CCJ from Lowell

[purple86]

Hello, this is my first post, so thank you in advance for any advice any one can give me.
I checked my credit file this morning and there is a CCJ there that was issued on the 30/12/14 for £4400. I did not know what this was for and had not received any papers from the court as they were sent to an old address, so I phoned the court bulk centre and they said the claimant was Lowell. Looking on my credit file, there is a default from Lowell that is dated 19/02/2009 for £4200, so I am assuming that this refers to the same debt. Now I am not fully aware who the original creditor was and what the debt is actually for, but during the start of 2008 I went through a lot of personal difficulty and stupidly stopped paying all my debts and ended up in a terrible mess over all this. So I am 90% positive that the debt will have been statute barred by the time they claimed the ccj, even though a default was not put onto the account at a later date. How would I be able to find out the last payment date that I made and everything, so that I can now apply for the CCJ to be set aside on the statute barred defence. I am sure that it would have been statute barred by the time Lowell took me to court, but I want to be 100% as I cannot afford to pay the £155 fee for the set aside forms to be wrong.
Thankyou again

[nemesis45]

Re: CCJ from Lowell

Hi Welcome,
Can you recall what the default date was?
What type of account was it?
Lowell usually list accounts on credit files as " Loan from Lowell" , " Credit card from Lowell" etc.

For clarity: Statute Barred (simple contracts) No payments or unequivocal written acknowledgment of the debt in six clear years.
Any Court Claim in the 6 year period stops the clock on the day of issue.)

The clock starts clicking on the date a contractual payment was due and not made, after which no further payment was made and no written acknowledgment sent.

As there is a judgement in place there is no obligation for documents to be produced as the CCJ supercedes the agreement.

Is your credit file registered to your current address? Lowell would have searched your file before issuing a claim I'm sure and would have seen the address.

nem

[purple86]

Re: CCJ from Lowell

Thanks for the welcome
Yes, my current address is on my credit file and is what my bank account and my current credit card are linked to, the address that the court letter was sent to I have not lived in for over 2 years and my address has been updated twice since then (unfortunately I have had to move quite frequently!)
I only have access to noodle for my credit report at the moment, which doesn't give too much info, but the default is under the loan section and says unsecured loan. Account start date 08/11/2007 and the default date is 19/02/2009 although I am positive that I made no payments to, well anything I'm ashamed to say really, from mid 2008. So if that is the case then the account would have been statute barred by the time the CCJ was issued, am I correct? So what would my next step be please? I've worked so hard to turn things around and now I feel all stressed out again! Thankyou again

[nemesis45]

Re: CCJ from Lowell

A unsecured loan so 1 month after the last payment was made (for safety) the clock started ticking.
This stinks of dirty tricks Lowell would have known your address when issuing the claim and would disregard
any indication that the debt statute barred
I agree this is SB and the claim was out of time. Lowell will attempt to claim that the clock started ticking at the default date basing their claim on Appeal Court Case where there Lordships said the default date was the cause of action but this matter was in regard to an HP agreement not a simple contract.
It may be worth a try to get Lowell to get the judgement set aside by writing to them stating the facts we have discussed here thus avoiding costs all round ( I've done it before).

nem

[remington]

Re: CCJ from Lowell

hi purple that story sounds the same as my problem not receiving claim forms to defend the case before the hearing

[wirralguy1976]

Re: CCJ from Lowell

Hi purple.Having the same sort of problem myself.CC claim issued against me didnt even receive claim forms.SAR from OC has proved alleged debt was SB before CC claim was issued.Wescot spv ltd/Arrow global/Ind.

[nemesis45]

Re: CCJ from Lowell

Wirralguy ,

Has just PM me and has an excellent result which I'm sure
he will post for all to see:tinysmile_twink_t2::tinysmile_twink_t2::tinysm ile_twink_t2::tinysmile_twink_t2:

[FlamingParrot]

Re: CCJ from Lowell

Below is the post from Wirralguy on another thread, it shows it can be done. :high5:

Just to give you all an update. Just to give you an update. As you know I had an issue with an alleged debt that a default c.c.j had been given against me which I believed was SB before the claim was issued. Complained to I.N.D and got a bullish response from them so I then complained to AG. They investigated my complaint and have just got back to me with a long letter/response. They are closing the account with immediate effect. They have sent me a consent form and once they receive it back they are going to apply to have the c.c.j set aside with the claim dismissed and no order for costs. Never give up folks. Thank you all for all of your advice its much appreciated. WG