Lowells chasing me for catalogue debt already paid through court judgement

[SP1]

Hi - I'm new, I don't really know what information you need but I'd be really grateful for some advice. In March 2013 I received a court demand for a debt to a catalogue. This was from Lowell. I filled in all the forms and admitted some of the debt but not all of it. I had not received any reassignment letter or letters about the debt and there was no detail about how they arrived at the amount (interest or costs information) but I did have a catalogue debt that I'd not cleared so I admitted what I believed I owed. A few months later I discovered my defence had not been received and a ccj had been entered against me. I applied to have the ccj set aside, resubmitted all my papers and I attended the court hearing but Lowell did not. They sent a letter to the court saying they wouldn't attend but did not dispute the amount I admitted owing. The judge set aside the original ccj and ordered me to pay the amount I admitted owing because she said Lowell had not provide any information in their letter to show that they disagreed with the amount I admitted. I paid the amount I admitted owing within 28 days and heard nothing else. This was on 30 October 2013.
Ive just got a letter from Lowell today saying I still owe £140 plus interest at 3p a day since 30 October plus £125 court cost. They apologise for the delay in replying to the court order and say they have asked the court to issue a date by which I need to file my defence. They included in their letter a statement showing how what I owe was arrived at and a dubious copy of a reassignment letter which is not on letter headed paper and has no identification showing who it is from. It's just signed by someone in credit operations, but no company name. It looks like something they typed up yesterday!
Basically I'd like some advice about whether they can actually do this and if they can how I defend it?
Thanks!

[Amethyst]

Re: Lowells chasing me for catalogue debt already paid through court judgement

Would you happen to have a copy of the judgment order setting aside the original CCJ and ordering payment of the admitted sum ??

[SP1]

Re: Lowells chasing me for catalogue debt already paid through court judgement

Thank you for your quick response! I can't find a copy of the judgement I've searched everywhere this morning! Although I assume I could ask for one from the court next week? When I get it I could attach it for you to view. From memory I do think it said the ccj for the original sum was set aside. I was ordered to pay the amount I admitted (it was approx. £370) and if the claimant disputed the amount owed they had to notify the court within 7 or 14 days or something like that. Thanks

[Amethyst]

Re: Lowells chasing me for catalogue debt already paid through court judgement

You''ll be needing to call the court to find out if they have actually put in any application, so yes ask them for a copy of the judgement while you're at it It might cost you £10 I think though.

[SP1]

Re: Lowells chasing me for catalogue debt already paid through court judgement

£10 is a small price to get this sorted! I will contact the court on Monday and let you know how I get on next week. Thanks again!

[SP1]

Re: Lowells chasing me for catalogue debt already paid through court judgement

Hi, it's taken a while but I now have a copy of the order. It says:
upon hearing the defendant in person
it is ordered that
1. The judgement of 5 June be set aside
2. There be judgement in favour of the claimant for the revised sum of £378.92 (there are then some instalment details although I ended up paying the debt in full within 28 days)
3. The claimant to file and serve a breakdown of the sum remaining with evidence of the assignment of the sum that they claim is due from the defendant by 4pm 11/11/13.
4. The defendant do file and serve a defence by 4pm on 25/11/13

I don't have facilities to scan the document sorry.

I have now also received a court letter to say I have to serve my defence by 4/6/14.

Thanks in advance for any help or advice you can give me.

[FlamingParrot]

Re: Lowells chasing me for catalogue debt already paid through court judgement

Hi, it's taken a while but I now have a copy of the order. It says:
upon hearing the defendant in person
it is ordered that
1. The judgement of 5 June be set aside
2. There be judgement in favour of the claimant for the revised sum of £378.92 (there are then some instalment details although I ended up paying the debt in full within 28 days)

Presumably there's no CCJ on record, since you paid it within 28 days.

3. The claimant to file and serve a breakdown of the sum remaining with evidence of the assignment of the sum that they claim is due from the defendant by 4pm 11/11/13.
4. The defendant do file and serve a defence by 4pm on 25/11/13

What happened after that? Did you submit a defence?

I don't have facilities to scan the document sorry.

You don't need a scanner, you can take a picture with your phone. hoto: You may want to look at this: http://www.legalbeagles.info/forums/...r-details-safe!) :nerd:

I have now also received a court letter to say I have to serve my defence by 4/6/14.

Thanks in advance for any help or advice you can give me.

Is this the same defence you were due to file last November? What was your defence based on?

[SP1]

Re: Lowells chasing me for catalogue debt already paid through court judgement

In answer to your questions.
1. I've recently found out there are actually 2 ccjs on record for the same debt. I'm trying to sort this separately. The court 'forgot' to notify the register that the judgement of the 5 June was set aside.
the second ccj is from the latest judgement. Although I requested Lowells to notify the court that I paid the debt within 28 day on several occasion they refused to do so. I submitted proof of the payment to court but they've just told me I have to pay £15. I will do this.
2. I did not submit a defence. I thought it was ok for me wait to see if they disputed the amount the court had told me to pay. I assumed that when they didn't notify the court they had no evidence and that was the end of it.
3. This is the same defence. My defence was based on the information I had through old statements etc, that I did not know Lowell were dealing with the debt, I'd made previous payments direct to the catalogue and they didn't give me the chance to sort it out before going to court. I had said all this as my defence when I first received the court letter and for the set aside. When Lowells did not offer any further evidence after the set aside I didn't think there wasn't any further information for me to submit in my defence.
Some further points are that the evidence they have now submitted consists of one statement which I don't really understand and a letter about the assignment which is on unheaded paper with no company name etc. it looks like something they've just made up. They are also claiming interest on the debt since October. Even if it turns out that I still owe this money I don't understand how I can be charged interest for their failure to pursue the debt more quickly and in line with court orders.
i hope that explains everything!

[Amethyst]

Re: Lowells chasing me for catalogue debt already paid through court judgement

Hi SP,

Thank you for the email, and my apologies for not getting back to you sooner.

So this was a default Judgment which you got set aside and entered a partial admission on ( There be judgement in favour of the claimant for the revised sum of £378.92 ) and paid that sum. The judge ordered '' 3. The claimant to file and serve a breakdown of the sum remaining with evidence of the assignment of the sum that they claim is due from the defendant by 4pm 11/11/13.'' which they have only just done, and the court has allowed them to continue with the next part of the order ''4. The defendant do file and serve a defence by 4pm on 25/11/13'' and have given the date of 4th June for you to file your defence.

Seems pretty pointless the court setting dates if the claimants can just ignore them and pick things up again whenever. Had the claim been stayed in the meantime and had they applied to lift that stay (and did you receive notification of that).

But I suppose that's all procedural now.

So what was the amount you originally admitted and why not the remainder of the claim value ? ie. what is your defence to this last bit of the debt.

[SP1]

Re: Lowells chasing me for catalogue debt already paid through court judgement

Hi
I admitted the amount of £378.92. This was based on old bills etc that I had. It was some of the charges I disputed. I don't think the judgement had been stayed. All I have from the court is the order in relation to the set aside.
I've submitted my defence now. I've argued that the claimant should have followed the court orders, they haven't submitted their defence by the set date. The copy of the assignment letter is vague, it's not on headed paper etc and doesn't prove that they actually sent it to me, looking more closely at the statement I also realised that it is a statement for a catalogue name different to the one the letter refers to. The statement also lists all the payments I made and things I bought but says in one corner charges £519, but gives no detail about how they've been calculated. So I've asked the court to find in my favour on the basis that the claimant hasn't done anything the court requested.
I'll just wait and see what happens now
thanks