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Ccj from lowell

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  • Ccj from lowell

    I have just found out that I have a ccj on my credit report from 2016. I only found out as I applied for a remortgage and was refused due to this. Looking into it it was registered at my old address that I moved from 6 months before the claim date. Having contacted the court I found it was lowell who had issued the ccj. So on contacting them for more info as I don't recall having a debt of £505 they have told me it was a shop direct account. I don't recall having any outstanding debts to this company and I certainly haven't made any payments to these in the past 8 years as that is when I split up from my now ex husband and changed my bank account details. I never received any court forms as I didn't live at the address and obviously didn't inform these people that I had moved as I wasn't aware of the debt. Im looking for some advice on what to do next as I obviously want to try to have this removed as I don't believe it to be mine and I know that I haven't either acknowledged or paid anything in over 8 years.

    any advice would be appreciated.
    thanks
    Tags: None

  • #2
    Shop Direct are the owners of Studio, so have you ever had a studio account?
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

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    • #3
      No never had an account with studio

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      • #4
        Your priority is to get this Default Judgment (CCJ) set aside which requires an Application to the court which must be done promptly.

        You need to gather the information to demonstrate that the claim was served incorrectly.

        You need evidence that you were living elsewhere when the claim was served, and ideally evidence that the Claimant would/should have known that if they had carried out due diligence.

        You will also need to start thinking about what you would include in your draft Defence to file with the set aside Application.

        If you are successful with your set aside you may be able to rescue your remortgage rejection. I would mention that issue in the Witness Statement with your set aside Application.

        Di

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        • #5
          Thank you for your reply. That is really helpful. Do i need evidence that i haven't made any payments or is that for them to prove otherwise. The reason i ask is because ot would be difficult for me to obtain bank statements dating back 9 years due to it being registered in 2016?

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          • #6
            So just to add to this as I am trying gain as much evidence I have sent a SAR request to shop direct and lowell as I really have no idea about this debt. I made a point that I did not acknowledge the debt on the request too. I am very shortly going to complete a n244 to send to the court to ask for it to be set aside. Any advice on of this is the right thing to do would be appreciated. Thanks

            Comment

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