks Leeeon, it might be you submitted it when you weren't logged in xx anyway, firstly, please don't worry about prison, debtors prisons are long since past here so theres not a chance of that happening.


Secondly, you've just found out about the ccj which sounds like you have had no previous paperwork about this court claim? Have you moved recently?
You can apply to have the debt set aside, so you can defend it, or pay it without having the ccj registered against you.

First tho can you tell us a bit more, what was the original debt and who was the original creditor, also when approx did you last make a paymentt on it?

I moved house in September 2012 and the debts were registered at the old property.

Im trying to collate all my paperwork together - ignored for a long time but I'm now in a secure full time job and want to clear all my debt. The original debt was from Lowell and then I had several calls from a Bryan Carter? Threatening man. Right now I can't remember how much I paid but it wasn't much. If I can't find all the paperwork is there a way of getting it again?

thank you so much for your reply.

[Amethyst]

Re: Court Claim - Lowell / - 16-5-2014

Thanks Leeeon. Do you know what the original debt was? ie. before Lowell got hold of it. Credt card / loan ???

[leeeon]

Re: Court Claim - Lowell / - 16-5-2014

It was a phone contract from t mobile/EE. I've got several defaults on my credit report from Halifax (call credit). Ignorance is not bliss!!

[Amethyst]

Re: Court Claim - Lowell / - 16-5-2014

Ahhh bummer. Okay options wise you could apply to set aside the debt however this will cost you £50, or £155 with a hearing, and if you didn't inform creditors when you moved house you may have difficulties having it set aside.

Are you in a position to pay it off in full ? If so you could give BC a call and tell them you will apply for a set aside on the CCJ as you received non of the paperwork and have just discovered the CCJ on your credit file. Ask them for a without prejudice conversation if they will agree to set aside the CCJ or alternatively if you make payment in full could they mark it as satisfied or tell the court it was paid within 28 days so it is removed from the register. You don't know until you ask.

[MIKE770]

Re: Court Claim - Lowell / - 16-5-2014

and this day and age you change addresses inform bank account they alter CRA records to new address, albeit they have no excuse of not having recorded new address, Lowells seem to operate these days on the new addresses which they must have from CRA files, in the hope the person contacts them!

[leeeon]

Re: Court Claim - Lowell / - 16-5-2014

and this day and age you change addresses inform bank account they alter CRA records to new address, albeit they have no excuse of not having recorded new address, Lowells seem to operate these days on the new addresses which they must have from CRA files, in the hope the person contacts them!

Yes I notified everywhere that I could think of, of my change of address... interestingly Lowell sent me a few payment reminders to this new address but absolutely no court papers. I may be able to pay the amount in full within the next few weeks. Will paying it get it removed even though a month has passed or will it stay on my record for the 6 years... bearing in mind the first I've heard of the CCJ registered against me was a few days ago.

Thank you guys,
Leon

[Amethyst]

Re: Court Claim - Lowell / - 16-5-2014

No it won't. That's excellent news you had informed them and they had written to you at the new address prior to the court claim, should be quite straight forward setting it aside really, then if you wanted to sort out settlement with them after the set aside you could do so without having it stuck on your file for 6 years as the set aside would mean it got removed from the register.

[leeeon]

Re: Court Claim - Lowell / - 16-5-2014

Thanks Amethyst. I just need to collate all of the paperwork and start going through it all. Should I contact Lowell or Bryan Carter? Or the court? I also wondered if there would be any further action or fees added to the amount? The CCJ was registered in May, and we're now in August. I'm picturing god knows how many letters and/or warrants being sent to my old address??

[Amethyst]

Re: Court Claim - Lowell / - 16-5-2014

Firstly I'd contact Lowell and tell them you've just found out about a CCJ registered against you and are just sorting out your application to set aside, you're surprised to have found it on your file considering they've been writing to you at your new address. See what they say, they might offer to remove it if you pay, if they do you want it in writing before agreeing to anything. They might not and try getting heavy with you so just avoid getting into any discussion on it and tell them you'll send them a copy of the set aside application in the next couple of days.

Then we'll sort out the application, ask for Lowells to pay the costs of the application, and indicate we wish to defend in full. Should only cost you the £50 application fee. If that does go through okay then its a matter of deciding if you want to try negotiate repayment over a few months or a one off payment to get it out the way in which case you could agree between yourself and Lowell under what's known as a Tomlin order, which will keep any CCJ off your file, but if you defaulted payments again they could add it back on and go for enforcment,,,,, or wanted to defend it though I'm not sure you have a lot to defend on - we could go down the usual paperwork disclosure routes but its not a really old debt and its a phone contract, so unless theres a really major dispute it's likely negotiation is the way to be heading with this.

[leeeon]

Re: Court Claim - Lowell / - 16-5-2014

Amethyst, thank-you so much. This forum is invaluable, I feel like I owe you a lot!

I will contact Lowell and report back on what thy say. I didn't realise CCJs could be removed, so this is a relief.


Thanks,
Leon