Lowell CCJ

[charitynjw]

Re: Lowell CCJ

What information would I need to gather from the court? As when I called last they only supplied date and company.

When I last contacted them they conducted a search & updated their records to show this had been carried out.
Had they found anything they would have sent out copies of the file (PoC, Defence, etc) gratis.
Unfortunately re that case, nothing could be found, but it was from about 4 years ago

[KyloRen]

Re: Lowell CCJ

Hi @nemesis45 @charitynjw,

So after much wait and patience I received the CCA request information from the OC not the DCA (Lowell)

Lowell were not playing ball at all and when challenged about the CCJ stated it was applied for correctly.

Yesterday I received a letter from the bank, stating the default notice date being May 2005, the judgment was applied/granted September 2013, now again when I challenged the CCJ last week from Lowell they stated it is correct and that a payment was made by me in 2008 so I asked could you tell me the account number, or bank that the payment was taken from the person stated I don't have those details I can only tell you we applied for 'x' payment and received '1' payment from you and I said well surely if you received payment you could tell me which bank and date but I could tell this person was becoming ever so frustrated telling me if I dispute it I should apply to the courts. So they couldn't tell me what date, bank or amount that was paid and honestly I have never issued any payments to the DCA and I am absolutely sure about this.

Now before I begin this; I have received the CCA from the bank stating the date for default, I have not made any payments to this account or made any acknowledgement, would I be right to say I use the CCA as my evidence and now apply to the courts to have this set aside based on it being SB? Or should I send the DCA a SAR before doing so?

Many thanks for all the help so far.

KyloRen

[nemesis45]

Re: Lowell CCJ

With regards to an SAR would/should Lowell provide me with all the documents associated to this account?

Thank you.

Yes but be aware that Lowell will not have a lot of data, it may though show up some detail of the mystery payment.

These one of payments are a speciality of Lowell's in the past claims that a £1 payment was made which turns out to be a stat fee for a CCA request made to another party.

Lowell has to prove that any such payment was made so push for proof if they have given a date check your records carefully.

nem

- - - Updated - - -

With regards to an SAR would/should Lowell provide me with all the documents associated to this account?

Thank you.

Yes but be aware that Lowell will not have a lot of data, it may though show up some detail of the mystery payment.

These one of payments are a speciality of Lowell's in the past claims that a £1 payment was made which turns out to be a stat fee for a CCA request made to another party.

Lowell has to prove that any such payment was made so push for proof if they have given a date check your records carefully.

nem

[KyloRen]

Re: Lowell CCJ

Yes but be aware that Lowell will not have a lot of data, it may though show up some detail of the mystery payment.

These one of payments are a speciality of Lowell's in the past claims that a £1 payment was made which turns out to be a stat fee for a CCA request made to another party.

Lowell has to prove that any such payment was made so push for proof if they have given a date check your records carefully.

nem

Hi [MENTION=55034]nemesis45[/MENTION],

So, I should send the DCA an SAR and specifically ask for proof of this mystery payment and only once I receive information should I follow up with applying to the court?

What is classed as evidence of payment?

Thank you once again.

Ps. When I send £10 payment for SAR should it be postal order?

[MIKE770]

Re: Lowell CCJ

tell them to prove payment i.e. how paid, cheque / cash/ postal order/ debit card etc etc, when and drawn on what account and when.??????????? these phantom payments again no doubt!

[KyloRen]

Re: Lowell CCJ

tell them to prove payment i.e. how paid, cheque / cash/ postal order/ debit card etc etc, when and drawn on what account and when.??????????? these phantom payments again no doubt!

Hi,

Can I quite openly ask them to prove the payment they claim to have been made to them in my SAR?

Thanks

[MIKE770]

Re: Lowell CCJ

SAR should show payments etc but save as to time get the request off seperatly time is of the essence

[nemesis45]

Re: Lowell CCJ

Hi,

Can I quite openly ask them to prove the payment they claim to have been made to them in my SAR?

Thanks

Yes, you require the following.

The exact date the alleged payment was made
The sum paid.
The method of payment, cash over bank counter/debit card/ BACS, Postal Order/Cheque etc.
The name of the person making the payment.

nem

[KyloRen]

Re: Lowell CCJ

Morning [MENTION=55034]nemesis45[/MENTION]

Thank you so far for all the guidance and advice, I've just printed out my SAR letter and ready to send it off but with regards to the £10 payment am I to include that as a postal order payment?

As I do not want to delay the process by them asking for payment later.

Thanks.

[nemesis45]

Re: Lowell CCJ

Morning @nemesis45

Thank you so far for all the guidance and advice, I've just printed out my SAR letter and ready to send it off but with regards to the £10 payment am I to include that as a postal order payment?

As I do not want to delay the process by them asking for payment later.

Thanks.

Yes PO is best just mark it "for statutory fee only".

nem