Ccj lowell help please

[CARL12345]

Hello I need some advice please,

I received a county court claim form in April this year 2015 stating that I owe £3690.97 which had been assigned for collection by Lowell Portfolio Ltd as from May 2008 because I am accused of owing this amount. On the claim form it states that the amount mentioned was assigned to the claimant on 24/06/2008. Does this date mean that I have supposed to have defaulted on that date.

The last time I checked my credit file via Noodle was today, and the report is clean with no defaults with just my credit card amount in satisfactory payment which I opened in November 2014.

I have received a judgement of default letter stating that I owe this amount and that I am compelled to pay this amount to court by 20th June 2015.

I have had no notice of default sent to me to my parents address (which I moved from 4 years ago, and I pick my mail up from there approximately 4 times a year), nor have I received any correspondence to my current address that I have lived for the past 4 years.

I have no idea where this amount has come from that I have been accused of owing, where can I go from here please.
Any help will be appreciated.

Carl

[nemesis45]

Re: Ccj lowell help please

Hi welcome to LB,

You say claim issued in April 2015, it's now the end of May.

Did you receive a claim pack from Northampton County Court Business Centre?
The date of " assignment is the date Lowell Bought the debt and its is now
the beneficial owner of it.

The account would have been defaulted by the original creditor prior to the sale to Lowell.

Judgement by default happens if the court claim is not acknowledged, and the required documents
are not filed with the court.

Now please give us some history of this debt.

Who was the Original Creditor?
What type of account was this?
Did you or did you not respond to the court claim?
This debt apparently according to your dates defaulted
before 24/06/2008 have you made any payments to this
debt at all in the last 6 years?

To assist us please post a redacted copy of the Claim form ( remove your name and address) and a copy of the judgement order, then we can see where to go next.

nem

[FlamingParrot]

Re: Ccj lowell help please

Hello I need some advice please,

I received a county court claim form in April this year 2015 stating that I owe £3690.97 which had been assigned for collection by Lowell Portfolio Ltd as from May 2008 because I am accused of owing this amount. On the claim form it states that the amount mentioned was assigned to the claimant on 24/06/2008. Does this date mean that I have supposed to have defaulted on that date.

No, assigned means when the debt was sold to the claimant, in this case Lowell. You would have defaulted on the account earlier than that as only defaulted accounts get assigned in this way.

1. Do you recognise the account as one you had at the time
2. Did you respond to the claim?

The last time I checked my credit file via Noodle was today, and the report is clean with no defaults with just my credit card amount in satisfactory payment which I opened in November 2014.

As above, if the debt was assigned in 2008 it would have been defaulted EARLIER than that. Defaults drop off 6 years after being recorded so this wouldn't show up for that reason.

I have received a judgement of default letter stating that I owe this amount and that I am compelled to pay this amount to court by 20th June 2015.

If you never made any payments or acknowledge this debt in writing since 2008 then it would have been statute barred at the time it was issued and you may be able to apply to have the judgment set aside. Statute barred is an absolute defence. The one stumbling block I can see here is the fact that you DID receive the claim form and the court will want to know why you didn't respond to it, for example if you were away at the time.

I have had no notice of default sent to me to my parents address (which I moved from 4 years ago, and I pick my mail up from there approximately 4 times a year), nor have I received any correspondence to my current address that I have lived for the past 4 years.

I have no idea where this amount has come from that I have been accused of owing, where can I go from here please.
Any help will be appreciated.

Carl

Lowell buy delinquent debts from all and sundry. It could have been a credit card, a loan or a current account overdraft, although the balance is a bit high for most O/Ds.

[nemesis45]

Re: Ccj lowell help please

The name of the original creditor is usually in the particulars of
claim e.g. " arising from an account with ..... assigned to the claimant on.........."

nem

[CARL12345]

Re: Ccj lowell help please

Hello,
I have attatched the 2 documents you requested.

In answer to your questions
I dont know who the original creditor was,unable to say who it was as tyhere is nothing on my credit report to suggest who it is with.
We dont know what type of account the amount is for.
No I didnt repsond to the court claim as visit my family infrequently due to ongoing conflicts.
No I have not paid anything within the last 6 years because I wasnt aware that I was in debt.

I obtained credit with no problem in June 2014.

Regards

[FlamingParrot]

Re: Ccj lowell help please

Hello,
I have attatched the 2 documents you requested.

In answer to your questions
I dont know who the original creditor was,unable to say who it was

It's shown on your claim form as Compucredit, the name suggests it may have been credit for the purchase of a computer.

as tyhere is nothing on my credit report to suggest who it is with.

Forget the credit report, the default would have dropped off.

We dont know what type of account the amount is for.
No I didnt repsond to the court claim as visit my family infrequently due to ongoing conflicts.

So the claim was issued at an address you do not live at?

No I have not paid anything within the last 6 years because I wasnt aware that I was in debt.

Do you not recognise this debt at all? No even Compucredit? It is quite a sizeable amount, surely you'd recall whether you had taken out credit for a similar amount in the last 10 years or so or not at all.

I obtained credit with no problem in June 2014.

If the debt was assigned in 2008 it would have been defaulted probably in 2007 so there would have been no trace on your credit report since 2013 or thereabouts.

[CARL12345]

Re: Ccj lowell help please

Are you suggesting then that the 'debt' is time-barred it being in default over 2007 or 2008.

No I think I would have remembered buying a computer on credit, Compucredit is a debt collection agency.

The address where the claim was originally issued is not the address I now live at.

[FlamingParrot]

Re: Ccj lowell help please

Are you suggesting then that the 'debt' is time-barred it being in default over 2007 or 2008.

Yes, unless payments were made after defaulting.

No I think I would have remembered buying a computer on credit, Compucredit is a debt collection agency.

Not heard of that one yet!

The address where the claim was originally issued is not the address I now live at.

Normally you'd be expected to have provided the creditor with an updated address in order to apply for set aside, however, if you are saying you have no knowledge of this debt you wouldn't have updated a non-existent creditor. I reckon you should apply for set aside on the grounds that this isn't your debt to start with if that is the case, otherwise use the statute barred argument.

You need to submit an N244 application form and pay a fee of £155. You may be able to apply for remission of the court fee if you are on a low income or in receipt of certain benefits. Form ex160a provides full details. This post has examples of what the documents would look like: http://www.legalbeagles.info/forums/...044#post415044

You'd need a draft defence to convince the court you would have prospects of defending the claim if the creditor issued a fresh one after a set aside. You'll also need to explain that you've only just become aware of the judgment and did not receive the claim form due to it having been sent to an address you don't live at.

You'll find these threads useful:

• http://www.legalbeagles.info/forums/...ants-in-Person
• http://legalbeagles.info/library/how...-judgment-ccj/
• http://www.legalbeagles.info/forums/...lication-notes

[Amethyst]

Re: Ccj lowell help please

I think compucredit used to be part of or deal with Monument credit cards. Don't know if that rings any bells at all ?

[CARL12345]

Re: Ccj lowell help please

Thank you, will keep you informed of outcome.

- - - Updated - - -

yes i remember thank you it was Monument.

[CARL12345]

Re: Ccj lowell help please

UPDATE:

Hello, i completed as advised a N244 form and sent off, I have now since received the conformation letter from the court of a hearing date and a letter from Brian Carter Solicitors confirming this also, they have also advised in the letter of details advising that they will not be attending the hearing however have attatched their side of events to which are;

1, The judgment was properly obtained in this claim in accordance with the civil proceedure rules.
2, The Respondent issued its claim on or around 21st April 2015. The claim was properly served on the application by the court at the applicants last known address, The respondents solicitors have only been notified of the applicants change of address after having sight of the applicants email address.
3, The applicant failed to file a defence and has not provided a reason as to why she did not file a defence.
4, The applicant entered into an agreement, account number ****0944 with compucredit for which the applicant was provided with a credit card.
5, The applicant breached the tearms and conditions of the agreement by failing to pay the minimum monthly installments as and when they fell due. The account fell into default on May 2008 and remain unpaid.
6, The account waas assigned from the original creditor to the respondent on or around 24th June 2008.
7, The last payment received towards the account was the sum of £17.34 on 12th May 2011.The claim is not statute barred.
8, The respondents claim is one of a simple debt. The applicant has no valid defence or prospect of succcessfully defending the claim.
9,The setting aside of the judgement would be prejudicial to the interests of the respondent as the creditor of the applicant, particularly as the debt is assigned.

My next point of call now is to gather as much evidence i need to conter each point raised. I would however appreciate some help in this and what is the best way forward. I wil start by stating that in reponse to number:
1, I dont think that this was done fairly as i was not aware of any outstanding debt therfore not obliged to let them know to any change of address inturn not dealing or being aware of any previous correspondence to my old address, this is why i belive the judgment was added without me being given a chance of defence.
2, The respondent's solicitors have only been notified of the applicants change of address after having sight of the applicants email address, Please can someone explain this to me, how can they know my change of address by sight of my email address?
3,The applicant failed to file a defence and has not provided a reason as to why "SHE" did not file a defence. Well for a start im a He and not a She! secondly this was on of the main reasons when i submitted the N244 form in, That i did not receive any letters due to not living at the previous address. i also submitted evidence of ALL my previous addresses showing i was not at the address when these letters were sent.
4, I entered into an agreement with CompuCredit for wich i was provided with a Credit Card, Well This is completly incorrect as the agreement was with Monument and not CompuCredit and therfore no such agreement exsists.
5, I failed to keep up with payments and fell in default in May 2008 and remain unpaid. My question is Why only now have i received these letters and not all them years ago? also I was unaware of having any outstanding debt that i had or may not have had.
6, The last payment received towards the account was in the sum of £17.34 on 12th May 2011, again with this i dont believe this is correct at all and 100% dissagree i would not make a payment to an account i didnt have or know about and for such a small amount, How would i find out more about this as i would like to find out what this is. they havn't provided or stated how this payment was made also.

In light of all the above I'd appreaciate any help and advice given to help me successfully defend myself