lowell ccj struck out

[janexx37]

Good afternoon

i am looking for advice regarding a struck out ccj from lowell, what is my next course of action with them as they are still trying to pursue me, as i am not sure where i stand.

[echat11]

Hi JANEXX37

I think we need a more details, history regarding the debt etc. Why was the CCJ 'struck out'?

[jaguarsuk]

Good afternoon

i am looking for advice regarding a struck out ccj from lowell, what is my next course of action with them as they are still trying to pursue me, as i am not sure where i stand.

Do you mean that lowell were claiming against you and the claim has been struck out? Or that they had a CCJ against you and that has been set aside?

[janexx37]

hi sorry im new to all of this

the claimant was lowells and the case was struck out and vacated,

[echat11]

Fill in the following details:

Received a claim? Yes/No:

Issue Date:

Have you Acknowledged the Claim?:

Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)

Claimants Name:

Solicitors Firm:

Original Creditor:

Original Debt (eg. Credit card/Loan/Overdraft) :

Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):

List any letters you have sent (eg: CCA/ CPR ):

Any Other Information or Background Details:

[jaguarsuk]

hi sorry im new to all of this

the claimant was lowells and the case was struck out and vacated,

No need to be sorry, I just need to know certain things to allow me to tell you what your options are.

Why was it struck out?

And I wouldn't bother filling in the details requested in post #5, it won't be useful.

[janexx37]

hi

it was struck out due to lowell not complying to the court for paying the application fee and i was defending the alleged debt as statue barred.

[jaguarsuk]

hi

it was struck out due to lowell not complying to the court for paying the application fee and i was defending the alleged debt as statue barred.

Great, that means that if they wanted to resume the proceedings they would have to apply to the court to do so and seen as they didn't pay the fee that would suggest the debt is in fact stat barred, so they wouldn't bother.

Consequently they're just hoping they can wear you down into paying something you totally don't have to.

You need to write to them and tell them that they are to cease contact with you by all means and if they continue that you will deem them to be harassing you, therefore they would be liable under the Protection from Harassment Act 1997. Let them know that Fergusson v British Gas 2009 established that a company can harass an individual and that in the matter Fergusson won significant damages. Finally let them know that you have no problem in filing proceedings if they do not heed this warning.

That should do the trick.

[janexx37]

thank you i will do, is it possible to have this removed off my credit file?

[ostell]

How did it get on your credit file if it was stuck out?

[janexx37]

because lowell had defaulted wrong the statue barred debt and tried to apply a ccj

[echat11]

If you told Lowell's that the debt was statue barred and they still pursed a court claim, you could lodge a complaint with the FOS for the stress and harassment caused to you.

But you'd have to follow Lowell's complaints procedure, see what they say, if you're still not happy, get the final response and then complain to the FOS.

[janexx37]

well yes the court struck lowells claim out and they are still trying to pursue me and refuse to take it off my credit file according to equifax despite the court letters i have to prove the strike out from the courts for lowell not complying and paying the court fees

[echat11]

How much are they pursing you for?

[janexx37]

it was a small amount of 1500 pound