CCJ due to improper Lowell advice - advice would be v appreciated thank you!

[LukeS83]

Hi there,

Not sure what I can do with this one, but I want to explore if there's anything I can do with the CCJ I now have on my credit file, which I believe I have received due to the poor advice I had received from a Lowell representative (can see they're been mentioned quite a few times here!..):

Without knowing so, a CCJ was issued against me on December 10th, 2020 for an unpaid debt of approximately £2.4k.

On December 23rd, 2020 I then had a phone conversation with a Lowell representative, who explained quite adamantly that a CCJ had been issued against me, and that the only way for me to remove this from my credit file would be to pay the account balance (£2.4k) in full, on that same very day that I was speaking on the phone to the Lowell representative.

With it being the 23rd, and two days before Christmas, I explained to the representative that it would be impossible to make a £2.4k payment, due to the time/date it was that month, with only two days before Christmas. The representative was adamant that this was my only option to clear the CCJ, and with that in mind, I decided to put a payment plan in place to clear the account.

Having looked into this further, as I was hoping to submit a N443 Application outlining my neurological disorder which gravely impacts my financial understanding and way in which I communicate with others, I found that the correct process is that if the balance is paid in full within a month of the CCJ being issued, this can then be removed from my credit file - I wanted to check if that was correct?

If that certainly is the case, then a month on from December 10th 2020 would have provided me with enough time to pay the entire cost in full within the first week of January.

I'm really frustrated and upset because I do believe that I now have the CCJ on my credit file for the next six years because of the incorrect/improper advice I was given by Lowell. If it was made crystal clear to me that I could pay the balance in full within a month to remove this, I most certainly and would have been able to do so.

Does anyone have any advice with regards to what I could possibly do? I am keen to explore submitting the N443 Application to outline my neurological condition but this is also something I feel that has massively hurt this situation further.

Would appreciate any advice, comments or experience people have with Lowell/CCJ's.

Thank you,
x

[MIKE770]

Set Aside Application await others to pop in here! Celestine

[LukeS83]

Set Aside Application await others to pop in here! Celestine

(Sorry if I've posted this in the wrong area - was unsure where to post the thread! )

[R0b]

I'm struggling to see where the Lowell representative has given you improper advice. From what you described you were told to not have a CCJ you should make the payment that same day. That itself is true since you've now found out that you need to clear the amount within one month.

So you decided not to pay and instead set up a payment plan, so I don't see what the issue is. Lowell are not your legal advisors so they have no duty of care towards you so if that's your reason for setting aside the judgment, then I think you might struggle.

N443 is not going to set aside the default judgment that is a certificate of satisfaction to say that the judgment debt has been paid. If you want to look at getting it set aside then you need to make an application using the N244 form. If you are going to rely on a medical condition as part of your reasons then simply stating that will not persuade a judge, you will need some kind of medical evidence from someone who is qualified e.g. doctor or specialist who can explain that your medical condition affects the way you communicate and interpret certain things.

Just to be clear, have you now paid the £2,400?

[LukeS83]

(Sorry if I've posted this in the wrong area - was unsure where to post the thread! )

Hi Rob,

Sorry if I wasn't entirely clear, and it may just be my lack of understanding around how this all operates.

The CCJ was issued on December 10th, 2020. Am I correct in my understanding that if the full amount is paid within one month of the CCJ, then the CCJ can be removed from my credit file? In my head, I understand this as: If I had paid the full balance (£2,400) between December 10th 2020 to January 10th 2021, then the CCJ would have been removed?

If this is the formal process, then I most certainly could and would have paid the £2,400 amount on January 1st, 2021 to remove the CCJ.

However, I was told by Lowell that the only way to remove the CCJ from my credit file would have been to have paid £2,400 on December 23rd, when I was in contact with them. They were adamant in that if payment was not made on December 23rd, then the CCJ would remain in place - therefore as I was unable to make the payment in full, I decided that my only option was to set up a payment plan and have the CCJ remain on my credit file.

I think what I'm trying to say that if legally I could have had up until the 10th January to make the payment in full to remove the CCJ, then I most certainly would have done so on January 1st (my salary pay-day).

With regards to my neurological condition (I'm happy to be transparent and open with this), I have severed Adult Combined ADHD and Aspergers, which hugely affects my communication (i.e. I do have on my psychiatrists file that I am hoping to seek CBT treatment to be able to open written communications such as letters, as well as handle finances). That's something I was looking to include in my case.

I was just hoping to explore and clarify though if what I was told by Lowell was incorrect. They were very pushy, threatening and clear in that the only way to remove the CCJ was to have paid it in full on that date (23rd). Any later - even by a day, would result in the CCJ remaining on my credit file.

Sorry - I know that's lengthy but I do hope that makes sense!

And no, the full balance has yet to be paid in full as I just wanted to clarify re: the above - however a payment plan with Lowell is currently in place to pay the balance.

Thank you for the reply, also.

[R0b]

I understand what you're saying about the conversation but I'm not convinced to that improper advice has been given. Like I said, they're not your legal advisor so you ought to have made inquiries yourself instead of relying on the very company who wants your money.

As for your condition, I'm not qualified to make any judgment and neither is a judge which is why you will need a medical expert to comment on it and how it has affected you, and then your job to persuade a judge that your condition has affected your judgment to make payment on time. Personally, I'm not convinced the two are sufficiently linked because it is your responsibility to make inquiries and consider your options so you would possibly need to show how your medical condition does not enable you to do that.

Let's say you could overcome that hurdle, the court is then left in a somewhat difficult position because if the default judgment is set aside, it reverts back to the defence stage of proceedings. Not only that, you have made an arrangement to pay which is not yet paid off and by doing this you are in effect accepting liability. The court would have to make an order to se aside the default judgment and then dismiss the claim or alternatively an order for Lowell to return all monies paid to date pending the outcome of the new trial.

Only option I can think of right now is if you can get Lowell to agree to a consent order that enables the claim to be set aside and immediately dismissed and you agreeing to pay the sum of money.

[Celestine]

I do think it is poor that Lowell did not at least let you know you had till January 10th to pay it. I would only pay such a debt if it resulted in no CCJ, By setting up the payment plan which I'm assuming is monthly payments, you still have the CCJ for six years.
You could threaten to discontinue paying but they could then come at you with an attachment of earnings, bailiffs or a charge on your home.
Try asking to speak with the Vulnerable Persons team at Lowell, they do have one! Explain about your Aspergers and your severe vulnerabilities.
They are not your legal advisor BUT they do have a very important duty of care when dealing with Litigants in Person.