Guess Who Lowell urgent

[SMcCann]

Hi

I have always read this site and now joined my situation is complex and I need urgent advice re Lowell it’s gone beyond a ccj but I feel I have mitigating circumstances for not replying when they issued a claim bereavement and anxiety I was signed off at the time by my gp and had gone through 18 months of civil litigation defending an estate on which I instructed

since checking the paperwork lowell have sent me since 2017 I have noted serious inaccuracies in information they have made it look like I have paid them money even adapting the amount I owe them and I have never ever paid them a penny and my last payment was to a collection agency the day after Lowell day they took over.

i am beside myself I need to hand inpaperwork to my local court tomorrow and I simply can not afford to instruct a professional of course I know I must hand in paperwork but I can’t believe they have blatantly recorded false and misleading information even reducing the amount by so much to fit with it looking like I paid them

I can not contact my credit card company until tomorrow to clarify balance and when it went to lowell as it had gone to collections

any advice appreciated please

[MIKE770]

Amethyst

[Amethyst]

What paperwork do you have to file with the court today ? Are you making a set aside application ?
Does the incorrect information about payments make a difference as to whether the debt is statute barred?

[SMcCann]

Hiya

its attatchment of earnings I need to take it in as was served 7 days ago I’ve updated I’m not in perm work

it’s not barrred but what I have found out today is it was sold on the date they say then I made 1 payment the day after to what I thought was my regular company who had a standing order and guess what without me being aware it had been sold they forwarded to Lowell and did the same the next month I really can’t believe it

however Lowell still make out I paid more than this my bank should not have sold it on as I was bereaved and fighting civil litigation stressed climate of fear etc it was one of the worst and saddest times if my life I feel hugely let down

however really do do not want a cc bailiff arresting me

[SMcCann]

Just not sure how to list the other debt I own somehow I managed a prove it with that one and they have not tookaction don’t want to acknowledge it on court form

I think what they have done re sending on my payment the day after Lowell’s took over without my knowledge is shady shady shady

[Amethyst]

Yes complete the AoE forms (N56 ) and take them to the court asap. Have you got your income and expenditure sheet sorted out? If not might be worth giving Stepchange a call see if they can help you do that, they know the figures that will be acceptable to the court so that any offer of payment you make would be accepted and affordable long term. There's a bit of info on AoE's here https://www.citizensadvice.org.uk/de...om-your-wages/

How much is the judgment?
Are you thinking of trying to apply to have the judgment set aside ( presumably it was obtained in default as you didn't respond ( understandbly) at the time you received the claim ? ) To know if you'd have any possibility of succeeding at set aside we'd need to know more about the original debt... amount, original debt, date it was assigned to Lowell etc as you would need to show you have a decent prospect of succeeding with a defence.
Were your bank aware of your situation at the time the account entered a default situation?

[SMcCann]

Infact the other debt they allegedly own is for a lot more money so why not take action on that one .

to be clear as I need to set off Lowell’s bought my debt day on the 3rd and my regular credit company took payment on the 4th and forwarded it with the best will in the world I could not have known I’m fuming

[Amethyst]

Did you receive a notice of assignment? and prior to that a default notice ? - were you in an arrangement with the original creditor before they sold it on?

I don't see it actually have made a difference if those payments hadn't been forwarded on to Lowell - unless they sold it over 6 years ago and your next payment that went to Lowell brought it within the last six years.

[SMcCann]

Hi

Thankyou paperwork is in I had already spoken to debt people as I did not receive notification of transferring to my home court you can imagine my surprise when a county court bailiff came calling.

to some degree I have buried my head in the sand at the point the claim came in I was signed off and on the floor I had no fight left

the debt is 3000 and yes my bank was fully aware and put me under a specialist team my anxiety was sky high and my grief had to take a side line while I defended the will the litigation for that went on for 18 months at significant cost to myself.

the bank kept me under the specialist team for

2 years with all charges stopped and it is the middle of that the sold my credit card debt what I am really struggling with is I had an arrangement with my bank on a standing order it was sold on the 24th and my bank then took payment on the 25th( the day after ) I had not been informed then they did it the next month ( I had still not been informed) and passed it on to Lowell therefore tying me in straight away without sharing information and I was under a specialist team they could not have done it at a worse time regardless of that Lowell state I have made 3 payments but my credit card stopped them on the second month

lit just seems wrong if my bank had signed over the rights of the debt whatauthority did they have to take money from my account pass it to Lowell without my knowledge it’s seems so unfair because of course I could never send prove it as they had received payment (without my knowledge)