Unaware of CCJ

[Amethyst]

Fantastic Glad you got through to some one helpful. I hope everythings going okay at the Hosp xxx

Looks pretty standard. One presumes you haven't received 'repeated requests for payment' - was the claim issued at your old address do you know ? and do you know the date of the claim?

It says the account was assigned to Lowell in 2011, so I'd guess it had defaulted a couple years previously ( 2009 ?) - ahh which is about right with this

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

so if the claim wasn't issued until 2016 it may have been out of time.

[Blossom71]

I'll be honest, 2007 - probably 2012 my head was buried not in the sand but just in surviving each day with live unharmed children and a remnant of my sanity. If I couldn't pay, I just ignored letters, calls and any knocks at the door.

[Amethyst]

That's fine, and competely understandable Did the court say when the claim was issued ( or when the judgment was ) ?

[Blossom71]

Would it be this date?

[Amethyst]

Yip that'll be that judgment date, so the date of issue would likely have been December 2015... so it will rely on when the account actually defaulted however it is likely to be just inside the 6 years for staute barring tbh but that's something we can be asking Lowell.

It will have fallen off your credit file but we should get a SAR off to ShopDirect in any event to try and find out how you ended up at £1900 from what you remember being around £300 spends.

Does the claim details have the address the claim was made to ? ( was that your previous address ?)

[Blossom71]

Yes it has my old address on it ... I do have a storage box full of old debt letters, I can go through that tomorrow and see if it throws anything up? The trouble with keeping up with debts it's that they sell on your debt so often, you don't know who's who and you're scared to contact them as they then bombard you and in the position I was in, I just couldn't cope with any more.

You're wonderful! If it means anything, I'm taking it all as training so that I might be able to help others in the future. Xx

[Amethyst]

The trouble with keeping up with debts it's that they sell on your debt so often, you don't know who's who and you're scared to contact them as they then bombard you and in the position I was in, I just couldn't cope with any more.

Yip know what that's like, it's tough keeping track of everything as it all gets moved around so much. I also know how quickly these things creep up on you and what starts as a £250 limit for emergency school shoes ends up a £3k debt and you don't really know how it happened ( not that I did that or anything lol )

For now I'd get this amended and sent over to Lowell so that they don't apply for any enforcement.



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 have telephoned and obtained details of the original claim from the Northampton County Court Business Centre. It appears the judgment was obtained in default in February 2016, as was issued to an address I haven't lived at since 20** and I therefore did not receive it or any subsequent letters from the court or yourselfs until the letter this week.

I would be grateful therefore if you could send me details about the account to which the claim relates, such as any agreement or information as to how the sum claimed has been calculated, 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.

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

Yours sincerely

xxxxx

You're wonderful! If it means anything, I'm taking it all as training so that I might be able to help others in the future. Xx

Thank you and yes please stick around and use your experiences to help others, its pretty helpful in working out how to deal with your own stuff too

[Blossom71]

Thank you. Should I email that or post signed for?

[Amethyst]

I'd post it signed for if at all possible. I'm a bit nervous of opening an email line of communication, as, although things are in writing, it is too easy to just fire back a reply without thinking it through. So on paper is best.... can't end up in the spam box by accident either then.

[Blossom71]

Yes I tend to send everything signed for these days.

Right, I'll get that in the post to Lowells tomorrow!

Do I contact shop direct yet or wait for Lowells response?

[Amethyst]

Might as well send them a SAR, while you're at the post office


Shop Direct Finance Company Limited, Aintree Innovation Centre, Park Lane, Netherton, Bootle, L30 1SL.

This is the basic letter Subject Access Request Letter

[Blossom71]

Brilliant, will get those sent tomorrow.

Thank you x

[Blossom71]

Good morning, quick Q - my letter from Lowells came ffrom Lowell solicitors and a PO box address - should I send my letter there or to the Lowells portfolio address you've put ?

Thanks

[Amethyst]

Lowell solicitors for the reply letter yes best to use the address that they wrote to you from even if it's the P.O. box - all ends up in the same place I suspect.

[Blossom71]

All done & posted signed for ... now to wait!

I'm sure mine is a familiar-ish story of the times just before the 'credit crunch' - I absolutely take responsibility but also feel as though the givers of credit should take some too. I was having credit thrown at me left right and centre and it all far outweighed my meagre job share wages ... and when it's there and you're desperate, it's hard to keep it under control.

Surprisingly, RBS who were daft enough at the time to give me a credit card with a 5k llimit (which paid for my mothers funeral) have been the least bothered and said 'pay us £1 a month by DD and that's that (and I still am) and the blooming catalogue company who I owed £300ish are after blood ... is this the norm?