Setting aside a CCJ - Lowell

[Madcookie]

Re: Setting aside a CCJ - Lowell

Bump

[Madcookie]

Re: Setting aside a CCJ - Lowell

Thank you for your reply Sharon, I read it before the case and used what I could. We never really got chance to do much research beyond this or even put a full reply on here due to a death in the family and my mrs being up north consoling her mother till Sunday evening when she came back home to be here for todays case.

We had the hearing today, Lovell sent an agent, they came and agreed even before the hearing that it should be set aside. Unfortunately i was unable to go into the hearing as we had our youngest with us. When my partner came out she said we had been successful in having it set aside, as Lovell had agreed.

She said we now had to file our defense with Lovell (writing to them), with in 30 days. My query here is, what are we defending as she has no idea what the bill is for. The original debt is from Lloyds, who sold it to Lovell. Their agent said it is for £1200 (which doesn't correspond to their paper work from last year), and we must write to Lloyds requesting clarification with regards the bill. Is this true as it is not Lloyds filing for the CCJ?

She has nothing from the original account as it is from 2008/2009, maybe earlier. She does remember having a meeting with Lloyds when closing that account and specifically asking them to add any outstanding interest (which they said they did). she worked in banking so knew this. She had no correspondence saying about any outstanding interest so fairly assumed this to be dealt with.

What do we do now? The Lovell agent said we must write her defense and send it to them within 30 days. That is all we know.

Thanks in advance, your help is much appreciated.

Kind regards

Anthony

[Amethyst]

Re: Setting aside a CCJ - Lowell

Hi Anthony

So you believe this CCJ is for an old bank account ? possibly completely made up of charges, barring about £8 ?

You've applied top set aside on the grounds you didn't receive any of the paperwork from the claimant or the court and had no reason to suspect you were even in debt with the original creditor.

Which bank was it?

You will need to show the court you have a reasonable prospect of success in defending the claim - what did you enter with the set aside application - witness statement ? draft defence ? or just the N244 form ?

Have you got anything from when the account with the bank was closed at all ? ( any way your partner can check with the bank if they have anything about it being closed and can tell her what the debt was and why she wasn't informed of it at the time of closure - possibly a final statement copy or something )

You should be okay with the no debt, no communications - also if you can show that other creditors were informed of change of address, that credit file is up to date, on electoral roll and so on - ie demonstrate to the court that Lowell could easily have sent it to the right address - they seem to have managed to send this recent letter to the right address for example.

Sharon
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