Teresa

[Guest]

I had a ccj in March this year from lowells regarding a credit card (capital one) for 312.00, i spoke to national debtline and they asked me to send to prove it letters one being for them to provide the original credit agreement and a statement of account. I received a copy of a credit agreement copied onto the back of one of there letters with my named typed on and date june 2015, and what looked like a a4 template of a rough statement of account, just on plain paper, i then received a directions questionnaire which i filled in and returned to the court stating i still needed the statement off account i requested this on the 14 march and they were supposed to provide this to me within 12 working days they sent there reply dated 18th april well over the 12 working days. I have now received a notice of referral to the small claims court and a date set for the 10th march 2021 and i have to have my defence to the court and to lowells by the 23/12/20, i genuinely to not remember this card that is why i am asking for proof,bearing in mind my sister died suddenly with a brain tumour in may 2015 and i was a mess therefore after, i still suffer with depression and i am scared of getting a ccj and don't know what to do, is there anybody who can give me any advice on this matters, thanks in advance.

[Celestine]

This is a very small amount of money to get a CCJ for especially with your personal circumstances. X

A 2015 account if pretty likely to have available the agreement, statements etc, so having already received these does not really provide strong defence points. The 12 days to comply just ,means the account becomes temporarily unenforceable until they supply the required documents, when it becomes enforceable again. The fact you received a directions questionnaire suggests you successfully filed a defence, albeit based then on missing CCA/statements?

Given your health issues, I would consider giving Lowell a call to speak to their vulnerable persons team and set up a manageable payment plan. They will probably draft whats called a Tomlin Order which means you don't get a CCJ on this claim unless you later default on the payment plan agreed.