Lowells CCJ sent to previous address even though they have the current address

[helen33]

Hi Amethyst, thanks for that information.

I did provide exhibits etc with my application, a copy of these was sent back to me by the court when I received a hearing date.
However, there were no further instructions, nothing to tell me what happens next. I hoped there may be FAQ on their site but there isn't.

Thanks for the example letter, I will definitely do that, didn't realise I could.
He is vulnerable and it was going to be difficult arming him with all the information

[helen33]

Good afternoon,

Thank you everyone for your help. We had the court case and we won!

Lowell's did have a representative there but they hadn't submitted any evidence beforehand so the judge (who was very nice) discounted everything she said.
What Ms Lowells claimed was a load of rubbish anyhow, and was most probably a lie. She claimed that as Lowell's had no joy contacting my son at his current address, they had contacted EE and asked for the address they had on file, and were then given our old address, which is what they used for the court proceedings. This is so unlikely to be true as my son was with EE for many years, mostly at our current address.
Also, the credit report shows that his address had been updated over five years ago, so it makes no sense whatsoever to use an old address.

The judge had basically made his mind up before any of us said anything.
He set it aside according to CPR 13.2 and when I asked about costs he awarded us £255 costs payable by Lowell.

It was all pretty relaxed but I'm glad it's over. Thanks again everyone.

[Amethyst]

That's good news - well done Did the court mention what's happening going forward ? Is is dismissed entirely or has it just gone back to as though a judgment wasn't obtained so you need to now file a defence? You should get an order through from the court - when you do you can hassle Lowell to pay the costs ( they should pay within 14 days from the hearing date, but normally don't until the court has sent out the order ).

[helen33]

That's good news - well done Did the court mention what's happening going forward ? Is is dismissed entirely or has it just gone back to as though a judgment wasn't obtained so you need to now file a defence? You should get an order through from the court - when you do you can hassle Lowell to pay the costs ( they should pay within 14 days from the hearing date, but normally don't until the court has sent out the order ).

As I understand it, the court process will now begin again, we will get sent court papers etc, we will then either pay up or file a defence.
As we fully intend to pay this (we would have paid last year had they used the correct address), is there any way we can just pay Lowell's what is owed and avoid anymore to do with the court?

[Amethyst]

Yes, once you have the order confirming the judgment was set aside you can just contact Lowell directly to settle and then to discontinue the claim.