ccj on credit file

[pel007]

Re: ccj on credit file

if me I would as a matter of urgency as this is a priority get on to lowells for proof of how paid and by whom//?? also bank to get statements for that period. just my thoughts

Bank have said only go back 4years so only option is asking lowell, wont hold my breathe on them though.

Why would lowell offer to reduce the debt in one of them letters by half if it werent s.b

[MIKE770]

Re: ccj on credit file

they do on occassions. but priority id them to prove their statement of payment? non nonsense with them/

[pel007]

Re: ccj on credit file

Ok will get her to call them now. If she has to pay it then she will but the 1458 not 1861, even the judge said to try settle with them at the original debt

[Amethyst]

Re: ccj on credit file

Hi Pel,

Just making sure we're on the right page here ( I'll read back the older posts)

So your wife has a judgment against her following the hearing for their claim in 2016. The judgment amount is £1458.28 and it was ordered 'forthwith' ? You applied to set it aside. That application failed ?

She has attempted to arrange installments with Lowell but they have refused.

What are they back in court for in 2 weeks ? Has she applied for a variation ?

[Amethyst]

Re: ccj on credit file

Also what chances do you think she has as the judge adjouned it and asked for payment statement. The solicitor had it sent to her on her laptop and showed the judge. My wife has not been given a copy of this and only had a brief look when it was shown to the judge on laptop. As they had that my wife said it must be true but she still dont remember making the payment

So the set aside hearing has been adjourned for 2 weeks for Lowell to evidence the July 2010 payment ?

[pel007]

Re: ccj on credit file

So the set aside hearing has been adjourned for 2 weeks for Lowell to evidence the July 2010 payment ?

Yes they didnt submit evidence of any payments when she went to court so judge was adjourning for them provide. Judge said to my wife as it seems like it aint s.b to negoitate with lowell to settle. While my wife was about to do that. The lowell solicitor said she had the statement emailed over and shows payment july 2010. My wife dont remember paying this. The solicitor said she acts on behalf of lowell so they will be in contact to sort out. My wife got a letter with a tomlin order to pay 1861.

She just called them and asked have they proof of the payment they say and man said they would have to contact shop direct for that information. She also said that she would not be willing to pay 1861 but the original debt of 1458 at 50 a month and they would remove the ccj. They will send out paperwork with a tomlin order. What are you thoughts, thanks

[Amethyst]

Re: ccj on credit file

Has she tried contacting shop direct at all throughout this to find out when she last made a payment? If they do have a record ask date, time, method, amount.

If the Lowell Solicitor told the court she had had a statement emailed over showing the July 2010 payment, then why haven't they just produced that as evidence for the order? And why are Lowell saying they don't have it and are going back to shop direct for it?

Try find out what you can, including having another go with your bank for a statement from say May / June / July 2010.... while you wait for the tomlin to come through.

When was the account defaulted? 2009 ?

Have they provided the agreement, default notice and notice of assignment at all ? have you asked for them or was it all just on the statute barred issue?

When was the original claim issued?

I wouldn't leap into settlement just yet.

[pel007]

Re: ccj on credit file

No wife only contacted lowell once she see ccj

Wife said solicitor had email on her laptop that had a statement with shop direct on top. Things do sound a bit funny. Wife gets very flustered and stressed about it and because of it was going to accept it but i talked her round and told her to argue it. They said they have the statement but not the information to say who or how it was paid.
What makes me wonder is when she questioned them about it they were then willing to reduce the amount to original debt which they wouldnt before.

My wife believes default was in 2009 but they are saying july 2010

The only things they have provided was letter from shop direct saying its being assigned to lowell and a letter dated same day from lowell saying they have been assigned. Only other evidence is the letters they say they sent asking for payment.

[pel007]

Re: ccj on credit file

[MENTION=6]Amethyst[/MENTION] quick update, wife phoned them back and asked for a copy of the statement but all of a sudden the person dealing with it has gone home so to ring monday.

Even better news is my wife came home from work and cos stressed decided to have a spring clean and pulled apart our room and came across a box with letters from our old place we didnt even know we brought with us. She found statements from very for 1st of may, june and july 2010 saying she had not made a payment. also on the 1st may statement it says she had missed the previous months payment and was in arreas so by going by that her last payment would have been march 2010.
on the 24th july 2010 statement the total was 648.39

We also found a letter dated 23rd august 2010 from a company called nationwide debt recovery limited saying thankyou for your payment. Regular payment expected 100.00 with a balance of 1119.15

As we have found these, would this now confirm there was no payment in the july and could they be in trouble for making this up?

[pel007]

Re: ccj on credit file

Reading that letter from ndr again its saying the arrears were 91.13 and in july the arrears were 191.13 my wife said she dont remember making that payment so will have to wait till monday to get the copy of statement from them.

One thing i cant work out is how the balance goes from 648 in july to 1119 in august

[MIKE770]

Re: ccj on credit file

NDR are shop direct in house debt collection department

[MIKE770]

Re: ccj on credit file

shop direct where there is a problem usually at selling debt off time do credit default charges etc then next day or so reintroduce to the amount being sold off , must be a tax avoidance scheme ? makes you wonder as they would not tell me why the amount of defaults credited then next day debited again then sold off, also they ignore being asked why payments have not been credited to account after proving their receipts for them