DISCONTINUED urgent re lowell and ccj

**stevemLS** · 19th May 2015, 08:47:AM

Re: please help, urgent re lowell and ccj

Hi and welcome

What precisely have you got, is it a N1 claim form (which will have other forms for you to use to respond) or is it a Judgment?

When did you move?

Roughly how much is the claim for?

I would immediately make a subject access request under s7 of the Data Protection Act to HBOS, that should get you all the personal data they hold about you, there is a £10 fee.

Are you not in touch with the other joint account holder any more?

**Maxandme** · 19th May 2015, 08:56:AM

Re: please help, urgent re lowell and ccj

Hi thank you for replying.

It it is a county court claim form that I need to fill in and return. It says it's a a n1cpc

I moved in February of this year. It says it for 352.72 but with court costs its 462.15.

no unfortunately we are not in touch at all, I could try but i think they would not reply if they even have the same contact details still.

Thank you how how do I go about this please? Do I just say I'd like a subject access request under s7 and here's my £10. Does this have to be in writing and do I need to send in a template letter that I can find somewhere or is a very brief request ok? Really sorry if this seems obvious but I'll be honest I don't have the first clue about any of this.

Thanks

**nemesis45** · 19th May 2015, 09:01:AM

Re: please help, urgent re lowell and ccj

Hi welcome to LB,

Some info please:

Do you know the whereabouts of the other party to the joint account?

When was the judgement issued? Is the Judgement in your name only?

What are the terms of the judgement order? e.g. Payment forthwith, payment by instalments of £ xx.xx pcm.

How much is the Judgement for?

Is your income made up solely of benefits?

How long is it since you moved to your current address?

Did you notify creditors that you had moved, are you on the Electoral Roll at your current address.

The joint account, was this a current account/ with or without an overdraft?

A CCJ cannot be " dropped" unfortunately it is a matter of " public record".

What did Lowell have to say about payments? ( It's best to keep dealings in writing )

Now to more positive points.

Lowell cannot make you pay more than you can reasonably afford, if that is £1.00 per month then that's what
the payment will be. The court would not order you to pay more!!

From what you have said I'm thinking that you should be classed as a vulnerable person, your illness and the toddler I presume prevent you from working?

There will be plenty of advice and support for you on LB.

nem

**Kati** · 19th May 2015, 09:08:AM

Re: please help, urgent re lowell and ccj

It would help if you could post up a redacted copy of the claim form too

xx

**Maxandme** · 19th May 2015, 09:29:AM

Re: please help, urgent re lowell and ccj

Hi,

i I just ended up deleting what I repied I think. I'll try again. Thanks so much for the replies I feel really alone and overwhelmed at the moment so it's comforting to have some people to talk to.

I don't know where the other party lives but I know that they run a business and I can find that address out

It said it was issued on 15 May 2015 and it is in my name only

As far as I can see there is no payment options offered because the court has not made a judgement is as yet this is just to making a claim. I think I have to you fill in the form and send to the court but I really don't know where to start. It shows the original amount as 352.72 with interest and court charges it is 462.15

My income is made up solely of benefits yes due to severe disability and illness and my toddler.

I moved in February this year to a council property from private rented property for health reasons and because I needed an adapted property.

I didn't notify anyone because I didn't know I had any creditors. As far as I'm aware I'm not on the electoral roll here I've been really unwell since moving and I'm due to be having 2 operations soon and I'm on a lot of medication therefore a lot of things are a struggle and my memory is not best at the moment.

Far as I can remember it was a current account with an overdraft. The other person on the account originally opened account in their name because I've got a bad credit rating, but they allowed me to be on the account because of the other person with their good credit rating.

would I be able to contact Lowell direct and asked them if they would consider dropping this claim because I don't know if you can drop it if a judgement has not been made yet?

I wish I could work but sadly I am unable to have got quite a few serious health conditions and it would be impossible for me to work. I'm waiting to have two operations so am on a lot of medication at the moment and I'm finding this very difficult.

thanks a lot for your time

**Maxandme** · 19th May 2015, 09:35:AM

Re: please help, urgent re lowell and ccj

Hi kati,

im not sure what a redacted copy of a form is? And not sure how I would get it onto the forum as I've only got it in paper here.

thanks a lot for your reply.

**nemesis45** · 19th May 2015, 10:37:AM

Re: please help, urgent re lowell and ccj

Ok,
Acknowledge Service of the Claim ( you can do this online @ money claim on line, make a careful note of password etc.
State your intention to defend the claim.

As the account was a current account you need to send a CPR31.14 to the Lowell's solicitor ( is this Bryan Carter LLP ?) this is to request all the documents mentioned in the particulars of claim (POC). no fee is payable.

This is all to get some idea what evidence Lowell has to prove its claim.

Do you have any idea when any payment was last made to this account?
It would be a good idea to trace the address of the other party.

There is a possibility that Lowell could be persuaded to drop the claim and it's certainly worth a try.

My suggestion would be:

FAO Mr Andrew Bartle
Chief Operating Officer
The Lowell Group
9 Savannah Way
Leeds Valley Park
Leeds
LS10 1AH

Date:

Ref: County Court Claim No. .................................:

Dear Mr Bartle,

I have received the documents in relation to the above mentioned Count Court Claim issued on ............................:
I am a "vulnerable" person unable to work and awaiting hospital admission for surgery. I also have a child aged ........... :

The claim is unlikely to achieve the result Lowell expect to achieve as my income is made up solely of benefits and I have little or no "disposable" income and do not expect this situation to change.
I believe that this alleged debt arises from a joint account and I have no contact with the other party to the account.

I would respectfully suggest that due to my situation and the distinct probability that I will never be able to satisfy the amount claimed
that Lowell takes a commercial view of the alleged debt and closes the file on this matter.

I also on checking my credit history conclude that the alleged debt is statute barred.

use signed for post if possible if not get free proof of posting.

I would expect Lowell to ask for " evidence" of your condition an financial status, a letter from your GP and/or an income & expenditure statement, and in your case I would recommend doing this.

nem

**Kati** · 19th May 2015, 10:44:AM

Re: please help, urgent re lowell and ccj

Originally posted by Maxandme View Post

Hi kati,

im not sure what a redacted copy of a form is? And not sure how I would get it onto the forum as I've only got it in paper here.

thanks a lot for your reply.

Redacted means you take out all identifying bits ... if you could take a picture on a mobile you'd be able to upload it.
No worries if you can't tho' (it just makes it easier for the Beagles to advise if they can see the "Particulars of Claim" etc...)

K xx

**stevemLS** · 19th May 2015, 11:21:AM

Re: please help, urgent re lowell and ccj

Or you could just type out the "Particulars of Claim" - which are in the large box on the left hand side of the claim form.

**Kati** · 19th May 2015, 11:22:AM

Re: please help, urgent re lowell and ccj

Originally posted by stevemLS View Post

Or you could just type out the "Particulars of Claim" - which are in the large box on the left hand side of the claim form.

yea ... I forgot about that

**Maxandme** · 19th May 2015, 12:12:PM

Re: please help, urgent re lowell and ccj

Hi kati and Steven,

i took a picture. Hope I took it of the right bits. How do I post it on here please?

Thanks for for your help. Should I file a defence? i don't know quite what counts as a defence but this doesn't seem very fair how they've gone about it. It says at the top also that it's instructed by Bryan Carter solicitors.

thanks

**Maxandme** · 19th May 2015, 12:15:PM

Re: please help, urgent re lowell and ccj

Has this worked?

Attached Files

image.jpg (76.2 KB, 1 view)

**Kati** · 19th May 2015, 12:19:PM

Re: please help, urgent re lowell and ccj

Originally posted by Maxandme View Post

Has this worked?

perfect

xx

**nemesis45** · 19th May 2015, 12:21:PM

Re: please help, urgent re lowell and ccj

Did you receive a default notice?
This being a current account a " Demand for Payment and a Final Demand would have been sent, nothing like
this at the old address?

nem

DISCONTINUED urgent re lowell and ccj