Please help ! Ccj

[Shann23]

Hi, I am asking for help regarding my daughter CCJ, she have ccj on her name from March 2023 which she was not given a chance to answer. Although she had contacted Lowell/Overdale and she was told they will send her claim form which she never receives. I as a parent would like to help her to offer a full and final settlement but not sure how. Can anyone help me with the letter please.? Thank you all so much

[JK2054]

Hello,

You have two options here, set aside or pay and satisfy it.

However, you say she wasn't given a chance to answer it which suggests she didn't get the claim form. If so she should apply to set the judgement aside on the grounds she didn't get the claim form.

Please can you confirm if she received the claim form but did not respond, or if she never received the claim form.

I can then advise further.

[Shann23]

Hi thank you for your reply, no she didn’t get the claim form and was not able to reply. Do we have to pay to set it aside? Thank you and sorry for the late reply.

[JK2054]

Hello,

You'll need to pay £275 to set it aside but if you are on low income you won't need to pay this fee. I've left a link to the gov website on fee remission

Please can you tell me why she did not get the claim form. For example was it served to an old address or was it just a case of it being lost in the post?

To try to help you as fast as possible I'll respond to both options below:

If it was served to an old address but the claimant knew your new address, you'll likely get back any fee paid. If they didn't know then I can't really say if you will get the fee back as it will be up to the judges discretion much more.

If it was lost in the post, you will be unlikely to get your fee back because the other party didn't make an error, and courts tend to take a newer, less helpful view for any court errors placing the fee burden on the party that pays it, and not asking the other side to pay it even if you win.

If you get fee remission you should apply anyway as there will be no worry for whether you get the fee back or not.

[Shann23]

Hi again, I am so sorry it took a long time for me to reply as I have been working so much to be able to survive. Honestly I don’t know how and why she didn’t get the letter. All I want to do for her is just to end this as its affecting her mental health. I’ve been there before and it was not a nice situation. I would I appreciate it if you could help me to just satify her ccj. Setting it aside means we have to pay and I would rather use that to for payment. I am really thankful for this group as it helps a lot of people and it helped me in the past.
hank you again JK2054 .

[PallasAthena]

You say the CCJ was issued March 2023. Is that correct or was it this year, 2024?

When did your daughter first become aware that the CCJ had been issued?

Have Lowell/Overdale contacted your daughter since the CCJ trying to enforce it? When?

[JK2054]

Hello,

No need to worry about the delay.


Are you saying you would rather pay it then pay to set aside the judgement?

You seem to indicate you are working a lot, if so It gives me the impression you will be able to qualify for help with fees that means you don't need to pay.

Did you look to see if you qualify for HWF?

[PallasAthena]

Whether there has been a delay applying for set aside does matter because in deciding whether to grant a set aside request a judge must consider whether the request has been submitted "promptly". CPR 13.3 (2)

[JK2054]

i meant the delay in OP reply.

if they're working and have kids with MH finding time is probaly quite hard.

[Shann23]

PallasAthena Hi , yes CCJ was issued last year. And yes my daughter contacted them because of the letter regarding the enforcement. She is having a hard time dealing with them thats why I decided to help out.

JK2054 yes I am working day and night to survive. Only 3-4 hrs of sleep most days. I am not healthy but trying to survive. Yes I really want them to leave her alone as she’s been crying and having sleepless nights over them.

I really appreciate you all taking the time to help me.

[PallasAthena]

Did you check whether your daughter would be entitled to get help paying the £275 to apply for a set aside (post #4)?

I'm not clear from your later posts whether you are still considering applying to set it aside but if you are bear in mind that as 15 months has gone by since the CCJ in 2023 a judge might refuse the application on the grounds that your daughter hasn't acted "promptly" enough. She wouldn't get her £275 back if that happened. And in any case even a successful set aside only puts her back to the start of the process so there would be little point unless your daughter might have a defence against the claim if Lowell/Overdale's response to a successful set aside were simply to bring the claim again.

So if what your daughter now wants to do is make a settlement offer have a look at these National Debtline pages with advice and a template letter that she would need to modify for her circumstances. She will have to make the offer herself although of course you can help her write it.

You can make a F&F settlement offer on a debt for which a CCJ has already been issued but if accepted it will not remove the CCJ from your daughter's credit reference agency records. It stays there for 6 years from date of issue.

Fact Sheet - Full and final settlement offers | National Debtline | National Debtline

Sample Letter - Settlement offer | Sample letter | National Debtline | National Debtline

What steps have Lowell/Overdale taken since March 2023 to enforce the CCJ against your daughter?

[JK2054]

Did you check whether your daughter would be entitled to get help paying the £275 to apply for a set aside (post #4)?

I'm not clear from your later posts whether you are still considering applying to set it aside but if you are bear in mind that as 15 months has gone by since the CCJ in 2023 a judge might refuse the application on the grounds that your daughter hasn't acted "promptly" enough. She wouldn't get her £275 back if that happened. And in any case even a successful set aside only puts her back to the start of the process so there would be little point unless your daughter might have a defence against the claim if Lowell/Overdale's response to a successful set aside were simply to bring the claim again.

So if what your daughter now wants to do is make a settlement offer have a look at these National Debtline pages with advice and a template letter that she would need to modify for her circumstances. She will have to make the offer herself although of course you can help her write it.

You can make a F&F settlement offer on a debt for which a CCJ has already been issued but if accepted it will not remove the CCJ from your daughter's credit reference agency records. It stays there for 6 years from date of issue.

Fact Sheet - Full and final settlement offers | National Debtline | National Debtline

Sample Letter - Settlement offer | Sample letter | National Debtline | National Debtline

What steps have Lowell/Overdale taken since March 2023 to enforce the CCJ against your daughter?

she didnt get the claim to reply though so she can just say acted promptly since discovering CCJ surely?

[PallasAthena]

she didnt get the claim to reply though so she can just say acted promptly since discovering CCJ surely?

If OP's daughter has only just discovered the CCJ she could say that, I am just flagging the issue to the OP to be aware of. We don't know when they first became aware of the CCJ. And if a set aside were successful and Lowell/Overdale's re-started the claim is OP's daughter's defence likely to have a realistic prospect of success?

The point may be academic anyway as OP's preference is to negotiate a settlement not go for a set aside.

[JK2054]

Yes that's a good point actually, although I'm not sure why, overdales and lowells almost always have errors with thier case they are just hoping go unnoticed.