Lowell CCJ

[gsr456]

Hello there, many thanks for all the great work you do here.

I am issuing a N244 as Lowell Solicitors have obtained a CCJ against "me". I received some correspondence which was to a person with a similar sounding name to me. IE - A CCJ was made against Jon Surname, where my legal name is Jonathan DooubleBarreled-Surname. Every correspondence I had under the other name, I marked as unknown, return to sender.

I've only found out about the CCJ as I got an alert that my credit score has changed. Upon obtaining the court case number I called Northampton CC and told them about the situation. They've asked to call back at 9:30 to take payment for the N244. Would this be the best way to go about it? My grounds to challenge the CCJ is that I was unaware that any action was being taken about me, as the correspondence sent was not in my name.

Thank you!

[Amethyst]

Was the original debt yours ? Ie. Do you honestly believe those letters were mistaken identity / tracing error or were you trying to take advantage of them not using your full surname in addressing the letters? ( is it worth you spending £255 on the application to set aside if your only argument is that you returned all letters because of ( in essence) a misspelling of your name.

How much is the judgment for ?

[charitynjw]

Hi & welcome to LB.

Lowells Solicitors won't be the judgment creditor....that will probably be one of the other companies in the Lowell Group. (Ie Lowell Portfolio or somesuch.)
Lowell Solicitors will be the legal rep.

If you are genuinly nonplussed as to the validity of the alleged claim (& subsequent CCJ), in the first instance write to the judgment creditor (formerly the Claimant) explaining this & ask for their consent for a set aside.
Once obtained, you then only pay £100 for a set-aside application.

[gsr456]

Was the original debt yours ? Ie. Do you honestly believe those letters were mistaken identity / tracing error or were you trying to take advantage of them not using your full surname in addressing the letters? ( is it worth you spending £255 on the application to set aside if your only argument is that you returned all letters because of ( in essence) a misspelling of your name.

How much is the judgment for ?

Thanks for the reply. Not trying to take advantage of my name being incorrect, but as I never heard my name being spelled that way and due to the fact that we frequently receive correspondence for several ex-tenants in this flat, I marked them as return to sender. Judgement is £1400.00

[gsr456]

Hi & welcome to LB.

Lowells Solicitors won't be the judgment creditor....that will probably be one of the other companies in the Lowell Group. (Ie Lowell Portfolio or somesuch.)
Lowell Solicitors will be the legal rep.

If you are genuinly nonplussed as to the validity of the alleged claim (& subsequent CCJ), in the first instance write to the judgment creditor (formerly the Claimant) explaining this & ask for their consent for a set aside.
Once obtained, you then only pay £100 for a set-aside application.

I am trying to phone Lowell however they seem to be rather busy as no one is answering. I had a debt with EON which I'm thinking this could be why they are after me, though no idea how they would get my name wrong.

How would the process of a set aside consent go? If this is the debt they are after, I'd like the opportunity to pay without having a CCJ on my file - I just cannot pay the full amount now.

[MIKE770]

if you ring them ask them what it is for??? sometimes they letter all the same names and hit the wrong person, so do not say if you any money to anybody just what is the CCJ they got for and whom?? do not enter any conversation as they love people to ploy on the phone and get out of them commissions come back here for the next stage once you have the info

[charitynjw]

I am trying to phone Lowell however they seem to be rather busy as no one is answering. I had a debt with EON which I'm thinking this could be why they are after me, though no idea how they would get my name wrong.

How would the process of a set aside consent go? If this is the debt they are after, I'd like the opportunity to pay without having a CCJ on my file - I just cannot pay the full amount now.

If it were me I would not be phoning.
Everything in writing with proof of sending....that way there is a paper trail & no misunderstandings.

When (date) was the CCJ handed down?

[gsr456]

If it were me I would not be phoning.
Everything in writing with proof of sending....that way there is a paper trail & no misunderstandings.

When (date) was the CCJ handed down?

Thanks

CCJ was obtained on the 4th June - so I believe Im running out of time? Does it need t be rectified within a month?

[Amethyst]

If you intend to pay the judgment debt it would need to be paid in full within one month from the judgment date to avoid it being registered on the judgment register and your credit file for 6 years. If you apply to set aside and succeed then the judgment would be removed from the register. If you then went on to lose in defending the claim it would be re entered. You could set aside and then settle the claim if you don't think you have a defence against it.

So, first thing, do you think you will be able to defend the claim if it were set aside (and the claimant amends the name of defendant on the claim) .... is the EON debt legitimate? Were your EON bills in your full name? from the property you live in currently or from a previous property? and when was the EON debt first defaulted?
Did you receive a notice of assignment from EON to Lowell ?

[gsr456]

If you intend to pay the judgment debt it would need to be paid in full within one month from the judgment date to avoid it being registered on the judgment register and your credit file for 6 years. If you apply to set aside and succeed then the judgment would be removed from the register. If you then went on to lose in defending the claim it would be re entered. You could set aside and then settle the claim if you don't think you have a defence against it.

So, first thing, do you think you will be able to defend the claim if it were set aside (and the claimant amends the name of defendant on the claim) .... is the EON debt legitimate? Were your EON bills in your full name? from the property you live in currently or from a previous property? and when was the EON debt first defaulted?
Did you receive a notice of assignment from EON to Lowell ?

The EON Claim is for electricity in a previous flat, where I lived. At this stage I do not recall under what name was the account set up, but Im guessing the incorrect one if this was forwarded to Lowell?

I do not seem to have received any correspondence from EON to inform me that Lowell had purchased the debt. If they did, it would have been under the wrong name and I would have sent it back.

[Amethyst]

You will need to find out from Lowell what the judgment is for to really have any idea what to do. I see no harm in contacting them and saying you have just discovered a CCJ owned by them on your credit file - could they tell you what it is and send you the details so you can consider whether to apply to set aside or come to an arrangement.

Then if it is EON you can ask them to send you details of it - likely best way will be by making a Subject Access Request - https://legalbeagles.info/library/gu...ccess-request/

[gsr456]

It is for EON debt.

I've never received payment requests from EON nor did the defaulted payments appear on my credit file.

On my current flat, if I am late to pay British Gas electric they do show up on my file.

[Amethyst]

Not all utility companies report to the same CRA or at all.