CCJ from Lowell Portfolio Ltd

[Vicky.]

Hello. I am just looking for a bit of advice.

A few weeks back out of the blue I received a letter from Northampton County Court Business Centre. Apparently a company called Lowell have taken out a CCJ against me and won 'in default'. From reading around, it seems I should have received a claim form before this judgement was made. I did not receive this. A few years back this Lowells started sending me threatening letters, saying they were going to send a doorstep collector and such for some debt. I asked them who the debt was actually with and for proof that I owed it as I could not think of what on earth it could be. Eventually I got out of them that it was 'shop direct' but having never had an account with them, I again asked Lowell for proof that I owed this debt. They then went silent, so I kind of figured this was the end of it. Now out of the blue I have this. I cannot access the claim properly as I do not have a password that is apparently on the claim pack. All I have is the letter stating I owe 500+ and I can pay 50 per month until it is paid. I cannot afford to pay this, I am currently unemployed due to ill health and we struggle to make ends meet as it is. Besides this, I do not think I should have to pay it as I am 100% sure I do not even owe it and they must have the wrong person. I have tried calling the 0300 number on the court letter 4 times now, each time I have been on hold for over an hour and gave up..I am not sure anyone actually mans the phones as that is a ridiculous time to be on hold. Where can I go from here? Terrified of bailiffs turning up at my door now, and apparently the first payment has to be made by the end of this week...

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Oh, incase this is relevant, I have checked my credit file and there is NO entry from either Lowell or shop direct.

[Amethyst]

Re: CCJ from Lowell Portfolio Ltd

.

Oh, incase this is relevant, I have checked my credit file and there is NO entry from either Lowell or shop direct.

It wouldn't appear on your credit file for 28 days after the judgment.

As you did not receive the original court claim you could apply to the court to have the CCJ set aside. Have a read Set Aside about the process of doing that. If they wrote to you before the court claim then there is no reason the court claim should have been issued at a different address and that the court have written to you with the judgment says that the claim may have gone astray in the post somewhere.

Yes the court is a pain in the bum to get through to at the best of times!

You should also write to Lowell asking for more information on the claim, while informing them you intend to apply to set aside the judgment. If you are on a low income you may be eligible for help with your court fee for the set aside application.

Shop Direct is the parent company for quite a number of different catalogues. Have you had any catalogues in the past at all ?

[Vicky.]

Re: CCJ from Lowell Portfolio Ltd

I have not ever had a catalogue account until a few months back, I got a credit account with simplybe for some holiday clothes but thats all paid off now anyway. I opened this account years after Lowell started pestering me though so there is absolutely no way it was this.

I know the CCJ wouldn't appear, but there is no debt at all showing to either of those companies? Surely if I actually owed one of them there would be a default registered on my file? Not sure, I just assumed, not too up to date with stuff like this as I have never had an issue before.

[Vicky.]

Re: CCJ from Lowell Portfolio Ltd

Is there a template letter or something of what I need to send to lowells? I honestly have no clue. I really doubt they will consent. Infact given past communication I will be lucky to even get a reply from them.

[Amethyst]

Re: CCJ from Lowell Portfolio Ltd

Odd. It could be it was over 6 years old, and that's why it doesn't show on your credit file, or it could just be an error, ID mistake or something, but it is a pain in the bum to sort out for you.

Will give you a hand with a letter after the school run if that's okay xxxx

Did you have a quick read through the Set aside information ?

[Vicky.]

Re: CCJ from Lowell Portfolio Ltd

Yes thank you. I am definitely going to have to apply for help with fees, even if Lowell do agree I can't just find a hundred quid out of nowhere, I wish I could. Will have to go to the library to print off the N244 as my printer has been bust for months.

Do you think a letter stating my next sick note is due for ESA would be proof I am receiving that benefit? I don't think I have a claim letter as I have been on it for over a year now.

[Amethyst]

Re: CCJ from Lowell Portfolio Ltd

Not many people can. You can submit it by email - so will save a trip to the library and printing fees at least.

Lets have a shot writing to them before applying then.



Dear Lowell,

Reference: Lowell Portfolio v Vicky - Claim No/. XXXXXX ( claim ref should be on the letter from the court)

I am in receipt of a Judgment by Default order from the Northampton County Court Business Centre dated 30 June 2016.

I was completely unaware of this County Court claim and have received no other documents from either the Court or from yourselves. I therefore have very limited information on which to proceed. I have previously communicated (back in 2012) with Lowell about an alleged debt with Shop Direct and I have informed you that I did not hold a Shop Direct account and certainly had no outstanding debt to any catalogue company. As there is nothing on my credit file and I have no information on this at all I can only assume that this is the same 'debt' and that this is a case of mistaken identity.

I intend to apply to the court to set aside the judgment due to not having received the documents and having a reasonable prospect of success in defending the claim, and in the interests of saving time and costs I would ask that you consent to set aside the judgment.

I'm sure you can understand it is quite shocking and upsetting to have received a county court judgment without any prior communication.

I would appreciate it if you could send me a copy of the original claim form and any other documents which you intend to rely on in the case.

I look forward to hearing from you within the next 7 days. I am sure you appreciate I want to get this sorted out as soon as possible and that time is of the essence in making an application to set aside the default judgment. I therefore intend to submit my application on the 13th July should I not hear from you positively before that date, and I will be asking the court awards me the costs in the application.

Kind regards

Vicky xxxxxxxxxxxx

[Vicky.]

Re: CCJ from Lowell Portfolio Ltd

That looks great thank you so much. I can email this direct to Lowell? Apparently they are using Cohen Cramer Solicitors, should I CC it to them also?

[Amethyst]

Re: CCJ from Lowell Portfolio Ltd

Just to Howard Cohen if they are the solicitors. Email should be fine if you have their email address.

[Furcifer]

Re: CCJ from Lowell Portfolio Ltd

Please be aware that Lowells enjoy a relationship with the Northampton County Court Business Centre who are very willing to strike out Defences and Counterclaims, for no lawful or valid reason to assist Lowells. They rely on you not challenging them because the people Lowell go after often have no means to hire asolicitor. Take them to Small Claims Court, I mean that Business Centre, and request the reasons they entered judgment. You will find they will use dates that don't exist and other nonsensical "reasons". I hope this will help.