CCJ Filed against me- help!

[Magpies1892]

Hi All,

I would really appreciate any help or advice...

I have just found out a CCJ was made against me on June 20th after I started looking into mortgages. After some frantic calls and googling I found out it related to an old phone bill now in the custody of Lowell. I also found out I am too late to simply pay within the 28 days (only by 10 days!) but am desperate to find a way to have the ruling set aside...

As I believe is not uncommon, the CCJ was a default ruling after I failed to reply to a claim from Lowell Solicitors (apparently sent in May). I moved house earlier in the year and did not receive any letters informing me of the impending claim. Had I seen anything to suggest this had been escalated to this level I would have just paid the amount instantly (it's now £450 inc fees- I am not sure what the original amount was). But I had no idea- I still haven't seen any of this correspondence.

The original debt comes from a mobile phone bill from 2013-2014 which defaulted after I switched service providers and stopped using the t mobile contract without realising I needed to cancel the old contract (it was after 12 months of the contract). After it defaulted 3 times (3 months) apparently they started chasing me for the debt. I have no record of this and no memory of any such action.

I was aware Lowell (Portfolio) were chasing me for the debt some time ago but believed it to be a speculative effort that would go away given the flimsy nature of the original claim.

However it appears that on March 8th 2018 they transferred the matter to their legal arm Lowell Solicitors. I was unaware of this until I called and spoke to a lowell solicitors 'supervisor' today.

After March 8th I did receive a call in April which was apparently from Lowell Solicitors but was given no further information (absolutely none) and asked to give my details (address etc) before I could be told any more. After I refused the call ended and I was none the wiser.

I have spoken to Lowell today at length and asked for all correspondence and any other data they have on me. They have said this will be sent within 30 days and in the meantime the matter is on hold.

Since the CCJ has been passed by default, and it is over the 28 days since that judgement, is there anything I can do? I understand that a consent order could be the way to go- how would I action this?

I would happily pay the debt if that would resolve it, but would I be better place to contest the matter in some way?

Any help would be really really appreciated!

Thanks,

Sam

[Amethyst]

You will need to apply to set aside the Judgement - see Set Aside Application


You can ask Lowell to consent to the setaside on the grounds that they filed it at an old address - can you show you weren't hard to find if they'd looked? ( ie have you updated credit file / electoral roll etc when you moved ?)

Once it is set aside you can just pay it off, or you could look at defending the case if you think you have a defence. I would send a SAR to TMobile in any event to get the full details of your account and how it came to default - which might come in useful later on - Subject Access Request Letter

[Amethyst]

Paying the debt won't remove it from the credit file or register unfortunately - just have it marked as satisfied. Your mortgage company might be okay with that but you'll be penalised on interest rates etc so it is really best to try and get it removed completely. Once set aside it's like it never happened.

[Magpies1892]

Thank so much Amethyst. That's much clearer.

I did speak to Lowell Solicitors yesterday and asked if they would agree to a consent order in return for me immediately paying the debt (as I understand it the consent order would then be put before the judge so still not guaranteed but likely to be set aside with lowells backing?). It seems to me like that would be the most sensible option for all since the

However I only managed to get as far as the call centre support staff followed by their supervisor. Both were of the 'computer says no' variety and claimed not only do lowell not issue consent orders, but there was no one else I could speak to on the matter. I feel like this can't be true and there must be someone in the company capable of applying discretion? Surely that would be the best option for both parties anyway- as we both avoid getting into a protracted dispute, and they get the money straight away (which is surely all they want!). I also think if they are worried about precedent then the fact I did not receive the letters and the fact that I only missed the 28 day deadline by 10 days and immediately acted means it would be reasonable to apply discretion in this instance

Do you think it is worth me outlining the above to Lowell if I can identify the appropriate person? Who would you recommend writing to?

Just to clarify that is how the consent order works- Lowell agree and send the consent order in to the court?

If that fails and I put the Set Aside Application in myself paying the £255 do you think (appreciate you may not be able to answer this on the limited information you have) I have a reasonable chance based on the fact I didn't receive the letters alone (I don't think I have updated the electoral roll or my credit file but I can provide contracts of the house I moved into and probably the testimony of the old landlord to confirm he hasn't sent the letters on?

And sorry just two more questions..

IF the set aside application is successful then at that juncture I would decide whether to contest or whether to pay?
IF I do contest (defend) and lose will that mean the CCJ remains or will I again have the option to pay?

Thanks again!

Sam