Lowell - Notice of intention to enforce

[hayleycovell]

Hi everyone!

Today I received a letter out of the blue from Lowell Solicitors titled Notice of Intention to Enforce.

They state that they have been instructed by their client, Shop Direct / Very, to issue an application for a Warrant of Control due under the CCJ dated 24/9/2015. Now I haven't received any Court letters but I have moved since HOWEVER Very have the address I was at in the time frame we supposedly received a CCJ.

BACKSTORY to understand:

4 years ago in September 2013 I had a Very account (stupidly) and had a £1800 (or a bit less) balance. I was only paying off the interest and wasn't in debt but I met my current partner who decided to take a loan out in his name to pay off the debt to Very and close the account as the interest was insane.

Anyway, we got the loan from Sainsburys bank for 24 months in Feb 2014 which had little interest, and paid off Very in full. This was all while living at home with our parents. ( I was 19)

A month later they took £200 out of my bank which was the amount I used to pay each month. I called them and said the balance was cleared so shouldn't have been charged again, turned out I was right and they reversed the payment. Sorted.

In August 2014 we moved into our first flat together and then started getting phone calls pestering for the £200. I explained over and over to different callers from the same company and each time they said they amended it on my account.

That was the end. No more calls. We then have moved 3 more times (due to starting University) and currently rent through bridgfords letting agents. Never had student accommodation.

Anyway, this is literally the first time hearing it since 4 years ago.

We have lived in our current flat for a year now. Before that we lived in a house for a year. Now to move into a new place they don't accept CCJ's so do a check which they did and we were clear. But I'm thinking maybe the CCJ is listed to my first apartment where they last contacted us.

I have checked my Very account and it still says Balance £0 meaning I have no outstanding balance.

I have no idea what is going on, any help is much appreciated.

I was just going to call very and explain everything and hopefully they'll see my account and call off this whole thing.

Thank you
Hayley

[nemesis45]

Re: Lowell - Notice of intention to enforce

Good morning welcome to LB,

Have you any written proof that debt was paid off?

One point on the credit reference files entry. When a debt is sold to a debt purchaser such as Lowell the account is marked settled and balance set to zero.

- - - Updated - - -

Good morning welcome to LB,

Have you any written proof that debt was paid off?

One point on the credit reference files entry. When a debt is sold to a debt purchaser such as Lowell the account is marked settled and balance set to zero.

[Debt Camel]

Re: Lowell - Notice of intention to enforce

You can check on Trust Online to see if you have a CCJ at the old address: https://www.trustonline.org.uk/search-yourself

Assuming there is one, you can apply to the court to have it set aside on the grounds that you never owed the money ... You can produce your bank statements as proof for what you paid.

But it would be useful to know exactly why Very think you owed this money for... I suggest sending a Subject Access Request to Shop Direct for your Very account, see https://ico.org.uk/for-the-public/personal-information/. And telling Lowell, you were unaware of the debt, you dispute you owed any money at all as you paid your balance in full and you have sent a SAR to Shop Direct concerning this. Ask them to hold off on any enforcement action until this dispute is resolved.

[hayleycovell]

Re: Lowell - Notice of intention to enforce

Hi!

Thank you for your reply

I spoke to Very customer service who themselves found my old account and confirmed i had paid off £1870 in one go.

So the company who have caused all this confirmed i have paid off the debt.

They said to.ring Monday and talk to the finance team who can hopefully make sense of what has happened.

Really annoying as i already have the CCJ now �� even though i paid the debt off. No idea what i can do legally as this is genuinely a f'ck up by the company and not myself.

I would understand if i had ran away from the debt. But to pay it.all off then have this happen 4 years later. Ridiculous.

Any advice is helpful
Thanks again

[Diana M]

Re: Lowell - Notice of intention to enforce

you can apply to the court to have it set aside on the grounds that you never owed the money.

The only grounds for an Application to set aside the Default Judgment would be on the basis that the OP was never served with the claim in the first instance (if that’s the case).

The Judgment Creditor would probably argue it was served on the OP’s “last known address” so it was deemed served. The OP would need to evidence that the Judgment Creditor would, or should, have known they weren’t living there by producing evidence of them living elsewhere (tenancy agreement, electoral roll on CRA file etc.)

If the set aside Application is successful then the OP would subsequently file a Defence arguing that no debt exists (if that’s the case).

I would suggest that they approach Lowell Solicitors direct to see if they will consent to a set aside and either dismissal of the Claim or a Discontinuance once they have established the facts.

Di

[Diana M]

Re: Lowell - Notice of intention to enforce

I received a letter out of the blue from Lowell Solicitors titled Notice of Intention to Enforce.

They state that they have been instructed by their client, Shop Direct / Very.

Are you sure the letter says Lowell Solicitors have been instructed by their client Shop Direct and not that their client is Lowell Portfolio who may have been assigned the debt by Very?

Who is named as the Claimant on the Default Judgment?

You have the Claim reference on the Lowell Solicitors’ letter (I saw that before it was redacted) so you can call NCCBC and ask them to email you the Case Details (i.e. the Particulars of Claim) and the Default Judgment (CCJ).

Di

[hayleycovell]

Re: Lowell - Notice of intention to enforce

The OP would need to evidence that the Judgment Creditor would, or should, have known they weren’t living there by producing evidence of them living elsewhere (tenancy agreement, electoral roll on CRA file etc.)

Di

Hi, thank you for your response. In regards to evidence, on my Very account there are 2 addresses, the old one where the court documents were sent and CCJ is linked to and then an updated address where i lived during the time the court documents were sent out and ccj issued.

It says the ccj was dated sept 2015, i lived at the address on my Very account August 2015 until December 2016 and never received a letter.

Would this be sufficient pin proving they should have known i wasnt liveing at the old address where they sent lettersni didnt receive.


Also i never provided my address as i didn't run away from debt, i paid it off in full which Very actually confirmed last night on the phone so i had no need to update my address.

They told me on the phone that i had paid but they mistakenly took another direct debit out 2 weeks after i paid in full. So they reimburses me but apparently now they think i owe it.

So i am told to call their other phonline Monday to talk to finance department.