Lowell CCJ

[KyloRen]

Good afternoon,

I wanted some advice on how to deal with this, it may be a little long but I intend to provide full details.

In January 2007 I had gone OD with my bank at that time for a small amount, I cannot recall the exact amount but the bank charged me with the following for 6 continuous months:

INT TO JAN £30.88
INT TO FEB £39.70
INT TO MAR £33.11
INT TO APR £33.56
INT TO MAY £43.73
INT TO JUN £33.19

IBP *FROM SUSPENSE* JUL £690.40
IBP *FROM SUSPENSE* JUL £33.19

INT ADJ/CLOSE JUL £45.61

BAL TO BBD FINCON JUL £2,130.05

INT TO CLOSE JUL £10.69
INT LAST PER'D JUL £34.92

The above was a print out provided by the bank (after going in to branch to request it).

My reason for this post is I've not been overly savvy with knowing my rights as a consumer or the legalities and please don't take this post as a way for me to dodge any money I rightfully owe, which I am more than happy to pay back but what I find is wrong is in December of 2015 I received a letter from Lowell stating I owe £3,150 and the client being the bank.

I decided to look a little further into the matter and only come to realise 4 weeks ago that Lowell have a (CCJ) judgement against me in 2013 for the above amount, which I assumed has been sold onto Lowell to collect. I want to get my head around how a small OD managed to land me with a CCJ and debt amount which is more than a loan or credit card debt!

Where do I stand with this matter, as I want all the information and charges for the account to be provided to me. Surely, Lowell should be able to provide me with this right?

As far as I know the account was defaulted in July 2007 and the judgement granted in September 2013, how could the judge allow a CCJ to be applied after so many years?! I have never received any form of documents from any company up until December 2015 when Lowell sent a letter for the debt.

Is there a letter I could send to Lowell to provide me with full details or original debt along with charges added to the account so I could if need be take this to court to have set aside as I feel they had more than enough time to apply for a judgment surely not 6 years later?!

Any and all advice would be much appreciated.

[nemesis45]

Re: Lowell CCJ

Hi, welcome to LB,

There would have been a flood of letters / telephone calls prior to the issued have you moved around over the years.

Would Lowell have had a current address for when the claim /judgment was made?

Do you know what the amount owed on the OD is without any charges?

A creditor has 6 years to make a court claim.

So e have a default July 2007 and a judgement Sept, 2013 what we need to know is when exactly the judgement was issued.

nem

[KyloRen]

Re: Lowell CCJ

Hi Nemesis,

Thank you for the reply.

I moved out in 2014 after the judgement was granted, I haven't received anything otherwise I would have defended the claim.

I'm currently in process of obtaining the full account balance and charges made to the account. The bank manager printed me a copy and thereafter advised me to write to the debt department for any further information, which I have and now awaiting further details.

No acknowledgment nor payment was made to the above account from December 2006 / January 2007, I'm assuming the limitation period would have begun by then, right?

I called the court and the Judgement was issued 3rd September 2013 actioned by Lowell.

To give you more of an insight as to how and why it's come to light now is because Lowell sent a letter to my current address December 2015 about an outstanding debt, which I then started to make payments to since January 2016 but when I signed up to my credit report I noticed there's a CCJ and when I contacted the court it was submitted by Lowell for the above account. I have sent a CCA request to Lowell as I'm more than confident to say the debt is Statute Barred and when the judgement was granted the debt was Statute Barred.

Why would it take Lowell 6 years to even go to court for a judgement surely they could have gone to court before?

Any and all advice is much appreciated, should I wait to receive documents from Lowell before I make an application for a set aside?

Many thanks.

[nemesis45]

Re: Lowell CCJ

Hi Nemesis,

Thank you for the reply.

I moved out in 2014 after the judgement was granted, I haven't received anything otherwise I would have defended the claim.

I'm currently in process of obtaining the full account balance and charges made to the account. The bank manager printed me a copy and thereafter advised me to write to the debt department for any further information, which I have and now awaiting further details.

No acknowledgment nor payment was made to the above account from December 2006 / January 2007, I'm assuming the limitation period would have begun by then, right?

I called the court and the Judgement was issued 3rd September 2013 actioned by Lowell.

To give you more of an insight as to how and why it's come to light now is because Lowell sent a letter to my current address December 2015 about an outstanding debt, which I then started to make payments to since January 2016 but when I signed up to my credit report I noticed there's a CCJ and when I contacted the court it was submitted by Lowell for the above account. I have sent a CCA request to Lowell as I'm more than confident to say the debt is Statute Barred and when the judgement was granted the debt was Statute Barred.

Why would it take Lowell 6 years to even go to court for a judgement surely they could have gone to court before?

Any and all advice is much appreciated, should I wait to receive documents from Lowell before I make an application for a set aside?

Many thanks.

Good morning,

The time scale may be very tight what we need to know is the default date which is what the debt purchase " industry" tends to now rely on for limitations purposes.

The debt would have to have been statute barred on or before the claim was issued.

nem

[KyloRen]

Re: Lowell CCJ

Morning,

I'm waiting for the bank to supply the information along with Lowell. From the statement provided to me by the bank the debt was sold onto a third party in July 2007, would I be correct to assume they would have defaulted me by then?

So would you recommend I wait until I receive all documents from said parties before making my application?

Once again, thank you for the prompt replies.

[nemesis45]

Re: Lowell CCJ

Morning,

I'm waiting for the bank to supply the information along with Lowell. From the statement provided to me by the bank the debt was sold onto a third party in July 2007, would I be correct to assume they would have defaulted me by then?

So would you recommend I wait until I receive all documents from said parties before making my application?

Once again, thank you for the prompt replies.

Hi,

Yes you want all the " evidence" you can get, as you will also have to show that you have defence to the original claim that has a reasonable chance of success.

nem

[MIKE770]

Re: Lowell CCJ

they default then tend to sale it on within weeks. usually I found

[charitynjw]

Re: Lowell CCJ

I called the court and the Judgement was issued 3rd September 2013 actioned by Lowell.

......and the judgement granted in September 2013

I moved out in 2014 after the judgement was granted

[MENTION=55034]nemesis45[/MENTION]

Good morning nem & KyloRen

I'm trying to get my Monday morning head around this.
I guess it's safe to assume a default judgment, but to get it set aside, would the court need a good reason why this wasn't dealt with promptly at the time?

[nemesis45]

Re: Lowell CCJ

@nemesis45

Good morning nem & KyloRen

I'm trying to get my Monday morning head around this.
I guess it's safe to assume a default judgment, but to get it set aside, would the court need a good reason why this wasn't dealt with promptly at the time?

Yes [MENTION=5553]charitynjw[/MENTION] The court will question why an application was/is made so late.

nem

- - - Updated - - -

@nemesis45

Good morning nem & KyloRen

I'm trying to get my Monday morning head around this.
I guess it's safe to assume a default judgment, but to get it set aside, would the court need a good reason why this wasn't dealt with promptly at the time?

Yes [MENTION=5553]charitynjw[/MENTION] The court will question why an application was/is made so late.

nem

[KyloRen]

Re: Lowell CCJ

I'm assuming the court will want to know but in my defence I was only made aware of the CCJ once I had signed up to my credit report. The only letter to my current address was with regards to the outstanding debt nothing more.

Prior to this I was unaware of a CCJ on my account, the reality of it is im happy to pay the debt amount I just want the CCJ set aside. As I know most people in my predicament would want the same.

It's appalling as to how some of these companies are granted default judgments, but hey I won't cry over reality. I just need sufficient grounds to contest this on.

But as advised I shall gather all my evidence before proceeding forward. Would it be okay to keep you updated with regards to how I get on and any advice needed?

Thank you once again.

[charitynjw]

Re: Lowell CCJ

If you need to access details of the court case, it is likely that it was dealt with via Northampton CCBC.
When I last contacted them, I was told that they usually only keep records for about 3 years.
Case references (XXX-v-YYY & the claim number) will help.

Contact Northampton County Court Business Centre

General enquiries

Northampton County Court Business Centre
St Katharine's House
21-27 St Katharine's Street

Northampton
Northamptonshire
NN1 2LH
Telephone0300 123 1056
Telephone01604 619 400

Opening hours, facilities and more contact details:
https://courttribunalfinder.service....ss-centre-ccbc

[KyloRen]

Re: Lowell CCJ

If you need to access details of the court case, it is likely that it was dealt with via Northampton CCBC.
When I last contacted them, I was told that they usually only keep records for about 3 years.
Case references (XXX-v-YYY & the claim number) will help.

Contact Northampton County Court Business Centre

General enquiries

Northampton County Court Business Centre
St Katharine's House
21-27 St Katharine's Street

Northampton
Northamptonshire
NN1 2LH
Telephone0300 123 1056
Telephone01604 619 400

Opening hours, facilities and more contact details:
https://courttribunalfinder.service....ss-centre-ccbc

What information would I need to gather from the court? As when I called last they only supplied date and company.

[KyloRen]

Re: Lowell CCJ

[MENTION=55034]nemesis45[/MENTION]

Afternoon,

I've just received a letter from Lowell stating under CCA 1974 they do not need to provide documents where a county court judgment has been obtained against an account.

Should I send a SAR request to Lowell, I'm still waiting for the bank to reply to my CCA request.

Many thanks.

[nemesis45]

Re: Lowell CCJ

@nemesis45

Afternoon,

I've just received a letter from Lowell stating under CCA 1974 they do not need to provide documents where a county court judgment has been obtained against an account.

Should I send a SAR request to Lowell, I'm still waiting for the bank to reply to my CCA request.

Many thanks.

Yes can send a SAR and there is no reason that Lowell should decline to repy.

If it is affordable perhaps a SAR tp the original creditor would be useful.

nem

[KyloRen]

Re: Lowell CCJ

With regards to an SAR would/should Lowell provide me with all the documents associated to this account?

Thank you.