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Ccj set aside....newbie!

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  • #1

    Ccj set aside....newbie!

    Hi, I recently discovered a CCJ on my report. I only found out as I was in the process of applying for a mortage.
    It is apparently for a door step loan (Provident) I believe, in my name dated back to 2010. How ever I did not take this loan.
    From 2003 until 2014 I was living in France so I was able to apply for the judgment to be set aside as I had proof of this. Lowell portfolio were/are the claimant and agreed to setting aside.....how ever I am new with all this and didn't ask for a Consent order - they simply wrote a letter to the court agreeing.
    I went to court yesterday and the judge agreed to set aside but told me I would need to now prepare my defence for another hearing.
    I contacted Lowell this morning and they tell me that the debt with them is now Statute Barred and they closed my account with them in February this year and that i should now contact Lucas Credit. Lucas Credit have told me to contact the solicitors who were not useful at all.
    I have asked that they withdraw the case - So I'm basically after any advice or info.
    Tags: None
  • #2
    Re: Ccj set aside....newbie!

    Hello,

    In an ideal situation you ought to have asked the judge for the Claimant's to have re-filed and re-served their Particulars of Claim within X days with your defence to follow, otherwise the claim should be struck out. That way, the onus is put back on them to bring the claim rather than you second guessing what the claim is for and whether your actually liable.

    To clarify, Lowell are suggesting the debt has been sold on to Lucas Credit? Did you receive any notice of assignment from Lucas Credit at all? If not, perhaps you might have a further defence on that point.

    What reasons make you think that you do not take out this loan?

    Why were the solicitors not helpful? What did you ask and what did they say in response?

    How long do you have to draft the defence, did the judge give you any timescale?
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment

    • #3
      Re: Ccj set aside....newbie!

      Hi,

      Thanks for the quick response!
      Yes Lowell are saying it is now nothing to do with them and I need to contact Lucas Credit. I have not received anything at all from anybody. The CCJ is in place for my previous address which I have not lived at since Feb 2016. CCJ is November 2016.

      The loan is from 2010. I was living and working in France at that time with my partner.

      I have 30 days to draft the defence and send to court and claimant.

      I basically asked the claimants solicitors for any information they have on the account/agreement they deem is mine - i have been told to request this in writing which I have just done. I also asked what direction their clients will want to take now - continue with the claim or not seeing as they agreed to my application to set judgment aside.

      Comment

      • #4
        Re: Ccj set aside....newbie!

        Well, arguably it is Lowell who are still the creditor in this case and if not, it is up to Lucas Credit to amend the claim in their name.

        You should look to send a CCA Request using this link and for the avoidance of doubt send to both Lowell and Lucas Credit http://legalbeagles.info/forums/show...y-of-Agreement

        You may also wish to use this link to http://legalbeagles.info/forums/show...ic-information

        and finally, a defence example to get you started http://legalbeagles.info/forums/show...t-Court-Claims

        If you weren't living in the UK at the time it is possible that the account was fraudulently set up, did you receive any correspondence at your old address whilst you were living there?

        I'm sure others will be along to assist in time
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment

        • #5
          Re: Ccj set aside....newbie!

          Thanks again!

          Im sending the CCA request this afternoon.

          I think it has to be fraudulent. No correspondence at all at previous address.

          Comment

          • #6
            Re: Ccj set aside....newbie!

            I contacted Lowell this morning and they tell me that the debt with them is now Statute Barred
            AfaIk, a CCJ does not become statute-barred.
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb

            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.

            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment

            • #7
              Re: Ccj set aside....newbie!

              This is where I get confused. The case is Lowell V Me. I contact Lowell and they tell me the debt account is closed due to it being statute barred contact Lucas credit.
              Very confused and stressed!

              Comment

              • #8
                Re: Ccj set aside....newbie!

                Did they tell you that in writing?
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb

                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.

                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment

                • #9
                  Re: Ccj set aside....newbie!

                  No, by telephone this morning. I have just sent a letter recorded delivery asking for all details

                  Comment

                  • #10
                    Re: Ccj set aside....newbie!

                    If the CCJ is over 6 years old, it will have dropped off the TrustOnline (Registry Trust) data base & the Judgement Creditor may have a very difficult time trying to enforce the judgment.
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb

                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.

                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment

                    • #11
                      Re: Ccj set aside....newbie!

                      Apologies I'm not being clear enough here.
                      Lowell have said the account was closed in February this year.
                      The CCJ is from Lucas I guess in November 2016

                      Comment

                      • #12
                        Re: Ccj set aside....newbie!

                        Since adding my post I have been doing some research and believe the alleged debt could actually have something to do with my late father.
                        This situation does not feel good. My father passed away 2 years ago now so I cannot even discus it with him.
                        I still need to prepare my defence. I don't feel comfortable stating this in it but should I mention that I suspect somebody of fraud?

                        Comment

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