duplicate CCJ letter help

[Ruthb1]

Hi,

I am looking for in how I compose a letter to Lowell Group (solicitors) .

a little bit of background. i ran into financial difficulty on a halifax account with an overdraft subsequently i received a ccj for this in 2012.

In 2015 I subsequently received another CCJ (unbeknown to me for the same debt)

I have contacted the court and they have given me the creditors and i have chased back as far as i can go .

in 2012 HBOS passed to Wescott and they CCJ'D for account number ending 5775

in 2015 Lowel CCJD for account number ending 5775.

I seem tobe going round in crircles as Lowel have stated to me that they have investigated and that they have acted correctly. I have asked them to investigate for me but they dont seem to be wiling to do this.

so my only option now is either legal advice where i really havent got a clue where to go with, i have contacted Citizens advice who then pass me to national debtline and then i seem to go round in circles basically not resolving anything. or write a letter to Lowell at director level .

i need help in composing this letter and didnt know if any templates were available .


thanks

[nemesis45]

Re: duplicate CCJ letter help

Hi,
Have you checked the Registry Trust ( Trust Online ) to confirm both CC claims went through to judgement?

nem

[charitynjw]

Re: duplicate CCJ letter help

Hi Ruthb1

Are you certain they both refer to the same debt?

I ask because, some time ago, I was helping someone with their debts. I sorted them into piles according to the ref no, looking at the last few numbers. On closer examination I saw that, although the last few numbers on one of the piles was the same, the preceeding numbers were different. They both related to mobile phone contracts from the same company.

[Ruthb1]

Re: duplicate CCJ letter help

Hi,

i have checked with all companies that they relate to the same sort code and account number but i have been given two Judgements under 2 different refernce numbers.

[QUOTE=charitynjw;661631 Ruthb1

Are you certain they both refer to the same debt?

I ask because, some time ago, I was helping someone with their debts. I sorted them into piles according to the ref no, looking at the last few numbers. On closer examination I saw that, although the last few numbers on one of the piles was the same, the preceeding numbers were different. They both related to mobile phone contracts from the same company.[/QUOTE]

- - - Updated - - -

hi ,

Ive never heard of this, what would this show me?

Hi,
Have you checked the Registry Trust ( Trust Online ) to confirm both CC claims went through to judgement?

nem

- - - Updated - - -

they both did go to Judgement as they both appear on my credit file and i have spoken to the court also.

[Amethyst]

Re: duplicate CCJ letter help

The second judgment would need to be set aside. You should write to Lowell informing them the judgment was gained in error as the debt was already subject to a CCJ. Ask them to consent to the set aside.

You would need to give them evidence of the original CCJ - do you have any of the paperwork from this ? If not you could give the court a call and ask them for a copy of the Judgment letter, and possibly ask Westcot for confirmation of the CCJ being against the exact same account that Lowell have got a default judgment on. Basically you need something to show that a CCJ already exists, and that that CCJ is for the same debt. Once we have that we can put a letter together to send to Lowell and potentially apply to set aside the second judgment.

2012 HBOS passed to Wescott and they CCJ'D for account number ending 5775

[Ruthb1]

Re: duplicate CCJ letter help

no all i have got is the paperwork from the second judgement and reference numbers but both judgements, i have spoken to lowell and they didnt think that this was duplicated.

so if i contact the ourt and ask themfor the paperwork for the first judgement they will be able to provide me with this?

[Amethyst]

Re: duplicate CCJ letter help

Yes they will, it depends who you get on the phone but they should be able to send you a copy of the original judgment order and possibly the original particulars of claim. There might be a charge for the information.

If they refuse then you can ask Westcot for the same ( I would leave that to 2nd though as the claim is still within 6 years for enforcement - not sure if you have actually made any payments off the CCJ with them, and don't want to encourage them into enforcement action if not necessary )

Otherwise you could send a Subject Access Request to HMCTS to get the information, but that's very slow and you're never guaranteed to get the info you need.