lowell Solicitors

[joedachef]

I have had a letter from Lowell solicitors saying that they have been instructed by Lowell Portfolio for a warrant of control
They claim that it's for a CCJ from 31/07/2014-A CAPITAL ONE DEBT
It's for £972.81
I am in Experian and cannot find that CCJ-it states I have no outstanding CCJs, have asked them to check this and is it to late for the 3 letters
would be grateful for any advice

[charitynjw]

Re: lowell Solicitors

Hi

Check on https://www.trustonline.org.uk/

[joedachef]

Re: lowell Solicitors

ok its there, what the best action to take-i didn't realize I had any CCJs
cheers

[charitynjw]

Re: lowell Solicitors

Did you move house prior to July 2014?

[warwick65]

Re: lowell Solicitors

I believe not all ccjs get reported to credit agencies. As advised check trust online. Failing that you need to get details of the judgement.

As asked, have you moved. Could it be a ccj was issued at an address you have not lived at for ten years or more.

BTW the three letter process is a discredited way of dealing with debt. It never worked.

To say Lowell solicitors can never be trusted is a very dangerous attitude to have. Yes they may get it wrong and even sometimes tread a fine line between deceit and truth but to ignore them because someone says they can't be trusted is, Imo wrong and dangerous.

[joedachef]

Re: lowell Solicitors

hi there
I did move in 2013, and the ccj is at the old address in July 2014,I didn't live there then

[joedachef]

Re: lowell Solicitors

lowel are convinced that the CCJ is at my present address, according to trust online the only CCJ I have is at my previous address,I sent them a copy of the trust online findings

[joedachef]

Re: lowell Solicitors

Is it time to come to agreement with them-please help

[Kati]

Re: lowell Solicitors

tagging [MENTION=55034]nemesis45[/MENTION] [MENTION=98117]warwick65[/MENTION] [MENTION=5553]charitynjw[/MENTION] xx

[Diana M]

Re: lowell Solicitors

lowel are convinced that the CCJ is at my present address, according to trust online the only CCJ I have is at my previous address,I sent them a copy of the trust online findings

Lowells may be convinced but it's you who needs to be convinced and possible a DJ who needs to be convinced too!

Write (don't phone) and ask them to provided you with a copy of the claim form and a copy of the CCJ (Default Judgment).

Di

[joedachef]

Re: lowell Solicitors

this is a email i had from them


Thank you for your recent email.
Please note the County Court Claim form was issued to the last address we had for you on the account. Although our client performs checks using credit reference agencies, it is your responsibility to update your creditors with up to date contact details as per the Civil Procedure Rules. Therefore, legal action was issued accordingly.
As previously advised the account is subject to a County Court Judgment (CCJ) in Default on the terms of £50.00 to be paid monthly, of which you should comply. If you require a copy of the Court documentation please contact the Court by;
Email: ccbcdefendants@hmcts.gsi.gov.uk
Phone Number: 0300 123 1056, 01604 619 400
Address: 4 St.Katherines House, 21-27 St. Katherines Street, Northampton, Northamptonshire NN1 2LH
If you wish to dispute this matter further, you may seek independent legal advice. As per the below email, no further delays will be placed on the account, therefore failure to contact us within 14 days of the date of this email and subsequently failing to comply with the CCJ, may result in enforcement action being taken against you which will incur further costs.


WHAT TO DO-Make an offer or what

[joedachef]

Re: lowell Solicitors

Can anyone advise what to do DEAL OR NO DEAL with them

[Amethyst]

Re: lowell Solicitors

Have you checked on trust online at your previous address ? You should contact the court as suggested by Lowell - they should be able to send you the relevant documentation by email, you need a copy of the claim and the judgment order stating £50 per month. You can ask them if there is a warrant of control. Is there not a claim number on the warrant of control paperwork ?

You will need the claim number in order to make an application to set aside the judgment. Also you need to show that Lowell didn't run any checks before issuing the claim - so things like showing your credit file is up to date and you were present on the electoral roll before the claim was issued.... also any communications you might have had with either Capital One or Lowell following the move. Did you move before the account defaulted for example?

[joedachef]

Re: lowell Solicitors

Hi
well yes I got a copy of the court papers, and it true, they did get a CJ and the reason I didn't know ought about it was because I was not living at that address at the time of that court case
So it looks like I will have to pay, I will tell them I can't afford the £50
I am a pensioner and get pension credit, my wife works in her shop, we don't make much from the shop, do I have to include her details too
The CJ is in my name, so do I just send in my pension and pension credit details as to work out a payment plan, as the court set the payments
hope this makes sense

[joedachef]

Re: lowell Solicitors

Well decided to pay in installments, as they can send out the bailiffs