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Unaware of CCJ

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  • #46
    Difficult looking up prices from 2009 but last pricing I can see on it was in 2015 for £369, so safe to estimate it was around the £400/£450 mark back in 2009. You mentioned earlier on you also bought a car seat ? Sounds like that was before the fridge, and possibly anything else before the fridge will need adding on.... it's a shame they don't give the date the fridge was purchased..only the date the account was opened and what the last purchase was of. Last payment of £15 sounds like a minimum payment amount, so possibly you had been keeping your minimum payments up until that point.

    I think you do want to wait for the info to come back from Very on the SAR to find out exactly how the debt built up to the £1495 but should likely respond to Lowell on this letter so its having a think as to whether to try to set aside to remove the CCJ ( it will be removed in 2022 otherwise as it stays for 6 years regardless ) - it would be based on the address issue - Lowell bought the debt in 2011 and took court action in 2016 so they had 5 years to trace you, so it depends if you'd have been easy to find ( electoral roll, change of name, credit file updated address etc ) and whether they made reasonable attempts to find your new address for service.

    Then you have to show there would have been a defence to the claim had you received it and that you'd have a reasonable prospect of success at defending now.

    Last payment was Jan 2010 so likely to have defaulted April time, although Lowell don't seem to say the default date. The Judgment was obtained in Feb 2016, so issued Jan 2016 so more than likely just inside the statute barred time limit.

    Account opened in 2009 so it will have been online and the agreements are pretty available. Haven't seen them have a problem providing them for the post 2007 accounts.

    At least the threat of the warrant of control is abayed for now so you don't have to worry about bailiffs as long as we keep on top of things They're aware of your circumstances, so IF you wanted to do an income and expenditure sheet and an offer pro-rata ( remembering to include everything else owed in the IE sheet ) it should be accepted.

    Of course all they have provided evidentially is the notice of assignment, nothing from Very, so I think first instance really we should go back and ask for the date of the fridge purchase and copies of the relevant docs from Very, remind them about your SAR request you're waiting for and state you are contacting stepchange/cab etc for help completing an IE sheet so that once you know more about the debt that the judgment is for you can look at making an offer. It would only ever be a minimal affordable amount.

    I'm just thinking aloud really here. My only concern about setting aside, is if you won that then just got the judgment reapplied due to no defence being available by then it would start over on the register/credit file so be there till 2025 potentially.

    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #47
      The car seat might have been from same account or not but I didn't buy a lot or often from catalogue types as they're usually fear more expensive than elsewhere so can only imagine that they've added on lots of charges. Will the SAR show all purchases and fees, charges etc?

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      • #48
        Yes it should do We can request that from Lowell as well in any case.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #49
          Hello, so finally! A response from Shop Direct... pity it's a rubbish one!

          is this just a stalling tactic or? ...
          Attached Files

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          • #50
            Possibly because it's so old, or possibly it's in your old name / details ( did you include those in your sar ?)
            On the plus side, if they can't find it from the details you have, it seems the claimant won't be able to get them either. I'd provide the info they're asking for and see if they can locate anything.

            Have you received Anything else from anywhere else ? I'll have a read back a bit later but should we be writing to Lowell ?
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment

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