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

[samuwell]

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

Thanks Charity,Is it possible that as the IP has expired in April/May and Lowell don't appear to have had lawful permissions anyway, (as long as they are the ones who made the entry, important) an email to the Credit Reference Agency might help? They like you to contact the firm first, but if there has been no direct contact from them and the CCJ appeared from nowhere....? Is this worth a try?
Pot noodle is desperate to get rid of the credit mark, not easy without contacting Lowell.

[samuwell]

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

Another very important point. Companies are not to use your data without informing you, without your consent. This should bve mentioned in an email?

[charitynjw]

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

Thanks Charity,Is it possible that as the IP has expired in April/May and Lowell don't appear to have had lawful permissions anyway, (as long as they are the ones who made the entry, important) an email to the Credit Reference Agency might help? They like you to contact the firm first, but if there has been no direct contact from them and the CCJ appeared from nowhere....? Is this worth a try?
Pot noodle is desperate to get rid of the credit mark, not easy without contacting Lowell.

I doubt that the CRA would entertain removing the entry without express consent from Lowells.
It will also almost certainly be on Registry Trust anyway.
http://www.registry-trust.org.uk/
Which can be checked here
http://www.trustonline.org.uk/

[samuwell]

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

Difficult without knowing any details isn't it?
A recent CCJ was removed and CR cleared because the company (not Lowells) had done so many things wrong, they agreed to drop the claim as long as the formal complaints went no further. It took a lot of work and many letters though. £20.000, was worth it.

1. Before you receive any court paperwork the original creditor must have issued a default notice. This is a formal letter which tells you how much you need to pay to bring the account back up to date. You should be given at least 14 days to pay it before the account is defaulted (bringing the agreement to an end). If you pay the full amount within this time period, no further action will be taken.

1. After the default is issued the debt is usually passed on to a debt collection agency. This isn’t always the case and a creditor can apply for a CCJ as long as they have issued a default notice.

http://moneyaware.co.uk/2012/01/rece...judgement-ccj/

If you would like to contact us about a potential breach of our rules, you can write to us at: Investigations and Enquires Team, UKLA Department, Financial Conduct Authority, 25 The North Colonnade, London E14 5HS, or by email: IandEMailbox@fca.org.uk
Please be as explicit as possible about what rules may have been breached.

[Debt Camel]

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.

interesting - do you have a source for this?

[charitynjw]

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

Difficult without knowing any details isn't it?
A recent CCJ was removed and CR cleared because the company (not Lowells) had done so many things wrong, they agreed to drop the claim as long as the formal complaints went no further. It took a lot of work and many letters though. £20.000, was worth it.

1. Before you receive any court paperwork the original creditor must have issued a default notice. This is a formal letter which tells you how much you need to pay to bring the account back up to date. You should be given at least 14 days to pay it before the account is defaulted (bringing the agreement to an end). If you pay the full amount within this time period, no further action will be taken.

1. After the default is issued the debt is usually passed on to a debt collection agency. This isn’t always the case and a creditor can apply for a CCJ as long as they have issued a default notice.

http://moneyaware.co.uk/2012/01/rece...judgement-ccj/

If you would like to contact us about a potential breach of our rules, you can write to us at: Investigations and Enquires Team, UKLA Department, Financial Conduct Authority, 25 The North Colonnade, London E14 5HS, or by email: IandEMailbox@fca.org.uk
Please be as explicit as possible about what rules may have been breached.

& of course the problem with this is that many of the original creditors did not keep file copies of DNs.
Apparently (according to some signed statements of truth used in court cases), the original creditor recorded the fact that a DN was sent on dd/mm/yyyy date on their database.
The Claimant will show in court that the construction of the DN's used at that time was compliant, & the method of posting was da-de-da, so therefore, on the balance of probabilities, it was correctly served.
It is then up to the Defendant to rebut this evidence.

[samuwell]

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

It was deep in the FSA rules, will have to search it out again.

[samuwell]

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

http://www.specialistautomotivefinan...rmission.html/
They can get authorisation/approval for one person in the company, but only that person can then legally act with the authorisation.
Still looking for the original rules.

[Debt Camel]

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

That link refers to Full vs Limited.

I don't think it is of any relevance to Interim status.

[samuwell]

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

That link refers to Full vs Limited.

I don't think it is of any relevance to Interim status.

ok, sorry.