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.