Lowell CCJ

[Domino2112]

Hi

Looking for some next steps advice with an ongoing battle with Lowell.

Received a letter June 2017 - saying that I had a CCJ with them and that they hadn't received the payments, when would I be paying etc etc
I queried this with them as I had no knowledge of a CCJ and was told the CCJ was in place from 2014 relating to a LLoyds TSB account which had defaulted in August 1996. I've never been one to keep track of credit reports as I have had no need but following this I checked my credit file and found there was indeed a CCJ on there from Lowell for for £521.74. Confusing as every bank account I've ever had has never had an overdraft so cannot see how I would owe that amount relating to a bank account.

I informed them I had no knowledge of the account defaulting or the CCJ and asked them to send me documentation relating to it. They told me it was up to me to get the documentation, lots of arguing backwards and forwards where eventually they hung up and a few days later sent the same letter previously sent.

I sent the template letter asking for proof of the debt, which they came back and said they would get for me, then they later wrote to say as it was a bank account they did not need to provide this. Again I asked for proof as I wasn't going to pay for something which potentially wasn't for me. Everything went quiet until last week when they sent the same initial letter sent last June, I replied stating that I had previously asked for proof this belonged to me to which again they have replied they do not need to provide proof and I must comply with the CCJ or seek legal help.

Any help would be greatly appreciated as to how to proceed with this

Thanks

[Domino2112]

Can anybody help with this please?

[Kati]

tagging Amethyst jaguarsuk R0b xx

[jaguarsuk]

They are correct that they do not need to provide proof as they have a County Court Judgement against you.

Your first port of call is to contact the court to see where the claim form was sent and what this claim related to, as I assume you didn't receive the claim form?

After that you will need to make an application to the court to have judgement set aside under CPR Part 13.2 & 13.3. This incurs a cost dependant on whether the claimant consents or not, but if successful will be awarded back to you as costs from the claimant. There's more information about setting aside here: http://legalbeagles.info/forums/foru...tailed-version

Once you know what the matter is regarding and the wrong address the claim form was sent to you need to write to them to ask for their consent giving a 7 day deadline to reply. If they do not reply or refuse you need to file your application. Applications for setting aside judgements are to be filed promptly after you find out they exist (within 2 weeks is a good bet) otherwise the judge might refuse the set aside application.

[R0b]

Can't add anything more to what JaguarsUK has said other than it's been a year since you first became aware and did nothing about it, so that's the risk you take if you decide to make an application to set aside.

[Domino2112]

Thanks for the replies. I have been trying to get confirmation from Lowell that the information they were giving me was true at all after reading numerous stories about their practices. I will follow the steps suggested and see where that takes me.