Help with Lowell.. refusing to supply CCA

[Hollyemma12]

Hi there, first post here. Thank you in advance for reading and helping me. I have a Very account for £1100 which was sold to Lowell. I didn’t make any payments and buried head in the sand. I moved to America in 2018 and Lowell sent a CCJ claim form to my old adress which was forwarded to me in America. I put a note that I lived in America and heavily pregnant and not working. I heard nothing again from Lowell, and I have no CCJ according to my credit reports, trust online and according to the courts the status is “Stayed, no further action”I have since come back to the UK, and tackling my debts. I sent Lowell a CCA request for the Very debt, they have replied with this*

....”we note that your account had a CCJ registered against it in May 2018 under claim number XXXXXXXX, therefore please note that a CCJ supersedes a CCA request and where a judgement has been applied then as a business we will continue to pursue the debt as we can be certain that the debt is collectable. We trust this clarifies the matter, we ask that you contact us to discuss your intentions towards this account and review a suitable payment arrangement. We will cease collections activity for 30 days to await response”


i definitely don’t have a CCJ... according to the court the status is stayed and they haven’t done anything. Should I persist to ask for CCA request? I’m worried that they will go forward with the CCJ again... but at the same time can they do that if they don’t have the CCA?*


Please help!*

Holly

[MIKE770]

Amethyst*

[MIKE770]

could ring the court concerned give them case number and ask status,*

[Amethyst]

Hi there, first post here. Thank you in advance for reading and helping me. I have a Very account for £1100 which was sold to Lowell. I didn’t make any payments and buried head in the sand. I moved to America in 2018 and Lowell sent a CCJ claim form to my old adress which was forwarded to me in America. I put a note that I lived in America and heavily pregnant and not working. I heard nothing again from Lowell, and I have no CCJ according to my credit reports, trust online and according to the courts the status is “Stayed, no further action”I have since come back to the UK, and tackling my debts. I sent Lowell a CCA request for the Very debt, they have replied with this

....”we note that your account had a CCJ registered against it in May 2018 under claim number XXXXXXXX, therefore please note that a CCJ supersedes a CCA request and where a judgement has been applied then as a business we will continue to pursue the debt as we can be certain that the debt is collectable. We trust this clarifies the matter, we ask that you contact us to discuss your intentions towards this account and review a suitable payment arrangement. We will cease collections activity for 30 days to await response”


i definitely don’t have a CCJ... according to the court the status is stayed and they haven’t done anything. Should I persist to ask for CCA request? I’m worried that they will go forward with the CCJ again... but at the same time can they do that if they don’t have the CCA?


Please help!

Holly

If you are certain there is no CCJ then I would ignore it for now. If they decide to try and lift the stay and obtain judgment you can then defend the application. The alternative is to apply to strike out the claim through the court - however Very accounts usually do have the agreements available so you'd be unlikely to succeed in that argument alone.

Or of course you could make an offer to settle out of court, under a consent order to keep the claim stayed until it's settled and get rid of it once and for all.

How much is the alleged debt? ( £1100 soooo could possibly offer £350 lump sum without prejudice in full and final settlement of their claim)*

( I am assuming you have already spoken to the court since Lowell told you they had a ccj )*