new CCJ added

[owen2014]

Hi All,

I have alerts set up on my credit file and received an email saying I had received a judgement.

I got in financial difficulty around 2012 and have tried sorting out various debts, in 2016 I moved address and I notified the majoirty of my creditors.

I never received any claim forms for this CCJ and its the first one I have had - I need to fix this situation as it will hamper my work situation.

Looking at my credit file I think its for a debt with Lowell/Bryan carter just by the balance showing - I will call the courts tomorrow to get more information?

What are my options as I do not have £1040 to pay in the next 30 days and I am abit annoyed I never received any claims forms + they have done it while I have been paying £10 a month!!

Thanks

[Kafka]

Re: new CCJ added

Lowell are debt purchasers and Carters are solicitors acting for them. Basically, Lowell have bought this account off a bank and now own it, so you need to find out first who the original creditor was.

[charitynjw]

Re: new CCJ added

Any idea what the debt was for? (Loan, credit card, overdraft etc).

If you want to try getting the judgment set aside you will need to act quickly.
Write to Lowells to ask for their consent. (Get proof of posting).
If they refuse or ignore you can apply to the court for permission.
You will need a good reason why you didn't respond to the court claim....not too difficult.
You also need to show that you have a viable defence if it is set aside....

[owen2014]

Re: new CCJ added

Looking at my credit file I beleive its for a Very Account - I had been making payments to BC by Standing order every month over the last few years for £10.00.

I am registered at my new address on the electoral roll, also have other bank accounts registered to my new address (moved here 2 years ago)

to me there is no reason they didnt have my address, I notified everyone as soon as I moved but didnt register to check as I have been making payments

[charitynjw]

Re: new CCJ added

Ok

Are you sure that BC was the legal rep for the claim/judgment?
Lowells normally use their in-house mob, Lowells Solicitors.

[owen2014]

Re: new CCJ added

The court judgement doesnt give any details so I will contact the court tomorrow - the only reason I beleive it was Bryan Carter is because thats who I pay each month? Its recorded on my credit file though as Lowell

[charitynjw]

Re: new CCJ added

If you pay the judgment amount within 30 days it isn't recorded.
If you don't it will stay on file for 6 years.
If you do get it set aside it will reset the claim to the point before judgment & you will have an opportunity to fight it or pay it (possibly negotiate payment & terms....Google 'Tomlin Order').

[owen2014]

Re: new CCJ added

I intend to try and get it set aside - is it a reasonable defence that
1) been paying £10 a month every month without fail
2) I have lived at this address for 2 years and have other bank accounts/debts clearly registered at this address on my credit file
3) I am on the electrol roll at this address.

My intention has always to pay my debts when I can afford to but this CCJ could potentially lose my job as I work in contracting that results in annual credit checks.

[warwick65]

Re: new CCJ added

Hi
I am afraid that the fact you have been paying is not a reasonable defence, they can issue a claim at any time, however the other two reasons are reasons to get it set aside if the claim form was sent to the wrong address

When was the account in question opened, that may be a way forward , and do you ave any of the original paperwork such as the agreement or Default notice or the notice of assignment from Very (or whoever it was) to Lowell

Did you ever receive letters from BC or Lowell to your current address regarding this debt ?

[charitynjw]

Re: new CCJ added

The fact that it has been sent to an old address is ample reason for not responding to the court claim. This is a hot potato atm.
http://www.dailymail.co.uk/news/arti...addresses.html

Ask the court that heard it to send you details including the Claimant's Particulars of Claim.
& write to the Claimant asap for consent to set aside. (Don't forget the proof of posting)

[owen2014]

Re: new CCJ added

The fact that it has been sent to an old address is ample reason for not responding to the court claim. This is a hot potato atm.
http://www.dailymail.co.uk/news/arti...addresses.html

Ask the court that heard it to send you details including the Claimant's Particulars of Claim.
& write to the Claimant asap for consent to set aside. (Don't forget the proof of posting)

1) ask the court who heard it to send you details - How do I do this? I was just going to ring the Northampton place with the case reference - will then send the details if I ring or do I need to send a specific letter?
2) Write the claimaint - is there any templates to what sort of letter I should send ?

- - - Updated - - -

Hi
I am afraid that the fact you have been paying is not a reasonable defence, they can issue a claim at any time, however the other two reasons are reasons to get it set aside if the claim form was sent to the wrong address

When was the account in question opened, that may be a way forward , and do you ave any of the original paperwork such as the agreement or Default notice or the notice of assignment from Very (or whoever it was) to Lowell

Did you ever receive letters from BC or Lowell to your current address regarding this debt ?

I have just gone through all my paperwork and I have no correspondce from them at all to this address. They must still have my old address - had I received the form I could of defended or at least looked at tomlin order given I am paying anyway

[charitynjw]

Re: new CCJ added

Trust Online should be able to tell you where the case was heard.
Contact that court for details.
https://www.trustonline.org.uk/

- - - Updated - - -

Set aside info
http://legalbeagles.info/library/how...-judgment-ccj/

[owen2014]

Re: new CCJ added

I have just done a search and it brings up

COUNTY COURT MONEY CLAIMS CENTRE

[charitynjw]

Re: new CCJ added

Interesting.
Ok, give them a ring on 0300 123 1372 to find out more info.

[owen2014]

Re: new CCJ added

Interesting.
Ok, give them a ring on 0300 123 1372 to find out more info.

Ok will do I may be wrong and it might not be Lowell but I have no other debts in my married name and at that address. I thought claims came from
northampton