Bryan Carter/Lowell/JD Williams - Notice of CCJ

[ths01]

I hope someone can provide some advice.

My girlfriend received a letter from Bryan Carter Solicitors today, their client 'Lowell Financial Limited' RE Brand/Product 'JD Williams'.

I'm currently having some issues with accounts she previously opened in my name, and now this has arrived. The big problem here is that she did not receive anything to state a CCJ was being entered against her. For background she also suffers with mental health issues.

The letter:

Date: 17 December

Client: Lowell Financial Limited
Brand Product: JD Williams
Account no: ########
Ref: ####
Balance: £316.31

Notice of County Court Judgement

'As you know, a County Court Judgement (CCJ) was entered against you on 01 December 2015 because you did not reply to the Claim. You have now been ordered to the Court to repay this debt as follows:

Instalment: £50.00
Every: Month
First Payment due: 31/12/2015

It says to pay full amount within 30 days of 01 December 2015 to not have a CCJ on Credit File; to pay via BC solicitors website; if unable to pay to ensure she can make payments as ordered by the Court to avoid the possibility of further enforcement action; if not paid or fall into arrears with payment, they may consider further enforcement action.

What can she do to contest this (as the initial claim was not received), stall, or agree a lower amount? She is due to talk to CAP about other debts next Tuesday.

Thanks,
THS01

[nemesis45]

Re: Bryan Carter/Lowell/JD Williams - Notice of CCJ

I hope someone can provide some advice.

My girlfriend received a letter from Bryan Carter Solicitors today, their client 'Lowell Financial Limited' RE Brand/Product 'JD Williams'.

I'm currently having some issues with accounts she previously opened in my name, and now this has arrived. The big problem here is that she did not receive anything to state a CCJ was being entered against her. For background she also suffers with mental health issues.

The letter:

Date: 17 December

Client: Lowell Financial Limited
Brand Product: JD Williams
Account no: ########
Ref: ####
Balance: £316.31

Notice of County Court Judgement

'As you know, a County Court Judgement (CCJ) was entered against you on 01 December 2015 because you did not reply to the Claim. You have now been ordered to the Court to repay this debt as follows:

Instalment: £50.00
Every: Month
First Payment due: 31/12/2015

It says to pay full amount within 30 days of 01 December 2015 to not have a CCJ on Credit File; to pay via BC solicitors website; if unable to pay to ensure she can make payments as ordered by the Court to avoid the possibility of further enforcement action; if not paid or fall into arrears with payment, they may consider further enforcement action.

What can she do to contest this (as the initial claim was not received), stall, or agree a lower amount? She is due to talk to CAP about other debts next Tuesday.

Thanks,
THS01

Good morning ths responding to your PM.

A judgement supersedes the original contract.

It is possible to apply to the court to vary the payment level ordered, Carter is not likely
to be cooperative.

She can apply to the court to have the judgement set aside ( court form N244 fee £155.00) this needs to be done before the
1st payment is due Carter is likely to move quickly if payment is not made.

The ground for set aside is good i.e. claim not received, there must also be a defence to the
original claim that " Has a reasonable chance of success".

When was the account opened, and when was it defaulted? It's worth checking
credit files to see what the dates are, you can use Noddle it's free online.

nem~

[ths01]

Re: Bryan Carter/Lowell/JD Williams - Notice of CCJ

Thanks Nem.

I will attempt to look into this with my girlfriend today.

On behalf of my girlfriend I am considering writing something as below to BC Solicitors. Is this worthwhile?

"To whom it may concern.

I have received a letter from yourselves dated 17 December 2015. This notes that it is a ‘Notice of County Court Judgment’, and quote “As you know, a County Court Judgment (CCJ) was entered against you on 01 December 2015”.

Please note I did not receive this information. Please confirm which address this was sent to, and provide evidence this debt is actually mine e.g. CCA. I enclose a £1 postal order, in payment of the statutory fee, which should only be used for this purpose. I therefore require a copy of the agreement relating to this account having paid the required fee.

Please also note:

1. I suffer from a mental health condition, and so may be considered as vulnerable.
2. Bryan Carter Solicitors LLP, and Lowell Financial Limited have never provided evidence to me that this account/debt relates to me. I should not be expected to pay a debt without evidence it relates to myself.
3. I am currently attempting to deal with other debts with the assistance of Christians Against Poverty (CAP). Therefore I am taking reasonable steps to deal with such matters.
4. £50 per month is not a reasonable amount for me to be able to pay per month for any debt currently, citing items 1 & 3.
5. Had I received advice of a CCJ being entered against me I believe items 1-3 may be sufficient to ‘set-aside’ the CCJ.

Thank you for your time and attention to this matter. I await your written response.

[MIKE770]

Re: Bryan Carter/Lowell/JD Williams - Notice of CCJ

get this set aside you do not have time to waste, no letters to them in the mean time.

[ths01]

Re: Bryan Carter/Lowell/JD Williams - Notice of CCJ

get this set aside you do not have time to waste, no letters to them in the mean time.

Are the reasons I've provided good enough to get the case set aside. Is there a fee to get this set aside?

With the debts run up, it will even be difficult to raise that currently (i.e. CAP helping my gf get debts in order!

[MIKE770]

Re: Bryan Carter/Lowell/JD Williams - Notice of CCJ

did not receive this information. for starters and She can apply to the court to have the judgement set aside ( court form N244 fee £155.00) this needs to be done before the
1st payment is due Carter is likely to move quickly if payment is not made.


as Nem stated. he will be along shortly no doubt to guide you?

- - - Updated - - -

nemesis45

[ths01]

Re: Bryan Carter/Lowell/JD Williams - Notice of CCJ

Good morning ths responding to your PM.

A judgement supersedes the original contract.

It is possible to apply to the court to vary the payment level ordered, Carter is not likely
to be cooperative.

She can apply to the court to have the judgement set aside ( court form N244 fee £155.00) this needs to be done before the
1st payment is due Carter is likely to move quickly if payment is not made.

The ground for set aside is good i.e. claim not received, there must also be a defence to the
original claim that " Has a reasonable chance of success".

When was the account opened, and when was it defaulted? It's worth checking
credit files to see what the dates are, you can use Noddle it's free online.

nem~

She checked her report using Noddle.

The only JD Williams account says it's £16 in credit and up to date.

There are several Lowell entries, but none are for the amount specified (£316.31).
There is Lowell account for £208, as opposed to the £316.31 on the CCJ notice received from BCS. The name on the account ties in exactly with the info from BCS.
Default was July 2014 according to Noddle.
Noddle says account start date was Jan 2014
Noddle only shows account history from July 2015.

[nemesis45]

Re: Bryan Carter/Lowell/JD Williams - Notice of CCJ

She checked her report using Noddle.

The only JD Williams account says it's £16 in credit and up to date.

There are several Lowell entries, but none are for the amount specified (£316.31).
There is Lowell account for £208, as opposed to the £316.31 on the CCJ notice received from BCS. The name on the account ties in exactly with the info from BCS.
Default was July 2014 according to Noddle.
Noddle says account start date was Jan 2014
Noddle only shows account history from July 2015.

Hi the difference in figures is I suspect the addition of court cost and solicitors fees.
It does seem to have gone into default very quickly?

nem

[ths01]

Re: Bryan Carter/Lowell/JD Williams - Notice of CCJ

Hi the difference in figures is I suspect the addition of court cost and solicitors fees.
It does seem to have gone into default very quickly?

nem

It seems from my gf memory that only 1 or possibly 2 repayments were made after the account was opened. I'm not sure if 3-4 months of zero payments is quick for a default, would you say that's the case?