Unaware of CCJ

[Blossom71]

Hello

I've had a 10 year (ish) battle with debt.

1 minute I was a working, home owning married mum - the next a pregnant, divorcing, grieving (for parents) mum who had to give up her job as her 13 year old daughter suffered a Stroke,
(she will be disabled for life and I'm a full time carer getting income support and carers allowance)

Payments defaulted - poop hits fan.

Some debts ware cleared when I got a small divorce settlement.

HOWEVER - today, I've received a letter from Lowells, stating that I've failed to make payments under the CCJ - I didn't know I had a CCJ as this has (it seems) gone to a previous address and my previous married name.

The original catalogue goods were around £300 (it was a fridge freezer and baby car seat I think) asnd this Lowells letter is now asking for £1954.45.

I've made no payments or contacted shop direct since probably 2009.

Feeling panic stricken and not knowing what's the best thing to do but don't want to do nothing.

Thanks

[Amethyst]

Well, your walls fell down didn't they... I think a pesky CCJ for a catalogue is probably a minor issue to deal with in comparison so please don't panic xxx

Does the letter from Lowell give the claim number of the CCJ on it or tell you the date the CCJ was obtained ?

You'll need to get that information to be able to contact the court and ask for a copy of the claim and the judgment order so you can apply to set it aside ( remove the CCJ so you can then defend - or negotiate a settlement ), but even if you don't want to have the judgment set aside and just sort out paying the judgment in affordable installments, you'll want to have the claim number and as much detail as possible so you know exactly what the debt is/was and how the heckerslike it went from £300 to nearly £2k !

Does the CCJ show on your credit file at all ? ( checking on Noddle is normally quickest and free )

Also, if you can, check records to see if the catalogue was one of the ones you settled with the divorce settlement.

[Blossom71]

Hi Amethyst

Thanks for your reply ... oh yes! Every wall came down and then every time I rebuilt one, someone would TNT it. My life story would be a whole weeks worth of Dr Phil specials.
1 half of my brain is thinking 'this too shall pass' while the othger side is running around screaming and deciding if gin or running away would help! I don't drink & couldn't run for a bus so I have to a grown up and deal with it but, even as an educated woman, it's all confusing and scary and I can fully understand how people take drastic ways out.

I've used Clearscore, which tells me I have a CCJ issued in February 2016!!

My ultimate fear is Bailiffs turning up. (Long story short) This is especially frightening as we had to flee my marital home as a strange man was exposing himself repeatedly to my then 13 year old daughter just 6 weeks after she left hospital following the Stroke, he tried to get into my daughters bedroom window and on Police advice we had to get her out for her safety. Home has only recently begun to feel truly safe again.

in answer to your question - the letter states a Lowell ref # - a claim # - original account number.

Thanks

[Blossom71]

Sorry - doing this on a mobile phone and autocorrect is duffing up words!

it's not a debt settled with divorce settlement - I had help to deal with them from CAB and prioritised overdraft, credit card etc

[Amethyst]

Okay, that's fine.... though Catalogues are often a much higher interest rate then credit cards but that's CAB lol.... so you okay using the phone ? ( not being patronising, I went through a long period when my walls fell down where the thought of picking up the phone filled me with terror - so just checking )

If so, can you give Northampton CCBC a call ( County Court Business Centre (CCBC): 0300 123 1056 Money Claim Online (MCOL):0300 123 1057 ) give them the claim number and your details and ask if they would be able to send you a copy of the claim, explain you have just found it on your credit file, you hadn't received it because you'd moved house and want to look at applying to set it aside.

Annoyingly it depends who you get whether they will just email it to you or not, and they might just say ring the judgment holder - but I find it's best to try and get the details from the court first.

Otherwise they have an email address on here https://courttribunalfinder.service....ss-centre-ccbc ( the ccbc one is best but they aren't the speediest to respond )

Then we'll need to see a copy of the claim particulars, judgment and the letter you got from Lowell ( cover over personal info ) then we can put together a reply to Lowell to request their consent ( which they'll likely ignore or deny but it's just part of the process that needs doing ) and potentially start drafting a set-aside application ( and possibly an application for fee remission ).

We should also send a Subject Access Request off to Shop Direct to find out about the history of the amount claimed. Do you recall which catalogue it was ? Very ? Isme ? Littlewoods etc ?

IT's all just a process, nothing is personal, and as long as you don't just stick your head in the sand, you won't have bailiffs anywhere near your door.

[Blossom71]

On hold to CCBC number now ... 38th in the queue! Estimated wait time of 48 minutes - if the will to live was ever to be tested, this would be it.

Thank you for your help x

[Amethyst]

Urrghhhhh to be honest I'd leave it till the morning, they close at 5 .... at least it's an improvement they tell you how long you're going to have to wait now, they never used to. Have they improved the music ?

[Blossom71]

No the music is still mind numbing but they do kindly change the message at 4.45 to say ' even though you've been on hold for 30 minutes already, we shut at 5 so you may as well hang up' ...

[Amethyst]

you have to love the court service... it's even more annoying that you can wait for ages, then when you get through you end up with someone who simply doesn't want to help you.

You can email them though they aren't quick to reply, or just give it another go in the morning on the phone

Do you want to post a pic of the letter Lowell sent you btw ( cover personal info) and we can put a reply together so you aren't worrying they'll try to go to enforcement as they haven't heard from you.

[Blossom71]

Thank you SO much! I honestly can't express how much I appreciate this support. I don't have any living family, just my children and close friends are a thing of the past too (being a carer for your own child/loved one is very isolating, due to lack of time, energy & fun money) Thank you! Xx

[Blossom71]

While I was registering for experian - this came up (attached screen shots) These accounts are very definitely not me! Should I be concerned?

[Amethyst]

Hmmmm. Have you got Noddle set up at all ? ( that's callcredit's free version )

( If you're registering for experian check you don't end up using the pay service - use MSE Credit Club ( experian but free - but if it;s also asking the same questions that you can't answer because you don't recognise the accounts we'll have another think )

There's also Clearscore - which is equifax free version.

It might be that this judgment isn't for your account at all.

Have a look at those and I'll do a quick response to Lowell so they are being dealt with

[Amethyst]

It'll be okay to hang on to speak to the court and figure out what's going on with your credit file & check the trustonlie register of judgments in the morning first, then we can amend. But as a start....

YOur name
Your address

19/09/2018

Lowell Portfolio I Ltd
Ellington House
xxxxxxxx
xxxxxxxxx etc

Dear Lowell,

Reference xxxxxxxxxx- Claim Reference xxxxxxxxxxxxx

I am in receipt of your letter dated 13/09/2018 regarding a County Court Judgment you have obtained against me, apparently with regards a Shop Direct account. This is the first I have heard of any County Court claim and as you can imagine I am incredibly concerned about the contents of your letter. I have had a Shop Direct account in the distant past, however I am not aware of any outstanding balance and certainly nothing near the £1900 you have claimed.

I would be grateful if you could send me a copy of the original claim and judgment, and any further details about the account to which the claim relates so that I can consider my position potentially with a view to applying to the Court to set the judgment aside.

I'd appreciate if you could put the account on hold in the meantime. It is quite distressing to think that while I try and work out what this is and find out what to do you may instruct bailiffs to visit my home. I do not own my property and I am currently not employed, due to being sole carer to my disabled daughter.

I have contacted the Northampton County Court Business Centre and they are sending me a copy of the N244 and EX160 application forms ready to complete once I have obtained the details of the claim from yourselves. Nothing appears on my credit file or the Register of Judgments as far as I am aware.

If you could respond within 7 days it would be appreciated.

Yours sincerely

xxxxx

[Blossom71]

Thanks Amethyst

I'm at a hospital appointment In Birmingham with my daughter for pretty much all of today so not sure I'll get through to CCBC, I'll try but depends on the wait time x

[Blossom71]

Managed to get through! Said to call Lowells and that it would be £10 to send me a copy but she could email me the info.

Is this what I needed?

Thanks