ccj on credit file

[pel007]

Hi my wife today checked her experian file and was shocked to see she had a ccj on there. The ccj is in her maiden name and has our old address, it does not say who the debt was suppose to be with. She called northampton court to find out what it was for and they were unhelpfull and told her she has to pay 255 to appeal to set the judgement aside. The man said my wife must have recieved letters through the post which she has not. We have lived here 2 years, she is on electrol roll.
Can anyone help with any advice

[nemesis45]

Re: ccj on credit file

Hi my wife today checked her experian file and was shocked to see she had a ccj on there. The ccj is in her maiden name and has our old address, it does not say who the debt was suppose to be with. She called northampton court to find out what it was for and they were unhelpfull and told her she has to pay 255 to appeal to set the judgement aside. The man said my wife must have recieved letters through the post which she has not. We have lived here 2 years, she is on electrol roll.
Can anyone help with any advice

Hi,

The court staff should be able to tell you who claimant was, so phone again tomorrow and ask to speak to a court manager.
When was the judgment recorded?
Trust online may give more info there is a charge for each address searched.

nem

[pel007]

Re: ccj on credit file

Hi,

The court staff should be able to tell you who claimant was, so phone again tomorrow and ask to speak to a court manager.
When was the judgment recorded?
Trust online may give more info there is a charge for each address searched.

nem

Wife is going to call again tomorrow. She was told that the claimant had bought the debt in march and the judgement was 14th april.
Could she get this debt set aside as 255 is quite a sum also especially as she had no court summons or any letters.

[pel007]

Re: ccj on credit file

Hi,

The court staff should be able to tell you who claimant was, so phone again tomorrow and ask to speak to a court manager.
When was the judgment recorded?
Trust online may give more info there is a charge for each address searched.

nem

She just called court again and the debt is for shop direct which she thinks is a account she took out with very before she started working and defaulted shortly after, which would have been 2008/09. They said lowell portfolio bought the debt and started court proceedings march 16th and judgement was april 14th as she didnt respond but she couldnt respond because they were sending it to the wrong surname and wrong address

[spirit2534]

Re: ccj on credit file

Wife is going to call again tomorrow. She was told that the claimant had bought the debt in march and the judgement was 14th april.
Could she get this debt set aside as 255 is quite a sum also especially as she had no court summons or any letters.

Most of the debt purchasers (Cabot, Lowell) rely on the failure of "so-called" debtors to contest their claims.
85% don't contest!

[nemesis45]

Re: ccj on credit file

Wife is going to call again tomorrow. She was told that the claimant had bought the debt in march and the judgement was 14th april.
Could she get this debt set aside as 255 is quite a sum also especially as she had no court summons or any letters.

Good morning,

Once we know the name of the claimant it's possible we may be able to help you approach the claim with a view to getting the judgement set aside by consent because the claim was never received.

It will be necessary if the above is successful for you wife to show that she has a defence to the original claim that has a " reasonable " chance of success.

nem

[pel007]

Re: ccj on credit file

Good morning,

Once we know the name of the claimant it's possible we may be able to help you approach the claim with a view to getting the judgement set aside by consent because the claim was never received.

It will be necessary if the above is successful for you wife to show that she has a defence to the original claim that has a " reasonable " chance of success.

nem

Hi nem did you see my other reply regarding her calling today.
Its with lowell who bought off shop direct

[nemesis45]

Re: ccj on credit file

Hi nem did you see my other reply regarding her calling today.
Its with lowell who bought off shop direct

OK found it.

Was the claim addressed correctly to your current address do you know?

nem

- - - Updated - - -

Hi nem did you see my other reply regarding her calling today.
Its with lowell who bought off shop direct

OK found it.

Was the claim addressed correctly to your current address do you know?

nem

[pel007]

Re: ccj on credit file

OK found it.

Was the claim addressed correctly to your current address do you know?

nem

- - - Updated - - -



OK found it.

Was the claim addressed correctly to your current address do you know?

nem

No it was to our previous address. We have lived here 19months now and had nothing sent here.

[nemesis45]

Re: ccj on credit file

No it was to our previous address. We have lived here 19months now and had nothing sent here.

Ok, I suggest writing to Andrew Bartle Chief Operating Officer of the Lowell group at their Ellington House address request that they agree to have the claim set aside as it was wrongly addressed so your wife had no chance to defend the claim.

Also 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.

nem

[pel007]

Re: ccj on credit file

Ok, I suggest writing to Andrew Bartle Chief Operating Officer of the Lowell group at their Ellington House address request that they agree to have the claim set aside as it was wrongly addressed so your wife had no chance to defend the claim.

Also 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.

nem

Ok will get her to do that now
What if they decide to not set aside which i doubt they will

[pel007]

Re: ccj on credit file

Hi its been a while since last wrote. Wife wrote to lowell but no response. Today we recieved letter, notice of issue of warrant of control.
It says "you have not made payment under the judgement as you were ordered. The credittor has therefore asked for a warrant to be issued to the bailiff to seize and sell your goods. Unless you pay the amount due to the county court before 25th march 2017 the bailiff will call and may remove your goods for sale at public auction. This may mean that you will have to pay further costs.

Would be gratefull for any help

[Amethyst]

Re: ccj on credit file

Did you not follow up with an application to the court to set aside the judgment?

You need to sort this out now, either by making an arrangement to pay, applying for variation or redetermination of the judgment amount, or by applying to set aside the original judgment.

Do you know anything about what the judgment was for ? Did Lowell not respond to you at all ? How much is it approx?

[pel007]

Re: ccj on credit file

No we didnt. To be honest have had alot on which has been stressful like our daughter trying to commit suiside so you can imagine this has been last thing we wanted to think about.

We know its for a debt she had before we were married which we have been married 11 years now. The debt should be statue barred as there was no communication all that time. And no lowell did not respond to her letter only a letter the other day threatning with bailiff then this letter today. Its for £1,681.
My wife has tried to contact dartford county court this morning but they dont answer

[pel007]

Re: ccj on credit file

As we think the debt is SB what and how should we go about defending this. Sorry that we dont much about what to do, thanks