ccj on credit file

[pel007]

Re: ccj on credit file

Letter states the hearing of the defendants application (see copy attached) will take place 23rd may

To the parties, important notice

Please note that the courts listing policy provides that the number of cases listed for hearing may exceed the actual judicial time available on the day. This is to ensure maximum and economical use of listing time, taking into account late settlements and also to offer court users the earliest possible date for hearing.

Therefore please note:
A) the case may be moved to a different hearing venue or stood out at short notice. HMCTS will contact you by 2pm, the working day prior to the hearing if this is the case

B) the case may not be called on for hearing at the time stated and there may be some delay.

The court and hm court service will not be responsible for any costs incurred in the absence of any departure from this listing policy unless due to maladministration.
If this case settles or the time required for the hearing of the case changes then please inform the court at the earliest opportunity.
Please ensure that the court has a telephone number on which you may be contacted during court hours.
It is also advisable that you view the website by 4pm the working day before your case is due to be heard too ensure there have been no late changes to the listing.

- - - Updated - - -

The WS should be sent with the Draft Defence at the time of your Application for the set aside, so you've done that correctly.

No need to file another one.

Did you serve everything on the other side at the time?

Di

Hi what do you mean by " did you serve everything on the other side at the time"?
Sorry if i sound silly just making sure we get everything correct, thanks

[Diana M]

Re: ccj on credit file

what do you mean by " did you serve everything on the other side at the time"?
Sorry if i sound silly just making sure we get everything correct, thanks

You're not sounding silly at all!

By "serve" I meant did you post/send a copy of your Application, Draft Defence, Witness Statement and Draft Order to the other side (Lowells) at the same time as you filed (post/sent) it at court?

Or will the Notice if Hearing which you received today be the first they get to kniw about it since the court will have sent the same Notice to them?

Also be prepared for them to serve (post ) a WS on you before the hearing. It's not been ordered by the court (from what I can see) but they may choose to do that - I would if I were in their shoes.

They probably will and that's why it's essential that you (your wife) need to attend the hearing.

Di

[pel007]

Re: ccj on credit file

You're not sounding silly at all!

By "serve" I meant did you post/send a copy of your Application, Draft Defence, Witness Statement and Draft Order to the other side (Lowells) at the same time as you filed (post/sent) it at court?

Or will the Notice if Hearing which you received today be the first they get to kniw about it since the court will have sent the same Notice to them?

Also be prepared for them to serve (post ) a WS on you before the hearing. It's not been ordered by the court (from what I can see) but they may choose to do that - I would if I were in their shoes.

They probably will and that's why it's essential that you (your wife) need to attend the hearing.

Di

No we didnt serve lowell a copy of the application etc but my wife did contact them to inform them.

So we dont need to do anything else at the mo other than attend court on the 23rd?
Thanks

[Diana M]

Re: ccj on credit file

No we didnt serve lowell a copy of the application etc but my wife did contact them to inform them.

In which case send them a copy of everything asap otherwise they'll argue in court that they've not received your evidence so it shouldn't be admissible.

Don't worry you have time to play catchup with this. You are a LIP after all.

I've glanced back through your thread which started before I joined the forum.

If you've argued Statute Barred then do you have any evidence you can produce such as proof of last payment - perhaps an old CRA file showing the Default date and payment history? It won't be there now but you can get downloads of any reports you have previously requested from them.

Once Lowells know you're arguing SB they may come up with 'proof' of some spurious random payment so you need to be ready to shoot that down in flames.

I can't see if you definitely sent a s77-79 CCA Request at any time and that Amethyst quite rightly pointed out in post # 16 that they would not be obliged to comply since your currently have a CCJ.

However I would still send one now to hopefully elicit a response of some sort from Lowells.

If they say they haven't got the documents so will have to ask the original creditor for them then that may help you persuade the DJ that a set aside would be appropriate "in the interests of justice" since Lowells have admitted (if they do) they haven't got the paperwork to support the claim if you were given the opportunity to file a Defence.

However in post # 11 you say your wife was going to send a CCA Request so did she do that and what was the result?

This could help you if Lowells come up with something to show the debt was not SB when they issued the claim in 2016.

Di

[Diana M]

Re: ccj on credit file

I suggest you make a CCA request to Shop Direct for a copy of the agreement, see "green box" above for the template.

There is a £1 statutory fee to pay use a Postal Order marked " For Statutory Fee Only" use signed for post.

i can now see you were advised to send the CCA Request to Shop Direct who were the original creditor not to Lowells who actually owned the debt at the time the claim was issued.

If you sent a CCA Request to a Shop Direct that would not have protected your legal position.

So send another CCA Request to Lowells.

Di

[pel007]

Re: ccj on credit file

Wouldnt they get everything we sent to the court.? Other than that we dont have anything else. Dont have any proof of last payment, its also not been on her credit report for quite some time.
Once my wife discovered she had the ccj she wrote to them and also sent cca but have never had any responce from them other than the recent court letters
Should we try again, maybe they will respond now we are at court.

- - - Updated - - -

i can now see you were advised to send the CCA Request to Shop Direct who were the original creditor not to Lowells who actually owned the debt at the time the claim was issued.

If you sent a CCA Request to a Shop Direct that would not have protected your legal position.

So send another CCA Request to Lowells.

Di

Ok will do that as soon as

[Diana M]

Re: ccj on credit file

Wouldnt they get everything we sent to the court.?

The court should have sent them the Application but you are supposed to serve everything on the other side too.

Are you saying your wife sent a CCA Request to Lowells not Shop Direct?

Di

[pel007]

Re: ccj on credit file

Ok we didnt know you had to serve everything to lowell was just told to do the application to the court.
Wife done cca to shop direct and a letter to lowell asking them to agree to set aside ccj for reasons why we are seeking now.

Should we send copies of defence/witness statement to lowell still? And if so should we send along with the cca request?
Thanks

[Diana M]

Re: ccj on credit file

Wife done cca to shop direct and a letter to lowell asking them to agree to set aside ccj for reasons why we are seeking now.

Should we send copies of defence/witness statement to lowell still? And if so should we send along with the cca request?

I would send the CCA Request to Lowells solicitors by Royal Mail Recorded Delivery.

Send a copy of your set aside Application, Draft Defence, WS and Draft Order etc to them in a separate envelope.

You can also ask them in a covering letter if they would consent to the set-aside in an effort to save costs and the court's time.

They're unlikely to agree but it's good to be seen to at least ask (in writing) in case the court are in a generous mood and award you costs if your application is successful. As a LIP you can charge £19 per hour for your time.

Is this CCJ for only £179 or have I misunderstood some of the posts at the beginning of your thread?

Di

[pel007]

Re: ccj on credit file

Ok will send all that next week. We did write to them already asking to set aside but no response, will do again though.
No its for just less than 1,700

[pel007]

Re: ccj on credit file

Hi its been a while since i last posted. Since then my wife went to court. Lowell solicitors have said that it is not s.b as they said the last payment was july 2010 and they took out ccj in april 2016. My wife believes that she made her last payment before this date but cant prove it.
Lowell provided letters that had been sent which we have never seen before and it might just be us but dont seem genuine.
The first letter dated 25/01/2011 was from marie marsden of shop direct to say the assignment of debt is legally being assigned to lowell on 17/01/2011 for 1458.28. The next letter they provided was from lowell dated 25/01/2011 saying the same sort of thing signed andrew bartle.
They provided a further 4 letters from feb - july 2011 . The next letter they provide is 17/09/2015 offering to reduce the amount to 729.
The 2 next letters are both dated 27/01/2016 one from lowell saying they have sent it to lowell solicitors and the second from lowell solicitors to say to get in contact with them to pay the amount of 1458.28.

At court my wife said to the judge she admits she owed that amount but she still believed it to be s.b and that she hadnt heard from lowell before until recently even after she contacted them once she see ccj. The judge said it is down to my wife to inform the original company of change address. But we moved in 2014 and never heard from lowell and even since we moved she is on electrol roll and on her report lowell show up as previous searches so they knew where she lived.

The judge suggested to my wife to come to an agreement with lowell to pay the 1458.28 and in installments if she cant afford to pay all. My wife tried to do this as she feels she has no option. Lowell have now been intouch asking her to pay 1861 which they said is there costs at 60 a month. She feels they are trying it on with her. They are due back in court in less than 2 weeks. Can anyone help with what she should do, thanks in advance

[MIKE770]

Re: ccj on credit file

should ask lowells how the last payment they state was paid i..e. by whom/how/account details . method etc etc prove it

[pel007]

Re: ccj on credit file

should ask lowells how the last payment they state was paid i..e. by whom/how/account details . method etc etc prove it

Should she ask them before she has to go back to court or at court. She just called the bank to see if she can get statement for the date they said she last paid but they only go back 4 years.

[pel007]

Re: ccj on credit file

Also what chances do you think she has as the judge adjouned it and asked for payment statement. The solicitor had it sent to her on her laptop and showed the judge. My wife has not been given a copy of this and only had a brief look when it was shown to the judge on laptop. As they had that my wife said it must be true but she still dont remember making the payment

[MIKE770]

Re: ccj on credit file

if me I would as a matter of urgency as this is a priority get on to lowells for proof of how paid and by whom//?? also bank to get statements for that period. just my thoughts