Just discovered Lowell CCJ from 2018 - Can I apply to set aside?

[Ah19]

Hi,
Sorry if this is posted in the wrong section (First time poster)

I was wondering if someone could help me please. I’m desperate for some advice and would really appreciate it.

I recently got offered a job within the same organisation I work however they advised they would need to run a credit check as the new role involves an aspect of financial services. Having not checked my credit report for a number of years I decided to sign up to Experian last week and shockingly found a CCJ that I knew nothing about.

I then paid for a Trust Online search in order to obtain further information. I was able to see the CCJ was for £536 that was issued by Northampton County Court Business Centre on the 15/01/2018. I then sent a request for further information to the Courts via email to get the information in writing & also decided to call. I was able to find out that the claimant was originally Shop Direct however the CCJ was issued by Lowell and was a default judgement.

I contacted Shop Direct and immediately requested a Subject Access Request. The lady on the phone was extremely helpful and sent me emails with all the information regarding the accounts. It turns out I had two accounts and by the looks of things the one I have a CCJ for was obviously missed when paying for all the others. The last contact I had with them was in 2012 and the lady over the phone told both accounts were closed in March 2013.

Having read previous threads to get a little understanding it looks as if the last order placed with Shop Direct was around August 2012 and I made no further contact. The CCJ was issued in January 2018 so am I right in assuming it was not Statute Barred.

A little bit of a background when I was younger I got into some debts however I was very fortunate that my parents paid off all my debts before further action was taken. I then decided that I would never get myself into that sort of a mess again and sort my life out. This was clearly one that was missed and now has come back to haunt me! (Clearly deserved)

I have had no correspondence from Lowell regarding this however I still live at the same address. The date that the CCJ was issued in court I was actually sick and off work at the time (I’ve looked through my work record to see this) I also went into hospital and have a letter confirming I visited the A&E department the day before the CCJ was issued. I remember specifically because a few months earlier by dad was hospitalised for quite some time and had to have an emergency triple bypass surgery so it was a very stressful time in my life which then caused me to ultimately fall ill.

As soon as I found out I informed the organisation I work for who said they may be able to put the job offer on hold given I am able to get the CCJ removed within a number of months but ultimately said they would get back to me shortly with a definitive answer going forward.

What I would like to know is in terms of getting the CCJ set aside on the grounds of the above with regards to not receiving the letters, sickness at the time (I can get a letter from work confirming this) would this be enough to get the CCJ set aside?? Is it valid enough reasoning? Also if I was to apply for Consent to Set Aside do I contact Shop Direct again or will I need to contact Lowell? I would be more than happy to make full payment but have read that its wise to negotiate a set aside. (I’m also happy to pay the set aside fee to the court)

I feel really ashamed by the whole situation and I know ultimately I only have myself to blame for getting myself into this situation but I would be forever grateful if someone could help me with what to do next and offer me some advice

Thanks in advance

[Celestine]

Hi there and welcome

Bit of a nasty shock for you sorry.

I am trying to understand how you did not receive any correspondence from Lowell or the court at the time of the court claim. I understand that you were ill - were you not opening post or did post not arrive at all?

To set aside the judgment, you need to very quickly apply to the court to achieve the set aside, but to do so without Lowell's consent, you would need to prove you did not receive the documents AND that you have a reasonable prospect of defending the case.

I'm not sure from what you have written so far whether you satisfy either of these criteria, so please explain more.

Perhaps the simplest route may be to speak to Lowell and convince them of the reasons the paperwork was not received, explain the impact and willingness to settle. Explain that you will make an application to set aside the judgment but that you would be prepared to pay the debt in full if they consent to the set aside and remove the CCJ.