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Amelia vs Lowell - Lloyds

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  • Amelia vs Lowell - Lloyds

    Please can we ask for some help...my husband received letters from Lowell regarding a loan and bank account he had with lloyds and defaulted on due to struggling finances.
    He contacted them and agreed several times to pay by installments. They kept telling him that they would set it up and advise him of when to start paying.
    Earlier this year, he received another letter but this time telling him that the case would be dealt with by our local court. He called them as there was nothing prior to this and asked them for more details. He offered to pay £50.00 a month at this stage and again the gentlemen would not take his money but said to await details of how and when to pay. I actually took the telephone from him and asked for more details about the debt just to make sure they were not a hoax.
    Then we got another letter saying that we had to place the smaller debt of just under £2,000 on our house as they had received permission from the court and then land registry wrote to us. We signed them and returned them so they now have a stake in our home as we were unable to clear the debt.
    We are both in lower paid jobs, my husband had to change his job after his father died suddenly on my husbands 50th birthday and he could not function for months. I lost my full time job and now work part time earning a lot less.
    Today we came home to find a letter which had been posted with royal mail and franked from our local court. It says the baliff called at our address today to give my husband some papers. They did not call at our property the letter was posted...I have the envelope and there is no date on the letter.
    We called the 0844 number only to be told to call an 0300 number. The person who dealt with our call said the baliff has to come back and serve papers for an attachment of earnings. We explained that this is not a route we wish to take and how can this be without a CCJ or other action in place. She just kept saying that we needed to receive the paperwork.
    I asked her where she was and she said Leicester !! How can that be when the letter says the baliff is at our local county court. I asked her who i had called and she said HM Courts and Tribunals Service.
    I challenged her about the letter being posted, she was adament that it had been delivered and asked for the date on the letter....there is no date.
    After this we googled and one of the things it said to do was obtain credit files. I have just done that for my husband and Lowells have been searching his account non-stop !!
    To our amazement they have 2 CCJ'S recorded and we had no idea. Is this allowed?
    We do not know what to do now...please may someone on your website help us urgently.
    Thanks in advance. ....This has made us feel sick beyond belief !!!
    Tags: None

  • #2
    Re: CCJ issued against me by BW Legal/ Lowell

    Originally posted by amelia064 View Post
    Please can we ask for some help...my husband received letters from Lowell regarding a loan and bank account he had with lloyds and defaulted on due to struggling finances.
    He contacted them and agreed several times to pay by installments. They kept telling him that they would set it up and advise him of when to start paying.
    Earlier this year, he received another letter but this time telling him that the case would be dealt with by our local court. He called them as there was nothing prior to this and asked them for more details. He offered to pay £50.00 a month at this stage and again the gentlemen would not take his money but said to await details of how and when to pay. I actually took the telephone from him and asked for more details about the debt just to make sure they were not a hoax.
    Then we got another letter saying that we had to place the smaller debt of just under £2,000 on our house as they had received permission from the court and then land registry wrote to us. We signed them and returned them so they now have a stake in our home as we were unable to clear the debt.
    We are both in lower paid jobs, my husband had to change his job after his father died suddenly on my husbands 50th birthday and he could not function for months. I lost my full time job and now work part time earning a lot less.
    Today we came home to find a letter which had been posted with royal mail and franked from our local court. It says the baliff called at our address today to give my husband some papers. They did not call at our property the letter was posted...I have the envelope and there is no date on the letter.
    We called the 0844 number only to be told to call an 0300 number. The person who dealt with our call said the baliff has to come back and serve papers for an attachment of earnings. We explained that this is not a route we wish to take and how can this be without a CCJ or other action in place. She just kept saying that we needed to receive the paperwork.
    I asked her where she was and she said Leicester !! How can that be when the letter says the baliff is at our local county court. I asked her who i had called and she said HM Courts and Tribunals Service.
    I challenged her about the letter being posted, she was adament that it had been delivered and asked for the date on the letter....there is no date.
    After this we googled and one of the things it said to do was obtain credit files. I have just done that for my husband and Lowells have been searching his account non-stop !!
    To our amazement they have 2 CCJ'S recorded and we had no idea. Is this allowed?
    We do not know what to do now...please may someone on your website help us urgently.
    Thanks in advance. ....This has made us feel sick beyond belief !!!
    Hi Amelia and welcome to the site.

    Could you tell me have you moved house between defaulting on the Lloyds Loan and Current Account and the dates of the CCJ's being entered (what date do they show as being registered on the credit file?)

    They have to have had a CCJ against you in order to get the charging order on your home, but you should have received court papers and letters from the court before that happened.

    Would you still have any copies of the letters ? ''Earlier this year, he received another letter but this time telling him that the case would be dealt with by our local court.'' for instance ? Also could you type the full number that you rang ( the 0844 one and the 0300 one ) earlier.

    Was all the discussion between yourselves and Lowell by telephone?

    Try not to worry, it sounds like you've just been taken advantage of by Lowell, we'll try help you get things back on track xxx
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: CCJ issued against me by BW Legal/ Lowell

      I'm also going to move your post and my replies to their own thread called Amelia v Lowell xxx ( DONE )
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: CCJ issued against me by BW Legal/ Lowell

        Hi
        thank you so much, I am new to this site and was not sure if I posted in the right place !!
        We have not moved home and have lived here for the last 23 years.

        It says the:

        1st judgement was on 31 Oct 2013 at Northampton County Court and the Information source is Registry Trust Ltd.

        The entry for this on another page says loan default date 14/9/2009 with account updated to 22/9/2013 for £1406.00. (started 22/3/2006) They are asking for £2,853.00

        The 2nd is 6 March 2014 again at Northampton and again the Registry Trust Ltd.
        Tis one says Loan to Lowell, default date 14/7/2009 updated to 4/5/2014 (started 22/3/2007) balance £5,593.00 with default balance £5,023.

        There are numerous unrecorded searches by lowell on my husbands file.

        The debts are shown as Loan and Current account to Lowell.

        We will search for the letters this evening.

        The numbers called today are:

        0844 892 0550

        0300 123 5577

        Thank you for such a quick response.

        Comment


        • #5
          Re: CCJ issued against me by BW Legal/ Lowell

          Okay, yes those are the main court numbers.

          Did you receive the court forms ? would have been last September and this February past - they'd have looked like this

          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: Amelia vs Lowell - Lloyds

            No nothing that looked like that.

            other than the one lined letter saying a case was being dealt with by a court in birmigham and then another saying the other one was being dealt with by St Albans.

            When my husband tried to call the court in birmigham...they did not answer at any time. We then thought the St Albans one was a hoax....

            We received the land registry papers earlier this year and we got scared beyond belief and sent them back.

            All contact has been by telephone and they keep brushing us off an arrangement saying wait until we hear from them.....then we get the bombshell for land registry and today for attachment of earnings.

            Today whilst on the telephone asking about this letter to be served...the lady said that we could not make any arrangements until the papers had been served for the attachment of earnings and that an expenditure form would be enclosed and the Judge would decide how much to pay. I asked how come and she did not say there was a CCJ ...in place !!!

            They saw us coming .....

            Comment


            • #7
              Re: Amelia vs Lowell - Lloyds

              Any idea please as to what we can do now?

              Comment


              • #8
                Re: Amelia vs Lowell - Lloyds

                Hi Amelia

                Sorry been having tea and dealing with the kids.

                As you never received the court papers you could apply to set aside the debt that you will have the attachment of earnings order on. If you didn't want to apply for a set aside then the bailiff will just be serving the papers on you for the attachment of earnings - you'd then complete the forms and return them so it is best just to accept service of those.

                A set aside would have the effect of taking the claim back to the beginning of the court claim, so you could defend it or make an offer to pay that suits you. However it does have costs involved with it and there's no guarantees it would result in you being in a better position than you are now.

                The other debt that already has a charging order on I think might be past the possibility of a set aside.

                However, as well as the court papers you should have received Judgment orders telling you the court had issued a judgment in default. It sounds like you have been receiving letters from the claimant and solicitors, and the land registry, but not from the court.

                You could give the court a call, Northampton CCBC would be the best place to begin, and ask them if they have records of these two judgments, if they can tell you the address the court papers were served to and if they can send you copies of the Judgments. They may ask for a fee (I think it was about £10).

                That I think is first job.

                Next job is to send a Subject Access Request to the Claimant (Lowell) asking for copies of all information they hold about you. This would cost £10 and takes up to 40 days for them to respond. This should get you all the paperwork you need to find out what the heck happened here.

                Can you remember much about the debts, how much the credit card and overdraft on current account were before Lowell took them over ? also when the accounts were first opened ?

                We'll help you all we can just need to get a good picture of the case and what the best route for you would be.

                Try not to worry xxx Sharon xxx
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #9
                  Re: Amelia vs Lowell - Lloyds

                  Thanks Sharon. Will do this tomorrow and post what I find.

                  The loan was an overdraft initially. Lloyds then called for a review and changed it to a loan.

                  The other one was for a current account.

                  They were here opened years ago. My husband opened the current account when he was 17 !!

                  Comment

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