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new CCJ added

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  • new CCJ added

    Hi All,

    I have alerts set up on my credit file and received an email saying I had received a judgement.

    I got in financial difficulty around 2012 and have tried sorting out various debts, in 2016 I moved address and I notified the majoirty of my creditors.

    I never received any claim forms for this CCJ and its the first one I have had - I need to fix this situation as it will hamper my work situation.

    Looking at my credit file I think its for a debt with Lowell/Bryan carter just by the balance showing - I will call the courts tomorrow to get more information?

    What are my options as I do not have £1040 to pay in the next 30 days and I am abit annoyed I never received any claims forms + they have done it while I have been paying £10 a month!!

    Thanks
    Tags: None

  • #2
    Re: new CCJ added

    Lowell are debt purchasers and Carters are solicitors acting for them. Basically, Lowell have bought this account off a bank and now own it, so you need to find out first who the original creditor was.

    Comment


    • #3
      Re: new CCJ added

      Any idea what the debt was for? (Loan, credit card, overdraft etc).

      If you want to try getting the judgment set aside you will need to act quickly.
      Write to Lowells to ask for their consent. (Get proof of posting).
      If they refuse or ignore you can apply to the court for permission.
      You will need a good reason why you didn't respond to the court claim....not too difficult.
      You also need to show that you have a viable defence if it is set aside....
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: new CCJ added

        Looking at my credit file I beleive its for a Very Account - I had been making payments to BC by Standing order every month over the last few years for £10.00.

        I am registered at my new address on the electoral roll, also have other bank accounts registered to my new address (moved here 2 years ago)

        to me there is no reason they didnt have my address, I notified everyone as soon as I moved but didnt register to check as I have been making payments

        Comment


        • #5
          Re: new CCJ added

          Ok

          Are you sure that BC was the legal rep for the claim/judgment?
          Lowells normally use their in-house mob, Lowells Solicitors.
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: new CCJ added

            The court judgement doesnt give any details so I will contact the court tomorrow - the only reason I beleive it was Bryan Carter is because thats who I pay each month? Its recorded on my credit file though as Lowell

            Comment


            • #7
              Re: new CCJ added

              If you pay the judgment amount within 30 days it isn't recorded.
              If you don't it will stay on file for 6 years.
              If you do get it set aside it will reset the claim to the point before judgment & you will have an opportunity to fight it or pay it (possibly negotiate payment & terms....Google 'Tomlin Order').
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: new CCJ added

                I intend to try and get it set aside - is it a reasonable defence that
                1) been paying £10 a month every month without fail
                2) I have lived at this address for 2 years and have other bank accounts/debts clearly registered at this address on my credit file
                3) I am on the electrol roll at this address.

                My intention has always to pay my debts when I can afford to but this CCJ could potentially lose my job as I work in contracting that results in annual credit checks.

                Comment


                • #9
                  Re: new CCJ added

                  Hi
                  I am afraid that the fact you have been paying is not a reasonable defence, they can issue a claim at any time, however the other two reasons are reasons to get it set aside if the claim form was sent to the wrong address

                  When was the account in question opened, that may be a way forward , and do you ave any of the original paperwork such as the agreement or Default notice or the notice of assignment from Very (or whoever it was) to Lowell

                  Did you ever receive letters from BC or Lowell to your current address regarding this debt ?

                  Comment


                  • #10
                    Re: new CCJ added

                    The fact that it has been sent to an old address is ample reason for not responding to the court claim. This is a hot potato atm.
                    http://www.dailymail.co.uk/news/arti...addresses.html

                    Ask the court that heard it to send you details including the Claimant's Particulars of Claim.
                    & write to the Claimant asap for consent to set aside. (Don't forget the proof of posting)
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #11
                      Re: new CCJ added

                      Originally posted by charitynjw View Post
                      The fact that it has been sent to an old address is ample reason for not responding to the court claim. This is a hot potato atm.
                      http://www.dailymail.co.uk/news/arti...addresses.html

                      Ask the court that heard it to send you details including the Claimant's Particulars of Claim.
                      & write to the Claimant asap for consent to set aside. (Don't forget the proof of posting)
                      1) ask the court who heard it to send you details - How do I do this? I was just going to ring the Northampton place with the case reference - will then send the details if I ring or do I need to send a specific letter?
                      2) Write the claimaint - is there any templates to what sort of letter I should send ?

                      - - - Updated - - -

                      Originally posted by warwick65 View Post
                      Hi
                      I am afraid that the fact you have been paying is not a reasonable defence, they can issue a claim at any time, however the other two reasons are reasons to get it set aside if the claim form was sent to the wrong address

                      When was the account in question opened, that may be a way forward , and do you ave any of the original paperwork such as the agreement or Default notice or the notice of assignment from Very (or whoever it was) to Lowell

                      Did you ever receive letters from BC or Lowell to your current address regarding this debt ?
                      I have just gone through all my paperwork and I have no correspondce from them at all to this address. They must still have my old address - had I received the form I could of defended or at least looked at tomlin order given I am paying anyway

                      Comment


                      • #12
                        Re: new CCJ added

                        Trust Online should be able to tell you where the case was heard.
                        Contact that court for details.
                        https://www.trustonline.org.uk/

                        - - - Updated - - -

                        Set aside info
                        http://legalbeagles.info/library/how...-judgment-ccj/
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #13
                          Re: new CCJ added

                          I have just done a search and it brings up
                          COUNTY COURT MONEY CLAIMS CENTRE

                          Comment


                          • #14
                            Re: new CCJ added

                            Interesting.
                            Ok, give them a ring on 0300 123 1372 to find out more info.



                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #15
                              Re: new CCJ added

                              Originally posted by charitynjw View Post
                              Interesting.
                              Ok, give them a ring on 0300 123 1372 to find out more info.



                              Ok will do I may be wrong and it might not be Lowell but I have no other debts in my married name and at that address. I thought claims came from
                              northampton

                              Comment

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