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  1. #1
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    Default ccj on credit file

    Hi my wife today checked her experian file and was shocked to see she had a ccj on there. The ccj is in her maiden name and has our old address, it does not say who the debt was suppose to be with. She called northampton court to find out what it was for and they were unhelpfull and told her she has to pay 255 to appeal to set the judgement aside. The man said my wife must have recieved letters through the post which she has not. We have lived here 2 years, she is on electrol roll.
    Can anyone help with any advice

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    Default Re: ccj on credit file

    Quote Originally Posted by pel007 View Post
    Hi my wife today checked her experian file and was shocked to see she had a ccj on there. The ccj is in her maiden name and has our old address, it does not say who the debt was suppose to be with. She called northampton court to find out what it was for and they were unhelpfull and told her she has to pay 255 to appeal to set the judgement aside. The man said my wife must have recieved letters through the post which she has not. We have lived here 2 years, she is on electrol roll.
    Can anyone help with any advice
    Hi,

    The court staff should be able to tell you who claimant was, so phone again tomorrow and ask to speak to a court manager.
    When was the judgment recorded?
    Trust online may give more info there is a charge for each address searched.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    Default Re: ccj on credit file

    Quote Originally Posted by nemesis45 View Post
    Hi,

    The court staff should be able to tell you who claimant was, so phone again tomorrow and ask to speak to a court manager.
    When was the judgment recorded?
    Trust online may give more info there is a charge for each address searched.

    nem
    Wife is going to call again tomorrow. She was told that the claimant had bought the debt in march and the judgement was 14th april.
    Could she get this debt set aside as 255 is quite a sum also especially as she had no court summons or any letters.

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    Default Re: ccj on credit file

    Quote Originally Posted by nemesis45 View Post
    Hi,

    The court staff should be able to tell you who claimant was, so phone again tomorrow and ask to speak to a court manager.
    When was the judgment recorded?
    Trust online may give more info there is a charge for each address searched.

    nem
    She just called court again and the debt is for shop direct which she thinks is a account she took out with very before she started working and defaulted shortly after, which would have been 2008/09. They said lowell portfolio bought the debt and started court proceedings march 16th and judgement was april 14th as she didnt respond but she couldnt respond because they were sending it to the wrong surname and wrong address

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    Default Re: ccj on credit file

    Quote Originally Posted by pel007 View Post
    Wife is going to call again tomorrow. She was told that the claimant had bought the debt in march and the judgement was 14th april.
    Could she get this debt set aside as 255 is quite a sum also especially as she had no court summons or any letters.
    Most of the debt purchasers (Cabot, Lowell) rely on the failure of "so-called" debtors to contest their claims.
    85% don't contest!

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    Default Re: ccj on credit file

    Quote Originally Posted by pel007 View Post
    Wife is going to call again tomorrow. She was told that the claimant had bought the debt in march and the judgement was 14th april.
    Could she get this debt set aside as 255 is quite a sum also especially as she had no court summons or any letters.
    Good morning,

    Once we know the name of the claimant it's possible we may be able to help you approach the claim with a view to getting the judgement set aside by consent because the claim was never received.

    It will be necessary if the above is successful for you wife to show that she has a defence to the original claim that has a " reasonable " chance of success.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    Default Re: ccj on credit file

    Quote Originally Posted by nemesis45 View Post
    Good morning,

    Once we know the name of the claimant it's possible we may be able to help you approach the claim with a view to getting the judgement set aside by consent because the claim was never received.

    It will be necessary if the above is successful for you wife to show that she has a defence to the original claim that has a " reasonable " chance of success.

    nem
    Hi nem did you see my other reply regarding her calling today.
    Its with lowell who bought off shop direct

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    Default Re: ccj on credit file

    Quote Originally Posted by pel007 View Post
    Hi nem did you see my other reply regarding her calling today.
    Its with lowell who bought off shop direct
    OK found it.

    Was the claim addressed correctly to your current address do you know?

    nem

    - - - Updated - - -

    Quote Originally Posted by pel007 View Post
    Hi nem did you see my other reply regarding her calling today.
    Its with lowell who bought off shop direct
    OK found it.

    Was the claim addressed correctly to your current address do you know?

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    Default Re: ccj on credit file

    Quote Originally Posted by nemesis45 View Post
    OK found it.

    Was the claim addressed correctly to your current address do you know?

    nem

    - - - Updated - - -



    OK found it.

    Was the claim addressed correctly to your current address do you know?

    nem
    No it was to our previous address. We have lived here 19months now and had nothing sent here.

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    Default Re: ccj on credit file

    Quote Originally Posted by pel007 View Post
    No it was to our previous address. We have lived here 19months now and had nothing sent here.
    Ok, I suggest writing to Andrew Bartle Chief Operating Officer of the Lowell group at their Ellington House address request that they agree to have the claim set aside as it was wrongly addressed so your wife had no chance to defend the claim.

    Also I suggest you make a CCA request to Shop Direct for a copy of the agreement, see "green box" above for the template.

    There is a £1 statutory fee to pay use a Postal Order marked " For Statutory Fee Only" use signed for post.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    Default Re: ccj on credit file

    Quote Originally Posted by nemesis45 View Post
    Ok, I suggest writing to Andrew Bartle Chief Operating Officer of the Lowell group at their Ellington House address request that they agree to have the claim set aside as it was wrongly addressed so your wife had no chance to defend the claim.

    Also I suggest you make a CCA request to Shop Direct for a copy of the agreement, see "green box" above for the template.

    There is a £1 statutory fee to pay use a Postal Order marked " For Statutory Fee Only" use signed for post.

    nem
    Ok will get her to do that now
    What if they decide to not set aside which i doubt they will

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    Default Re: ccj on credit file

    Hi its been a while since last wrote. Wife wrote to lowell but no response. Today we recieved letter, notice of issue of warrant of control.
    It says "you have not made payment under the judgement as you were ordered. The credittor has therefore asked for a warrant to be issued to the bailiff to seize and sell your goods. Unless you pay the amount due to the county court before 25th march 2017 the bailiff will call and may remove your goods for sale at public auction. This may mean that you will have to pay further costs.

    Would be gratefull for any help

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    Default Re: ccj on credit file

    Did you not follow up with an application to the court to set aside the judgment?

    You need to sort this out now, either by making an arrangement to pay, applying for variation or redetermination of the judgment amount, or by applying to set aside the original judgment.

    Do you know anything about what the judgment was for ? Did Lowell not respond to you at all ? How much is it approx?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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    Default Re: ccj on credit file

    No we didnt. To be honest have had alot on which has been stressful like our daughter trying to commit suiside so you can imagine this has been last thing we wanted to think about.

    We know its for a debt she had before we were married which we have been married 11 years now. The debt should be statue barred as there was no communication all that time. And no lowell did not respond to her letter only a letter the other day threatning with bailiff then this letter today. Its for £1,681.
    My wife has tried to contact dartford county court this morning but they dont answer

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    Default Re: ccj on credit file

    As we think the debt is SB what and how should we go about defending this. Sorry that we dont much about what to do, thanks

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    Default Re: ccj on credit file

    It is likely to be at Northampton County Court Business Centre rather than Dartford, as it was a default judgment.

    Do you know what date the CCJ was issued? April 2017 ? If so and you hadn't paid anything or had contact with the original credit for more than 6 years before April 2017 it is likely to be statute barred.

    Did you ever send the CCA request to Shop Direct ?

    Whichever way you decide to go you will need to contact Lowell - either to tell them you will be applying to set aside the Judgment and that the warrant of execution should be stayed. You may be eligible for fee remission from that £255 https://formfinder.hmctsformfinder.j.../ex160-eng.pdf - or to negotiate a repayment by installment of the debt.

    Set aside application will likely involve a court hearing, and you will need to show you have a reasonable prospect of success at defending the claim ( so statute barred prior to the claim being issued ) and show that you did not receive the court papers. The down side of your situation is that a set aside application should be made promptly, however you may be okay with that considering the issues you have had over the last year.

    The other thing you can do is apply for variation or redetermination of the judgment (and suspension of the warrant of execution (ie the bailiffs) )- this would be submitting your income and expenditure to the court and asking them to order installments at an affordable rate. Form N245 - see https://formfinder.hmctsformfinder.j...k/n245-eng.pdf . It might be worth talkimng to Lowell first to see if you can just organise it with them but if they won't accept an affordable figure then you might have to ask the court to set the payments based on your circumstances. That's likely to be the least stressful tbh.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Default Re: ccj on credit file

    the ccj was issued april 2016 and had no contact with them at all for over 6 years.

    No never sent cca to shop direct, only letter to lowell last june.
    I think we would prefer to go down the route of having it set aside
    Do i need to speak to court to do this or fill in a application

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    Default Re: ccj on credit file

    Also should we now send cca to shop direct and regarding telling lowell about my wife application to set aside and warrant stayed do we do this by phone or letter? Thanks again

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    Default Re: ccj on credit file

    Hi this morning my wife contacted lowell and they told her that she would have to contact lowell solicitors as they are dealing with it.
    She contacted them to say she is applying to have set aside and could they have warrant stayed and he said no its not as easy as that, you need to pay us fee of £179.25. My wife said no and he then asked her if she wants to set up a payment plan so she said no that she is applying to set aside.
    He then said speak to the court and ask them but u need to fill in a n245 and pay £50

    Any help where to go from here would be grateful

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    Default Re: ccj on credit file

    @Amethyst @nemesis45 if either of you could advise what to do thanks.

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    Default Re: ccj on credit file

    Sorry to go on but just seen on another post we should send witness statement , draft order and draft defence, any chance of some help with this, thanks

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    Default Re: ccj on credit file

    No idea what his fee of £179.25 is, so glad your wife said no to that.

    The basics on the set aside are http://legalbeagles.info/forums/show...lication-notes - if you want to have a bash at a draft we can give you a hand fine tuning xxx You need to be certain of the dates - last contact/payment with shop direct must have been probably at latest December 2009 (if the judgment was April 16 then the claim was likely issued January / Feb 2010 )

    Did you have a look at the fee remission side of things? If you apply 'without a hearing' you might be able to pay £100 but it would be better with a hearing so if you do get fee remission all the better.

    Once the set aside app is done you can send a copy of it to Lowell Solicitors.

    Don't worry about shop direct at all at the moment, other than if you are unsure of dates you could try checking with them.

    The CCA request (which would go to LOWELL) will need to wait until after the judgment is set aside ( as there is no obligation for them to comply AFTER a judgment )
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Default Re: ccj on credit file

    No idea what that 179.25 was for but was the amount on the letter she got friday which said she has to make or bailiff will come.
    Ok will have a look at them and have a go at writing them up when i get a min and see what you think
    As it was such a long time ago cant remember the dates but wife is sure she defaulted and had no contact by end of 2009 also when wife checked report sometime in 2015 the debt was not on there.

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    Default Re: ccj on credit file

    Here is draft order have wrot in { } when unsure thanks.

    IN THE Northampton COUNTY COURT

    Claim No. Xx


    BETWEEN:

    Lowell portfolio ltd

    Claimant

    - and –
    Xxxx

    Defendant

    It is ordered that:

    Upon reading the defendant's application dated {should i put the date i fill out app}

    It is ordered that:


    The judgment dated 14/04/2016 be set aside.
    The Defendant shall file and serve its Defence by 4pm on {what date should i be putting here}
    The Claimant do pay the Defendant's costs of this application to the sum of£255
    The Claimant has permission to file and serve a reply if so required.

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    Default Re: ccj on credit file

    Here is witness statement with a little help

    WITNESS STATEMENT OF (what should i write here)
    _________________________________



    I XXXXXXXXXX of XXXXXXXXXX** addressXXXXXXXXXX being the Defendant in this case will state as follows; (AM I PUTTING NAME & ADDRESS HERE)

    1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXXXXXXXXXX Judgment dated XXXXX) be set aside.

    2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –

    (a) the defendant has a real prospect of successfully defending the claim; or

    (b) it appears to the court that there is some other good reason why –

    (i) the judgment should be set aside or varied; or
    (ii) the defendant should be allowed to defend the claim.


    3. I learnt of the existence of this claim on the XXXXX when I received a letter from the Claimant requesting payment of the judgment forthwith [EXHIBIT A]* (SHOULD I PUT DATE WHEN NOTICED ON REPORT OR WHEN RECIEVED LETTER LAST WEEK)

    4. My address changed in DECEMBER 2014 and a redirection service was in place from DEC 2014 to DEC 2015.

    5. xxxxxxxxxxxxx further information about why you did not defend/acknowledge originally (SHOULD I WRITE ANYTHING HERE?)

    6: On june 8th 2018 I made a written request to the Claimant solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 4.

    7. The Claimant did not respond to my request.

    8. I therefore ask that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.


    Statement of Truth

    I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


    Signed: ________________________________

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