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CCJHell

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  1. I honestly don't know. I contacted them in 2018 as they randomly registered a default on my file for Vodafone. They said they had information from Vodafone from the point of sale when they purchased the debt that I owed it. I disputed it and that is as far as it went. They were going to take me to court for the BT debt too in 2018, but I settled and paid it in 3 instalments. I don't know where they have pulled this new BT account from. When I query them about it they just said it is equipment charges that I verbally agreed to. I understand I should keep creditors up to date with my current address but unless I send prospective letters to every company who I ever had any kind of interaction with it just won't happen. I'm on the electoral roll at my current address and have been for previous addresses. My bank and other debts know where to send letters, as do Lowell in relation to another debt that I do not owe from British Gas for the same address in 2016. All these debts are coming up to being statute barred from a period of unemployment in 2016. I still don't know what the procedure for the defence is, whether the evidence is required at the set aside hearing or the hearing after the claim is re-brought. I also need to put to the court the fact that I work for a company that's regulated by the FCA and if a review were undertaken by my employer I would lose my job that I have had for the past 5 years. There is some guidance or precedent written somewhere in the annals of legal seagulls that if the judgement has an unintended disproportionate impact on the claimant then it can be removed on the credit file. I don't know how to prove this though short of asking my boss for a letter that says that I'm going to be sacked for informing them, or how to put it to the court. I'm not doing this to clean my credit file for a mortgage application, or for any other related reason on my credit file, just to keep my livelihood. I would happily pay the judgement and have it behind me, and would have if I had received the forms. Also it irks me that it is fine for companies to bundle up completely different issues into one claim. What is to stop them just bulk buying 50 debts for some poor bastard and serving them with a mammoth claim. Probably the character limit at Northern Bulk. I'm not feeling sorry for myself here, I've made poor decisions with my finances and owe some debt. This is a debt that I don't think I owe and is going to ruin my life if it is found by my employer. Hence why I am willing to pay the £255 even if the CAG'ers think its a shaky application. It has to be done seen as Lowell won't consent to it in return for a payment in full.
  2. Ah well. I'm going to go for it anyway I think. I don't owe them this debt and they have admitted they had the correct address on file for me at the time the judgement was issued. So there is that. I'm also not a clairvoyant, so I don't see how I could have come to the CAG earlier for a debt that I don't owe. They didn't serve the address at the address that the credit agreement was at. They traced me to my current address, then sent it to the one before. But thanks anyway I guess.
  3. I'd also appreciate a bit of advice on the process. Am I expected to provide the evidence for my draft defense at the set aside hearing? Or does that come afterwards? In order to collect the evidence that I need I will need time to gather the information that Lowell hold in relation to the debt. I have a lot of back and forth emails about a complaint with Lowell for the BT account, they allege that I took out a verbal contract with BT mid term through a previous agreement for "Broadband Equipment" and that I made payments to this account. This is false. I only had 1 account with BT, this was assigned to Lowell previously and I paid it in full.
  4. I am about to file an N244 and was looking for some advice. Lowell filed a back door CCJ on me at my previous address whilst chasing me at my correct address for a different debt. They are also claiming for two unrelated agreements with two separate companies on the same CCJ. They obtained a judgement by default in November 2020 which came to my attention on 26/07/21 when I checked my credit record. Particulars of claim: 1)THE CLAIM COMPRISES THE FOLLOWING AGREEMENTS THE DEFENDANT ENTERED INTO: A. BT PLC WITH REFERENCE ********* AND CURRENT BALANCE OF £299.51 B. VODAFONE FINANCE UK LIMITED WITH REFERENCE ******** AND CURRENT BALANCE OF £135.92 2.THE AGREEMENTS WERE TERMINATED AS PAYMENTS WERE NOT MAINTAINED AND SUBSEQUENTLY ASSIGNED TO THE CLAIMANT. 3.AND THE CLAIMANT CLAIMS: A) THE TOTAL OF THE SAID SUMS BEING £435.43 B) INTEREST PURSUANT TO S69 COUNTY COURTS ACT1984 AT THE RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT TO THE DATE OF ISSUE, BUT LIMITED TO ONE YEAR, BEING £34.83 C) COSTS So I need to break down this into a usable witness statement: I did have letters from Lowell at my current address prior to the CCJ but no longer have them. I have emails from January 2021 and subsequent emails in April 2021 and June 2021 where Lowell include my current and correct address. Realising that I no longer had the letters from pre the date of the judgement, but they had written to me, I called Lowell on a recorded line in relation to a 3rd debt not mentioned in the judgement: Lowell confirmed that they previously had my current address on file, but it had since reverted to my previous address as there was no contact at my current address. I pointed out that I had emails from as recent as June this year where they included my current and correct address. The agent confirmed that they had reverted to using my previous address as of 26/07/2021. The same day I found out about the judgement and spoke to their representatives Overdales. I believe this is grounds for a mandatory set aside as the claimant had my correct address and acted negligibly by sending it to my previous address. In any event, we had a long history of communicating about the disputed debts over email, I had specifically requested that they contact me regarding these debts only by email. I wrote to the claimant to request consent for the set aside on these grounds, they refused and declined to give any reason for their decisions when asked. In case the judge doesn't see the evidence the same way I do, I want to also submit a draft defence. If you could help me to word the below better I would be grateful: I admit that I have had an account with BT but do not recognise the account they are claiming for. I settled an account in full with Lowell for a debt with BT in 2018 and deny that I owe them any further money. I do not recognise any debt to Vodafone. The two agreements mentioned in the particulars of claim are from two unrelated agreements that relate to two separate companies for unrelated products or services. In order to defend each case on its own merits there should two separate claims issued by the claimant, each with their own supporting evidence. What do you think my chances of succeeding are?
  5. Thanks for the advice. I will write to them as suggested. Cheers
  6. No, I've had no correspondence from any of them for the last 2 years. I moved twice quite quickly though. Although its all recorded on credit file. I just don't want them realising its coming up to 6 years and firing a load of CCJ's off.
  7. Cheers Bazooka, I don't have any reference numbers or any of that lark, I am just going of my credit report to get the defaults. Maybe just list my previous addresses and DOB instead?
  8. I want to write to the 4 or 5 creditors that I defaulted with in early 2017 to update their records with my current address. I don't want to acknowledge the debt and reset the 6 year timer for them to become statute barred. I am and have been on the electoral role at my current address for the last 18 months and have had no letters from these companies. But I also don't want a slew of back door CCJ's in 2022 as they become statute barred between January and April 2023. The biggest one is for £3k with Nationwide. There are others all for between £300 and £1200. The alternative is offering a reduced full and final settlement, I had read some people have had some success with Nationwide with one. But again I don't want to acknowledge the debt unless they refuse. Would be grateful for your advice.
  9. Yeah £10K minus what I paid. If they agreed to let me sell the car to action the settlement offer I would have owed £600. They refused so now I owe £7k.
  10. I checked and it is still Moneybarn. It was definitely a Voluntary Termination too. The total payable under the agreement over 4 years was £19906. Whats making me angry is that if they would have let me sell the car than the total amount outstanding from their early settlement figure would be about £600 after what I offered to pay on top. But now they get to keep the car and still chase me for the £7k. So they are getting the whole agreements worth of money anyway. This is what I mean, I've been an idiot. I've basically given them £7k and still owe half the agreement.
  11. My husband was self employed and lost all the work at the start of the covid lockdowns so I could no longer afford repayments on my car. I was 1 year into a 4 year agreement with Moneybarn. I purchased the car for £7800 and put hardly any miles on it in the year that I owned it. I made all the payments for the correct amount and got a valuation of the vehicle to see if I could sell the car to pay off the finance. The car was worth £6900 from we buy any car. I asked Moneybarn for an early settlement figure got a settlement figure of £9307 after a year of payments. I queried this as the payments were broken down as interest + principle each month so I didnt understand how I could owe more than I paid for the car since I had already paid around £4k over the year that I owned the car. They just said thats the figure and wouldn't get into it. I asked them for permission to sell the car and use it towards the balance for half the agreement and come to a payment arrangement for the rest. They refused. I voluntary terminated the vehicle even though I wasnt half way through the agreement. I didn't want the hassle of debt collectors turning up and going to court etc (which I am now dealing with anyway) and it was announced a couple of weeks after I handed my car back that no action could be taken during the pandemic. Now I have letters from Moorcroft demanding that I pay £7500 for this car. How is this legal? I paid £4K off a car that cost £8k. They have the car, now worth £7k now they want another £7k off me. I honestly thought that I was going to be able to pay off the car in year one. If my husband hadn't have lost his job I would have been able to. I hate that I have been so stupid. If I get a CCJ it will cost me my job. There is no way I can pay another £7k. Have I any right to any sort of recourse here? Could I fight it in court or would the judge just side with them as I signed the agreement.
  12. They were stalling. They wouldn't respond to the complaint and said it would take 8 weeks. But I was very uncomfortable leaving it past the 6th without an agreement in place. I was afraid that I wouldn't be able to get it set aside due to my only defence being that it was part of an ongoing complaint. I wish there was other action I could take now it isn't on my record there is no rush. They have basically extorted the money out of me
  13. OK so the complaint to TM Legal was going to take 8 weeks to resolve. Chased them for updates but they just kept delaying. If it went past the 06/12 I would have had to try and get it removed from my credit file and I couldn't take that risk. I have begged and borrowed the amount and paid it in full today. Needless to say I am absolutely skint! They said they would still continue the complaint process. What now though? Can a consent order be granted even if the debt has been paid? Does this mean that I cant defend the CCJ and apply for it to be set aside because it has been paid? And slightly off topic but will this affect my affordability complaint with the original lender? The original loan amount was around £800 so my payment today is well over the 200% mark that the Ombudsman takes into consideration at £1780. They also tried to say that there was a further court fee of £40 above and beyond what was on the claim form. Wanted £1820 but said they would write it off after I told them the amount on the claim form.
  14. I still intend to continue with my irresponsible lending complaint though. I don't know how much the final debt will end up being.
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