LUCAS CREDIT CCJ to wrong address.. can I apply to set aside?

[Musclenerd]

Hi,

I visited my old address to see a letter from the county court I checked my credit profile and I have an outstanding ccj on my profile now.
I did tell the creditor my new address via email but they're claiming theres no evidence of that (I do have the sent email) i guess its their word against mine.it
I'm not disputing the debt but had i have known it was going to go this far I would have sorted it...


Do i have grounds to contact the court to have the judgement set aside as it was sent to my old address?

See below the recent email from Lucas Credit...


Any help would be greatly appreciated,

thank you!










Our Reference: XXXXXXXX

Our Client: Lowell Portfolio I Ltd

Current Balance: £1,367.37



Thank you for your recent email.



Upon review of your account, we can confirm we are currently managing two accounts on behalf of our client, which have been consolidated under the reference number 270/1208208. The details of your accounts are as follows:



Our client’s reference number: 267284933, Original creditor: Vanquis, Original creditors reference: XXXXXXXXXXX, Balance: £751.70

The account was opened on 30/04/2015 with the last payment to the original creditor on 13/05/2016 for the amount of £30.00.



Our client’s reference number: 315910778, Original creditor: Capital One, Original creditors reference: XXXXXXXXXXXXX, Balance: £615.67

The account was opened on 22/12/2014 with the last payment to the original creditor on 13/07/2017 for the amount of £38.60.



We note your email to our client on 01/12/2019, however, we are unable to confirm the receipt of this email. Kindly note, we were already instructed in relation to this matter as we have been instructed since 03/10/2019.



A County Court Claim form was issued to you on 23/01/2020 to the address held for you on our records at the time, which was provided by our client.



As no response was received within the timescales set by Court, a County Court Judgment (CCJ) in Default, was entered against you on 06/03/2020 for the amount of £50.00 to be paid monthly.



As the Judgment was entered accordingly, we do not intend to set the Judgment aside at this time.



However, we will process any documentation provided by the Court.



If you wish to dispute this matter further, independent legal advice is available.



In the meantime, the balance of your account is due under the terms of the Court Order.

[Celestine]

Yes you could apply to set aside the judgment BUT you do need to provide a valid defence to show you could have challenged the claim had you received it correctly. This would cost you £255 and we have guides you can follow in the sidebar.
You should contact the creditor to discuss set aside, your email is very strong proof they were aware of your location. However, I would probably suggest agreeing a settlement on the grounds they agree to the set aside otherwise you'll still be left with a CCJ for 6 years AND paying off the debt; which hardly seems proportionate. To enforce the debt, they will have to spend money, its a relatively low amount so the choice is yours to consider, but don't just start paying until you fully understand your rights.

[Musclenerd]

Yes you could apply to set aside the judgment BUT you do need to provide a valid defence to show you could have challenged the claim had you received it correctly. This would cost you £255 and we have guides you can follow in the sidebar.
You should contact the creditor to discuss set aside, your email is very strong proof they were aware of your location. However, I would probably suggest agreeing a settlement on the grounds they agree to the set aside otherwise you'll still be left with a CCJ for 6 years AND paying off the debt; which hardly seems proportionate. To enforce the debt, they will have to spend money, its a relatively low amount so the choice is yours to consider, but don't just start paying until you fully understand your rights.

Thanks so much for getting back to me, I let them know and theyve given me 30 days to ask for the judgement to be set aside, do you think if the court does side with me that lucas credit will accept a payment plan without having to get a ccj?

Thans

[Celestine]

Big of them to give you 30 days....
If the court agrees to your set aside application, the whole case starts from scratch.
You need to follow our guide and get CPR and CCA requests submitted even though technically the creditor does not have to comply with the CCA because the account has been terminated.
You need a defence that will hold water. Why did they default? Any disputes? Have you ever requested the agreements?
The only other alternative is to request they agree to the set aside in return for settlement afterward.

[Musclenerd]

Big of them to give you 30 days....
If the court agrees to your set aside application, the whole case starts from scratch.
You need to follow our guide and get CPR and CCA requests submitted even though technically the creditor does not have to comply with the CCA because the account has been terminated.
You need a defence that will hold water. Why did they default? Any disputes? Have you ever requested the agreements?
The only other alternative is to request they agree to the set aside in return for settlement afterward.

lol I know! Acting like they're doing me a favour.

I couldn't remember the accounts at all so i've been doing a little digging...

Basically I had asked Lowell on the 14th of March 2019 to remove the capital one debt as it was a fraudulent case
I gave them an action fraud reference and they told me they would contact capital one to get any details, I chased this on two occasions and heard nothing from them (last email was me chasing in june 2019) and then forgot about it completely until recently (I have all this on an email thread) I told them I wasnt aware of the capital one card until i had checked my credit score.

The Vanquis account was me being sloppy to be honest... young and dumb no excuse but I bit off more than i could chew. Lost my job etc etc
Lucas Credit has put these two together and filed the ccj.

I've never requested any agreements apart from when I did ask Lowell to sort the capital one to which i never heard anything since apart from this CCJ
but i've never done a CPR OR CCA request. When you you say send the request do I request it from the original creditor (cap 1 & vanquis) or Lowel, or LUCAS credit who have issued me the CCJ?

Lucas sent me an email earlier today and it says "Creditor:
Lowell Portfolio I Ltd"


Thanks for your help

[MIKE770]

CCA Request

[Musclenerd]

CCA Request

Thanks, who would i send this CCA request to? The credit card provider, lowell or lucas credit who applied for the ccj?

[MIKE770]

The owner of the debt Lowells!

[Musclenerd]

Big of them to give you 30 days....
If the court agrees to your set aside application, the whole case starts from scratch.
You need to follow our guide and get CPR and CCA requests submitted even though technically the creditor does not have to comply with the CCA because the account has been terminated.
You need a defence that will hold water. Why did they default? Any disputes? Have you ever requested the agreements?
The only other alternative is to request they agree to the set aside in return for settlement afterward.

Morning, I sent off a SAR to lowell, im also going to send a CCA and CPR today
should i pull the trigger on applying for the judgement to be set aside or do I wait until i've heard from Lowell in regards to the CCA & CPR?

[MIKE770]

Celestine

[Musclenerd]

another update, got a copy of the default judgment from the court via email this morning seems just a standard stamped judgement there are no additional documents included about the actual debt, just Lowell saying i owe them £1,195.37 + £172 in costs.
I'm trying to move house (rental) so this judgement is really putting strain on my credit profile!

as these are for different credit accounts
1. being that I deny entering for the provision of credit the other I admit entering for the provison of credit
2. the judgment was sent to the incorrect address after me telling the claimant via email (which i can enclose) that I had changed address.


Would I set aside on the basis of the fact it was on an incorrect address and then in my defence ask for the case to be struck out on the basis of lack of information provided to me with the judgment and my dispute to ONE of the lines of credit?

basically using this https://legalbeagles.info/library/gu...-court-claims/
defence?

Celestine any help would be amazing

[Celestine]

I would be moving swiftly on the set aside application if they have not agreed to it yet.
Yes, fight the one account on the alleged fraudulent status, that alone gives you some defence points.

[MIKE770]

et Aside Application