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Thread: Lowel portfolio CCJ shopdirect

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  1. #26
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    Default Re: Lowel portfolio CCJ shopdirect

    Lowell still have not confirmed what they are saying after 12days so am not sure what's the next step I should tell them. I have asked for a credit record and it was stated that I took out the account in 2008. And the last time I had any contact was in 2010.

    What at I find interesting is that I opened a Barclay card in 2008 as well that i didn't touch again after 2010 and when I've sent the letter that it is indeed SB they accepted it.

    I will check out set aside. What should I do next? Should I send another CCA? Am still waiting for my credit check to arrive

  2. #27
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    Default Re: Lowel portfolio CCJ shopdirect

    no 2nd CCA if you have already sent one to them , their problem

  3. #28
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    Default Re: Lowel portfolio CCJ shopdirect

    Quote Originally Posted by MIKE770 View Post
    no 2nd CCA if you have already sent one to them , their problem
    So what is the next step?

  4. #29
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    Default Re: Lowel portfolio CCJ shopdirect

    Hi eryca

    As there is now a county court judgment (by default), the CCA request is no longer applicable.
    To set aside the judgment, you will need to make an application to the court (either with or without the Claimant's.....now known as the Judgment Creditor...... consent).
    Set-aside info http://legalbeagles.info/forums/show...lication-notes
    The examples shown are for occasions when the original court claim form was served on the wrong address.
    Obviously not applicable in your case, so you will need to provide a compelling alternative reason for the set-aside (ie why you did not, or could not, respond to the claim per court instructions in the court claim pack), as well as showing that you have a defence to the original claim
    Last edited by charitynjw; 20th March 2017 at 05:39:AM.
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  5. #30
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    Default Re: Lowel portfolio CCJ shopdirect

    So if I apply for the set aside not knowing for 100% that my debt is SB and I lose can they make the payments more? Or I will be still able to pay the small amount they are asking of me now?

    Also so if it will get to county court do I need to attend on the court or they will be just going through the paperwork?am starting to get scared. Don't think I can do this on my own neither pay a solicitor to defend me ��

    - - - Updated - - -

    Also I am supposed to have 2-3more cases with them which they have denied it's SB but yet never provided any evidence. Not since 7/3/2017 anyway when I have asked for them

  6. #31
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    Default Re: Lowel portfolio CCJ shopdirect

    As previously mentioned, you need to have a viable defence, as there's no point having the judgment set aside if the eventual outcome will result in a similar decision (ie a judgment in favour of the Claimant).
    You can still write to the Claimant requesting for consent, then decide what you want to do based on their reply (set-aside with consent is considerably cheaper than without it).

    Also so if it will get to county court do I need to attend on the court
    Not necessarily, but it is advantageous to be present at the hearing.
    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

  7. #32
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    Default Re: Lowel portfolio CCJ shopdirect

    I have finally received my credit record and it only states the CCJ they have just thrown at me. nothing else. my question is if I have received a CCJ should the original record be on my credit files as well? as this is 100% expired. the previous record had shown that I took the debt out in 2008.

    if I would start paying the required amount would that mean I agree to their terms?

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