CCJ/Lowell

[pinkish]

Hi Please can you advise I have had a debt with a pay plan that has been in place since 2005. Over the past few years the debt has been transferred from Robinson Way to Hoist and now to Lowell. I requested a copy of the CCA relating to this debt from Lowell. They wrote back and told me because there was a CCJ against this debt they did not have to send me a copy of the CCA. I was not aware I had a CCJ against me for this debt. II wrote to them and asked for a copy of the CCJ and they have responded informing me that as it was over six years they had no CCJ information to send me. I have never seen a CCJ on my experian credit file and I have never received a letter from Robinson Way or Hoist informing me that they were applying for a CCJ. I have looked on Trust on line and contacted Northhampton County Court (Business Centre) and they have no CCJ registered to my name. However I understand that it is over six years and as as Lowell have pointed out this will have now dropped off the there was one this will have dropped of the registry. I have also written to Robinson Way and Hoist requesting information about this CCJ but they have not responded to me. My questions are

how can I/is there a way I can find out if there has been a CCJ against me in the past?
were do I stand in continuing to pay this debt if they cannot produce the CCA or the CCJ ?

Kind regards
Pinkish

[echat11]

Hi Pinkish

Welcome to LB

Send Lowell's a SAR, see what that throws up, make sure you get Proof of Postage.
(only caveat is that there might not be much data available).

https://legalbeagles.info/library/gu...ccess-request/

Because of the various 'ownership's' of the debt, there might not actually be a CCJ, if that is the case, lodge a formal complaint with Lowell's, follow the complaints procedure on their website, they shouldn't be misleading you.

[pinkish]

ECHAT11
Hi
As advised above I wrote to Lowell and lodging a formal complaint and I have had a reposne today. This is what they have said (summary)
You are unhappy because Lowell are unable to provide you with the credit agreement or the CCJ documentation.
We hold a HSBC account in your name opened 1987. HSBC entered a default for this account October 2007. Account sold to Hoist. Lowell acquired Hoist account 2022. having reviewed the interactions on this account it is evident that you were made aware of the CCJ on 1/8/2011 on a phone call with Hoist (I have no evidence of these interactions either from Hoist or Lowell and no recollection of a phone call form Hoist in fact I have never spoken to Hoist ). Hoist records state that CCJ was entered on 6/7/2009 due to your admission of the debt. They have provided me with the claim number. Despite my attempts to retrieve documentation relating to this, unfortunately due to due to time lapsed I am unable to provide this. . As a CCJ was obtained your liability for this account has been formally confirmed by the Court thus we are not required to provided you with any documentation demonstrating your liability for this account. It is evident that you have made payments to this account since 2014. I have found no interactions in which you have disputed the account. . Due to the time passed since CCJ was obtained it is no longer reported on public records, however this does not remove your liability for the account. Should you wish t challenge the validity f the CCJ seek independent advice for a solicitor or CAB'

So in some ways no further forward in as much as Lowell cannot provide evidence of CCA or CCJ in any way whatsoever. Please can/are you able to advise what you think my next steps should be
Kind regards
Pinkish

[echat11]

ECHAT11
Hi
As advised above I wrote to Lowell and lodging a formal complaint and I have had a reposne today. This is what they have said (summary)
You are unhappy because Lowell are unable to provide you with the credit agreement or the CCJ documentation.
We hold a HSBC account in your name opened 1987. HSBC entered a default for this account October 2007. Account sold to Hoist. Lowell acquired Hoist account 2022. having reviewed the interactions on this account it is evident that you were made aware of the CCJ on 1/8/2011 on a phone call with Hoist (I have no evidence of these interactions either from Hoist or Lowell and no recollection of a phone call form Hoist in fact I have never spoken to Hoist ). Hoist records state that CCJ was entered on 6/7/2009 due to your admission of the debt. They have provided me with the claim number. Despite my attempts to retrieve documentation relating to this, unfortunately due to due to time lapsed I am unable to provide this. . As a CCJ was obtained your liability for this account has been formally confirmed by the Court thus we are not required to provided you with any documentation demonstrating your liability for this account. It is evident that you have made payments to this account since 2014. I have found no interactions in which you have disputed the account. . Due to the time passed since CCJ was obtained it is no longer reported on public records, however this does not remove your liability for the account. Should you wish t challenge the validity f the CCJ seek independent advice for a solicitor or CAB'

So in some ways no further forward in as much as Lowell cannot provide evidence of CCA or CCJ in any way whatsoever. Please can/are you able to advise what you think my next steps should be
Kind regards
Pinkish

Have you sent them a SAR yet? Then you should get details of what they are saying in there letter.
They may not be upfront about 'matters' they are referring too. The date of the Default, the CCJ date etc.

[pinkish]

Re ECHAT11

I asked for the information in my letter of complaint but I did not complete the formal SAR. I will do that and then see what happens

Thank you

[echat11]

Re ECHAT11

I asked for the information in my letter of complaint but I did not complete the formal SAR. I will do that and then see what happens

Thank you

Update when you get a response.

[pinkish]

echat11;n1682587
Pinkish CCJ/Lowell

Hi
I sent a SARS request to Lowell on the 1st July this went signed delivery and having tracked the letter I can see it was delivered. It is now 5th August and I have not had any response form Lowell. Please can you advise next steps.



Kind regards
Pinkish

[echat11]

echat11;n1682587
Pinkish CCJ/Lowell

Hi
I sent a SARS request to Lowell on the 1st July this went signed delivery and having tracked the letter I can see it was delivered. It is now 5th August and I have not had any response form Lowell. Please can you advise next steps.



Kind regards
Pinkish

Send a chase letter to Lowell, make sure you get Proof of Postage -

https://ico.org.uk/for-the-public/ge...happy-with-it/

[pinkish]

echat11/ CCJ/Lowell/Pinkish

Hi

Strangely after sending my email to you earlier today, post was late and the SAR documentation arrived late this afternoon.

I have looked through the documentation and there is nothing much in relation to a CCJ other than Lowell's notes re my letters to them re this subject and their responses other than one letter from a solicitor. Thy have sent me a copy f this letter which I'm not sure is evidence of a CCJ against my name specifically. FYI Robinson Way was managing this debt then they transferred it to Hoist. The letter is from hc & co solicitors and it says the following -

We write further to the correspondence you received from Hoist Finance Uk Holdings 2 Limited 9HFUKH2L) confirming they are now the legal owners of the above referred account (this is my account number) Our client has instructed us to send this letter for information purposes. Our client instructed Blake Morgan Solicitors to submit an Application to the court to substitute the Claimant details from HPH to HFUKH2L. This Order has now been granted by the court. Accordingly please find enclosed the court order confirming the position. We request that you continue to deal with our clients agent Robinson Way Limited in respect of this account. The claim number quoted on this letter is the same one that they have been quoting all along. And this is the number that I gave Northampton County Court when I contacted them about the issue. At the time they said it was a strange claim number and didn't start or read like their usual claim numbers. I have never received this letter from hc solicitors until now.

Confused as to where to go with this, are you able to advise next step?

Kind regards

Pinkish

Send a chase letter to Lowell, make sure you get Proof of Postage -

https://ico.org.uk/for-the-public/ge...happy-with-it/[/QUOTE]

[pinkish]

echat11/ CCJ/Lowell/Pinkish

Hi

Strangely after sending my email to you earlier today, post was late and the SAR documentation arrived late this afternoon.

I have looked through the documentation and there is nothing much in relation to a CCJ other than Lowell's notes re my letters to them re this subject and their responses other than one letter from a solicitor. Thy have sent me a copy f this letter which I'm not sure is evidence of a CCJ against my name specifically. FYI Robinson Way was managing this debt then they transferred it to Hoist. The letter is from hc & co solicitors and it says the following -

We write further to the correspondence you received from Hoist Finance Uk Holdings 2 Limited 9HFUKH2L) confirming they are now the legal owners of the above referred account (this is my account number) Our client has instructed us to send this letter for information purposes. Our client instructed Blake Morgan Solicitors to submit an Application to the court to substitute the Claimant details from HPH to HFUKH2L. This Order has now been granted by the court. Accordingly please find enclosed the court order confirming the position. We request that you continue to deal with our clients agent Robinson Way Limited in respect of this account. The claim number quoted on this letter is the same one that they have been quoting all along. And this is the number that I gave Northampton County Court when I contacted them about the issue. At the time they said it was a strange claim number and didn't start or read like their usual claim numbers. I have never received this letter from hc solicitors until now.

Confused as to where to go with this, are you able to advise next step?

Kind regards

Pinkish

Send a chase letter to Lowell, make sure you get Proof of Postage -

https://ico.org.uk/for-the-public/ge...happy-with-it/

[/QUOTE]

[pinkish]

echat11;n1682587
Pinkish CCJ/Lowell

Hi just checking if you have seen my post re SARS/Lowell on 5/8/24, are you bale to advise re net steps to take? And sorry I resent the post again by accident tonight.
Kind regards
Pinkish

[echat11]

echat11;n1682587
Pinkish CCJ/Lowell

Hi just checking if you have seen my post re SARS/Lowell on 5/8/24, are you bale to advise re net steps to take? And sorry I resent the post again by accident tonight.
Kind regards
Pinkish

What exactly does the letter say? Is any of the following, your comments?

'We write further to the correspondence you received from Hoist Finance Uk Holdings 2 Limited 9HFUKH2L) confirming they are now the legal owners of the above referred account (this is my account number) Our client has instructed us to send this letter for information purposes. Our client instructed Blake Morgan Solicitors to submit an Application to the court to substitute the Claimant details from HPH to HFUKH2L. This Order has now been granted by the court. Accordingly please find enclosed the court order confirming the position. We request that you continue to deal with our clients agent Robinson Way Limited in respect of this account. The claim number quoted on this letter is the same one that they have been quoting all along. And this is the number that I gave Northampton County Court when I contacted them about the issue. At the time they said it was a strange claim number and didn't start or read like their usual claim numbers. I have never received this letter from hc solicitors until now.'

[pinkish]

Quote echat11;n1682587
Pinkish CCJ/Lowell

Hi The letter form hc&co solicitors is word for word from ' We write further to ...in respect of this account. My words start form ' the claim number quoted on this letter to...I have never received a letter form hc solicitors until now . And this is the letter that Lowell have enclosed with the SARS documentation

Regards
Pinkish

[echat11]

Quote echat11;n1682587
Pinkish CCJ/Lowell

Hi The letter form hc&co solicitors is word for word from ' We write further to ...in respect of this account. My words start form ' the claim number quoted on this letter to...I have never received a letter form hc solicitors until now . And this is the letter that Lowell have enclosed with the SARS documentation

Regards
Pinkish

So the letter is the following:

''We write further to the correspondence you received from Hoist Finance Uk Holdings 2 Limited 9HFUKH2L) confirming they are now the legal owners of the above referred account (this is my account number) Our client has instructed us to send this letter for information purposes. Our client instructed Blake Morgan Solicitors to submit an Application to the court to substitute the Claimant details from HPH to HFUKH2L. This Order has now been granted by the court. Accordingly please find enclosed the court order confirming the position. We request that you continue to deal with our clients agent Robinson Way Limited in respect of this account.'

Your comments are:

'The claim number quoted on this letter is the same one that they have been quoting all along. And this is the number that I gave Northampton County Court when I contacted them about the issue. At the time they said it was a strange claim number and didn't start or read like their usual claim numbers. I have never received this letter from hc solicitors until now.'

So it sounds like they were amending some incorrect details regards your account number, but it doesn't specify what the Order is and why Robinson Way Limited (debt collectors) would still be involved, if they have a CCJ..

They can't provide a copy of the credit agreement, so they can't fulfill your CCA request, but say they obtained a CCJ.

They say that they obtained a CCJ, but can't provide any documents.

Have you stopped making payments?

[pinkish]

So the letter is the following:

''We write further to the correspondence you received from Hoist Finance Uk Holdings 2 Limited 9HFUKH2L) confirming they are now the legal owners of the above referred account (this is my account number) Our client has instructed us to send this letter for information purposes. Our client instructed Blake Morgan Solicitors to submit an Application to the court to substitute the Claimant details from HPH to HFUKH2L. This Order has now been granted by the court. Accordingly please find enclosed the court order confirming the position. We request that you continue to deal with our clients agent Robinson Way Limited in respect of this account.'

Your comments are:

'The claim number quoted on this letter is the same one that they have been quoting all along. And this is the number that I gave Northampton County Court when I contacted them about the issue. At the time they said it was a strange claim number and didn't start or read like their usual claim numbers. I have never received this letter from hc solicitors until now.'

So it sounds like they were amending some incorrect details regards your account number, but it doesn't specify what the Order is and why Robinson Way Limited (debt collectors) would still be involved, if they have a CCJ..

They can't provide a copy of the credit agreement, so they can't fulfill your CCA request, but say they obtained a CCJ.

They say that they obtained a CCJ, but can't provide any documents.

Have you stopped making payments?

echat11;n1685917]

I am still making monthly payments. So as I mentioned in my first post to you re this, the debt has been since 2005 and has bee passed from Robinson Way then to Hoist before Lowell recently took over. I have been doing some googling/research and I'm wondering if this relates to a Global Substitution Order that was undertaken buy Hoist in 2019/2020. If this is the case then not sure where I would stand re this, I would welcome your thoughts/thinking on this

Many thanks Pinkish