Discovered I have a CCJ against me from Lowell Portfolio, can I get it set aside?

[potnoodle]

Hi,

Sorry if I'm posting this in the wrong place, please move it to the right section if I'm doing this wrong, thanks.

I had some pretty bad debts several years ago due to being off work sick for a few years. The last debt I had was from a Vanquis credit card that I defaulted on in November 2010, so I was hoping the default would drop off my credit record and it would be clear for the first time in many years.

I moved house a couple of months ago, and I'm now in the process of setting up my own business so I'm trying to get a loan to get started. I got rejected by a few loan companies, so I checked my credit on noddle.co.uk. I discovered I have a CCJ from Lowell Portfolio for £1989, originally from Vanquis. I called the court and they told me BW Legal are representing them.

Apparently the CCJ was served at my old address (while I was living there) in July 2015, but I don't remember getting any court paperwork. At my old flat, sometimes the postman would put the mail into some boxes in the main hallway that were full of junk mail and pizza leaflets, so they might have been thrown in the bin with the junk. Also, I suffer from ADHD, and it's not uncommon for me to completely forget to open mail and then lose it under all the papers on my desk.

Would it be possible to get this CCJ set aside? I didn't get the paperwork, and there are probably some 'unfair' charges included in the amount, and possibly even some PPI(?).

What is the best course of action? Should I contact BW Legal and ask them for information, or is this a bad idea? I'm on a low income right now, so I could probably get the court fees waived if I need to pay any.

I really appreciate any help. Thanks.

[charitynjw]

Re: Discovered I have a CCJ against me from Lowell Portfolio, can I get it set aside?

Hi potnoodle & welcome to LB.

Firstly, at first blush, & from my take on what you have posted, you aren't denying that you owed the debt.
The court claim appears to have been correctly served. (you could check this; Northampton CCBC is probably the best place to contact).
If the CCJ is by default, you can apply for a set-aside of the judgment in order for you to plead your case.
However, you'd need a good reason why you failed to respond to the court claim. (As you are running a business this could be a tad tricky)
& you would need to demonstrate that you have a viable defence to the claim.
Tbh, I'm amazed that the Claimant hasn't tried to enforce the CCJ yet.

[samuwell]

Re: Discovered I have a CCJ against me from Lowell Portfolio, can I get it set aside?

Is it possible that you could come to some agreement with them, as a vulnerable person. They could withdraw the claim if you complain about the amount and details of claim, then ask to agree a lesser settlement - but on the condition that they remove the mark on your CRF. Maybe worth a try? Best done in writing though so the formal complaint goes through.

[charitynjw]

Re: Discovered I have a CCJ against me from Lowell Portfolio, can I get it set aside?

Is it possible that you could come to some agreement with them, as a vulnerable person. They could withdraw the claim if you complain about the amount and details of claim, then ask to agree a lesser settlement - but on the condition that they remove the mark on your CRF. Maybe worth a try? Best done in writing though so the formal complaint goes through.

Lowells have appeared to have forgotten or misplaced the paperwork on this; they haven't tried enforcing it for a year & a half.
If it were me, I wouldn't go knocking on their door just yet.

[samuwell]

Re: Discovered I have a CCJ against me from Lowell Portfolio, can I get it set aside?

Lowells have appeared to have forgotten or misplaced the paperwork on this; they haven't tried enforcing it for a year & a half.
If it were me, I wouldn't go knocking on their door just yet.

Probably the best advice in the circumstances. Maybe be ready with plan B if they do come knocking. Shame about the CRF though, another 5 years to wait?

[Debt Camel]

Re: Discovered I have a CCJ against me from Lowell Portfolio, can I get it set aside?

If there was PPI you can still complain about it - a CCJ doesn't affect that. Make sure you don't use a claims company though as any compensation may be used to reduce the balance outstanding.

[samuwell]

Re: Discovered I have a CCJ against me from Lowell Portfolio, can I get it set aside?

If there was PPI you can still complain about it - a CCJ doesn't affect that. Make sure you don't use a claims company though as any compensation may be used to reduce the balance outstanding.

Yes, they have been known to pay off debts to banks, companies and then take you to court for the costs of chasing the PPI.

[potnoodle]

Re: Discovered I have a CCJ against me from Lowell Portfolio, can I get it set aside?

Hi potnoodle & welcome to LB.

Firstly, at first blush, & from my take on what you have posted, you aren't denying that you owed the debt.
The court claim appears to have been correctly served. (you could check this; Northampton CCBC is probably the best place to contact).
If the CCJ is by default, you can apply for a set-aside of the judgment in order for you to plead your case.
However, you'd need a good reason why you failed to respond to the court claim. (As you are running a business this could be a tad tricky)
& you would need to demonstrate that you have a viable defence to the claim.
Tbh, I'm amazed that the Claimant hasn't tried to enforce the CCJ yet.

How would I go about doing this? Do I have to contact BW Legal first? Do I have to fill out a N244 form? What steps do I need to take? Sorry for all the questions, I really don't know anything about this stuff.

My main priority is getting my credit cleared of this CCJ, but I don't have much money right now.

Thanks.

- - - Updated - - -

Yes, they have been known to pay off debts to banks, companies and then take you to court for the costs of chasing the PPI.

I'm not really concerned about claiming any PPI, I just want to get this CCJ off my credit record.

[samuwell]

Re: Discovered I have a CCJ against me from Lowell Portfolio, can I get it set aside?

My main priority is getting my credit cleared of this CCJ, but I don't have much money right now.

Thanks.

Do you know who actually put the entry on your credit file? You need to check them out on FCA to see if they have full permissions to do that.
- - - Updated - - -



I'm not really concerned about claiming any PPI, I just want to get this CCJ off my credit record.[/QUOTE]

- - - Updated - - -

THE FCA
https://www.fca.org.uk/firms/authori...FQmeGwodzcgHBw

[MIKE770]

Re: Discovered I have a CCJ against me from Lowell Portfolio, can I get it set aside?

to have a CCJ off file it would of had to have been paid off within 28 days, otherwise paid off after marked as settled but stays on there.

Hence if you did not know about the CCJ then apply to have it set aside as advised above.

[charitynjw]

Re: Discovered I have a CCJ against me from Lowell Portfolio, can I get it set aside?

How would I go about doing this? Do I have to contact BW Legal first? Do I have to fill out a N244 form? What steps do I need to take? Sorry for all the questions, I really don't know anything about this stuff.

My main priority is getting my credit cleared of this CCJ, but I don't have much money right now.

Thanks.

- - - .

There's a lot to think about.
Firstly. as previously posted. if the service of claim was ok (ie correct name, address etc), then it is probable that a set aside would only be at the court's discretion.
You could seek the Claimant's permission, but what would their incentive be?
(Possibly, if you agreed to pay in return for the set-aside, but you imply that money is an issue & this is a £2k debt).
Also, to do anything atm will put you in the spotlight.

[samuwell]

Re: Discovered I have a CCJ against me from Lowell Portfolio, can I get it set aside?

My main priority is getting my credit cleared of this CCJ, but I don't have much money right now.

Thanks.

Do you know who actually put the entry on your credit file? You need to check them out on FCA to see if they have full permissions to do that.
- - - Updated - - -



I'm not really concerned about claiming any PPI, I just want to get this CCJ off my credit record.

- - - Updated - - -

THE FCA
https://www.fca.org.uk/firms/authori...FQmeGwodzcgHBw[/QUOTE]

Lowell does not seem to have the correct permissions to put tan entry on your file, A report to the FCA anyone?

---

Firm name:		Lowell Solicitors Limited
Interim Permissions reference number:		663494

Consumer credit business	Entering into a regulated credit agreement as lender; and exercising, or having the right to exercise, the lender's rights and duties under a regulated credit agreement.	Inactive		31/03/2016
Debt administration	Debt administration	Inactive		31/03/2016
Debt collecting	Debt collecting	Inactive		31/03/2016

No right to canvass off trade premises

[charitynjw]

Re: Discovered I have a CCJ against me from Lowell Portfolio, can I get it set aside?

- - - Updated - - -

THE FCA
https://www.fca.org.uk/firms/authori...FQmeGwodzcgHBw

Lowell does not seem to have the correct permissions to put tan entry on your file, A report to the FCA anyone?

---

Firm name:		Lowell Solicitors Limited
Interim Permissions reference number:		663494

Consumer credit business	Entering into a regulated credit agreement as lender; and exercising, or having the right to exercise, the lender's rights and duties under a regulated credit agreement.	Inactive		31/03/2016
Debt administration	Debt administration	Inactive		31/03/2016
Debt collecting	Debt collecting	Inactive		31/03/2016

No right to canvass off trade premises

[/QUOTE]

Hi samuwell

That ^^ is Lowell Solicitors

Lowell Portfolio I Ltd

544015

IP issued

Ellington House 9 Savannah Way Leeds West Yorkshire LS10 1AB

Ellington House 9 Savannah Way Leeds West Yorkshire LS10 1AB

+441132856600

Sara de Tute sara.detute@lowellgroup.co.uk

[samuwell]

Re: Discovered I have a CCJ against me from Lowell Portfolio, can I get it set aside?

IP is only Interim Permission, a company must have Full Permission to place an entry on a Credit Reference File,
Best to be sure who placed the entry.

[charitynjw]

Re: Discovered I have a CCJ against me from Lowell Portfolio, can I get it set aside?

IP is only Interim Permission, a company must have Full Permission to place an entry on a Credit Reference File,
Best to be sure who placed the entry.

Hi samuwell

I contacted the FCA with a similar query back in April this year.
They replied (amongst other things)
"The decision for firms to chase their debt through the Court remains commercial decision. Although, we expect firms to operate in line with our rules and explore every reasonable avenues in order to resolve the matter before turning to court."
&, of course, they don't deal with individual complaints.