Unknown CCJ

[nemesis45]

Re: Unknown CCJ

Hello

I have spoken to the court this morning. The debt is with Lowell and it's an old HSBC account. Probably opened around 2003.

This is one I was making £1 payments to online. I found a statement last night and the last payment I made was September 2010.

What should be my next step?

There will be a record of cash payments whatever payment method was used.
If you can pay in full now no CCJ, or enter into a payment arrangement secured
by a Consent (Tomlin) Order no CCJ but if you fail to maintain the terms of the
order the claimant can apply for summary judgement.

nem

[lpd79]

Re: Unknown CCJ

Thanks Nem.

Not sure I understand though. I cannot pay in full. But if I enter into an agreement I can get the ccj removed?

[lpd79]

Re: Unknown CCJ

Also is there anything I can do about all the added costs this has incurred? Original debt was only around 4K.

If I agree a payment plan with Lowell would they agree to set aside the ccj with the court in the basis of wrong address?

[nemesis45]

Re: Unknown CCJ

Also is there anything I can do about all the added costs this has incurred? Original debt was only around 4K.

If I agree a payment plan with Lowell would they agree to set aside the ccj with the court in the basis of wrong address?

Sorry ignore my last posts, I'd forgotten the default judgement.
Application to set aside (N244) fee £155.00, To succeed with this application you need to
show why you did not respond to the original claim, e.g. did not receive claim pack , so
unable to defend and/or make an offer of settlement/payment.
You must also be able to show that you a have a defence which has REASONABLE. chance
off success against the claim.

You could try writing to Lowell ( Andrew Bartle (COO the Lowell Group signs the threatograms) asking if they
will agree to set aside the judgement and allow you to make affordable payments.
Remember the judgement is a matter of public record that remains on credit files for 6 years from the date of the judgement.

A mortgage application is doomed if there's a CCJ on any party to the mortgage app.

nem

[lpd79]

Re: Unknown CCJ

Ok so rather than just apply for the set aside I should speak with Lowell first?

Is moving address a reasonable reason for not responding?
Sorry for all the questions I just want to get this sorted properly.

[lpd79]

Re: Unknown CCJ

If I were to sell my car to pay this off would they settle on less than the full price?

[judgemental24]

Re: Unknown CCJ

On any set aside application the judge will want to know if you have a reasonable chance of defending any further claim.
If the account was statute barred at the time of the original claim then that is a valid defence and in the interest of justice the judge will probably allow the appliation.

He will want to know why you did not inform the creditor of your change address. You play dumb and simply state you were advised Incorrectly as to the statute of limitations and informing the creditor on an internet forum. Say you could not afford professional advice for which you apologise

The set aside application will cost you £155.00 and the judge can only say no to your application so do it. You only have a limited time now you have been made aware of the CCJ and the clock is ticking

[lpd79]

Re: Unknown CCJ

It wasn't statute barred. Last payment was September 2010.

[judgemental24]

Re: Unknown CCJ

Then if all you have left was that you moved without informing the creditor it will be unlikely any set aside application will suceed.

Nothing stopping you from trying though, all it will cost is £155.00 and the judge can only say no as worst case scenario

When you received the judgement through the post did it say how the CCJ was to be paid, was it forthwith?

If so you will need to set up a minimum payment plan with the creditor, if they refuse you will need to make an application to the court to vary the original payment order

With a judgement of £6200.00 you might be facing HCEO so you will need to move on this

On second thoughts make an application to the court immediately to vary the payment order to stop the HCEO

[lpd79]

Re: Unknown CCJ

I never received anything as I'd already moved out.
It's for 6.2k
Most I could probably pay is £50. Shall I just ring Lowells directly?
What if I were to sell my car to make a settlement offer? Say 3.5k

[wales01man]

Re: Unknown CCJ

paying half or all of it still means its on record for the full 6 years

[lpd79]

Re: Unknown CCJ

I know but there's no way of removing it now?

[judgemental24]

Re: Unknown CCJ

FORGET LOWELLS

You need to make an N244 application to the court to vary the original order on your disposable income

If you do a settlement Lowell will accept a part settlement and sell the remaining balance to another bottom feeder

Get the redetermination first, you can then start dictating terms to Lowell. Without that they will simply say pay up or else

[lpd79]

Re: Unknown CCJ

I have just spoken to Lowells to find out what the court order says. I have to pay £50pm. They also offered a full and final payment of 3.1k.

My question is, can I get this set aside then agree to the full and final with Lowell?

[MIKE770]

Re: Unknown CCJ

Read digest para 28, lowells are not interested only their office party, if you paid for an item at £5.00 would you stop at receiving £5.00 when you could get £5,000?