2 ccj's for same debt

[john177]

Hi,

I am wondering if someone can help me, i have been trying to sort out my wifes debts and i have found two ccj,s relating to the same debt. One from March 2013 from santander cards uk and another from May 2015 from Lowell portfolio 1. In between those to ccj,s the debt had also been passed on to Newday Ltd. We have paid off the second ccj. Could you possibly give me some advice about getting the other ccj cancelled. Thanks

[Amethyst]

Re: 2 ccj's for same debt

Are you certain both CCJ's are for the same debt ? Are they showing separately on registry trust ( trust online) or have you found them on the credit file ? You will need to have one of the CCJ's set aside, usually this would be the second CCJ as it is the one that should not have been brought against you, but as you have paid it, I'm really not sure. It would be better to set aside the second one of course as the first will drop off the register two years earlier.

first of all you'll need to gather all the paperwork together. Both CCJ's should have different claim numbers so could you call the court and ask them to email you copies of each's details to double check the situation and work out how is best to sort it out.

[judgemental24]

Re: 2 ccj's for same debt

Res judicata will apply to Lowell if that is the case, you cannot have two causes of action for the same debt

Newday are not a Debt collecting agency by the way

They are a credit card broker

They spam me enough times since i signed up to that clearscore

[john177]

Re: 2 ccj's for same debt

Thanks very much for that.

I assumed they were different debts at the start but I now know they are the same debt. Original ref numbers and amounts match, once I took into account interest added by Lowell. I paid Lowell first, before I realised they were the same, then contacted the solicitors dealing with the first ccj. They told me it was nothing to do with then they had transferred the debt to Newday. I was able to trace the debt to Lowell. Do you suggest obtaining a refund from Lowell and attempting to pay the first ccj.


Thanks.

[nemesis45]

Re: 2 ccj's for same debt

Thanks very much for that.

I assumed they were different debts at the start but I now know they are the same debt. Original ref numbers and amounts match, once I took into account interest added by Lowell. I paid Lowell first, before I realised they were the same, then contacted the solicitors dealing with the first ccj. They told me it was nothing to do with then they had transferred the debt to Newday. I was able to trace the debt to Lowell. Do you suggest obtaining a refund from Lowell and attempting to pay the first ccj.


Thanks.

New Day are a credit card provider (Aqua for one)

Lowell have added interest to the debt??

nem

[john177]

Re: 2 ccj's for same debt

Have checked definately same debt diffence in amount is only due to interest being added by Lowell, approx £ 50. Not sure how to proceed now, should i try to get a refund from Lowell and then attempt to pay off first ccj ?

Any help would be greatly appreciated

Thanks

[judgemental24]

Re: 2 ccj's for same debt

You will have to set aside the second CCJ

Res judicata

[john177]

Re: 2 ccj's for same debt

Thanks wil lcontact lowell and try and get them to set aside the second ccj

Cheers.

[nemesis45]

Re: 2 ccj's for same debt

Have checked definately same debt diffence in amount is only due to interest being added by Lowell, approx £ 50. Not sure how to proceed now, should i try to get a refund from Lowell and then attempt to pay off first ccj ?

Any help would be greatly appreciated

Thanks

£50 sounds like a court/ solicitors fee rather than interest?

nem

[john177]

Re: 2 ccj's for same debt

Hi,

Have checked definitely interest , solicitors and court fees also added, £ 70 and £ 60.

Cheers

[judgemental24]

Re: 2 ccj's for same debt

You will have to set aside the CCJ but claim the cost back from Lowell

[john177]

Re: 2 ccj's for same debt

I made the mistake of paying Lowell , before I realised it was the same debt, do you have any idea how much this will complicate matters ?

[judgemental24]

Re: 2 ccj's for same debt

You need to work out how much the 1st judgement (CCJ) was for from Santandar, then deduct all payments made up till now to give you the figure how much you owe

Forget the Lowell CCJ as that is history and means nothing including their court costs

[john177]

Re: 2 ccj's for same debt

Do you think I should try to get a refund from Lowell before getting the second ccj set aside or can it all be done together ?

Thanks

[judgemental24]

Re: 2 ccj's for same debt

Lowell will have to pay you back everything as the CCJ they obtained is unlawful

You can put that you require payment of XYZ returned when you put in the appl;ication to set aside the second CCJ

Your first priority is to work out how much you have paid to lowell in total on this second CCJ