Does having a County Court Judgement mean I can't fight a debt with Lowell Portfolio?

[Florian]

I have a specific query about County Court Judgements and whether that means I can't fight a Lowell Potfolio debt.

 

The background is - I'll try and keep it concise -

 

I received a letter from Lowell on 21st June this year.

This letter stated La Redoute sold a debt in my name of £137.29 to Lowell Portfolio.

 

I called Lowell as I knew nothing about this debt.

 

I realise now that wasn't the right move but I did not acknowledge any debt and requested details of what it was.

 

On 15th July I received their 'your account has been placed on hold whilst we search for copy statements' letter.

 

Nothing more until 26th November (over four months later)

when I received a letter along with La Redoute statements of the item that caused the debt.

 

The letter stated 'Please be advised that the outstanding balance shown on the enclosed documentation does not match that of the outstanding balance above.

However, we can confirm that we have contacted Redcats Finance Ltd who have confirmed that the difference in balance arises because charges were added due to County Court Judgment'.

 

The enclosed statements do match a purchase of mine from La Redoute in December 2006 totalling £25.85.

 

But I never signed up for credit with La Redoute - I had used them a number of times and paid by debit card previously.

 

Moving shortly after this and not thinking I had a debt with them I never updated my address on their files.

 

it appears after reading a lot of the really helpful threads here that my next step should be to send by recorded deliver a CCA including a £1 postal order to Lowell.

 

But I have also checked with Registry Trust Ltd and there is in fact a County Court Judgement against me dating back to September 2007.

 

Does this render requesting a CCA from Lowel pointless?

 

Must I now just pay this debt and all it's charges?

 

Any help would be greatly appreciated.

Edited December 4, 2010 by dx100uk
clarity and line spacing

[dx100uk]

Go to the HM courts website and get a form N244.

 

This is an application to get a judgement set aside. Moving house and not receiving the forms is one of the accepted grounds.

 

There are time limits and you have to start the process as soon as you become aware of the situation.

 

Do not EVER contact the other side and certainly not their solicitor.

 

dx

[Florian]

Thanks dx100uk, that's really helpful and it's very kind of you to reply so quickly. It says in the N244 form notes that 'Most applications will require a hearing and you will be expected to attend. The court will allocate a hearing date and time for the application.', the problem for me is that I don't live in the UK anymore. The debt letters have been going to my mother in laws house which is my last UK address. Do you know if the possibility of me being required to attend a hearing for this is high? Added to this I still have my concerns about the debt with Lowell, if I do get the judgement set aside will that render the debt no longer valid perhaps or will I have to continue dealing with them? Much appreciated.

[postggj]

If you are applying for a set aside then

 

turn up in court

 

judges take a dim view

[Florian]

Yes, postggj, I totally understand and of course I wouldn't not turn up. Judges take a dim view of people not turning up for very good reason.

[Bazooka Boo]

Going to sub to this as I want to see Lowlifes fail yet again in their chosen career...fools..

[dx100uk]

i'm wondering if its go fly a kite lowells time

 

im unsure on the le-gits of selling a debt at present regarding a ccj [brain is not firing yet]

 

but i dont think they 'inherit' the powers of the ccj, esp as its been sold on twice now.

 

even if there were powers, then why aren't lowfile using them?

 

something smells.

 

you could ofcourse get someone to attend on your behalf

but i'm wondering if it might just be 'cheaper' to either pay-up or totally ignore them.

 

your cra is crap for 6yrs from the ccj date, paid or otherwise!

 

and if you are not planning to return anytime soon it wont hurt you at all.

 

if you pay, it'll take 6yrs from that date

if you set it aside, it will be gone yes, but the debt wont

 

pers i'd ignore, the judge cant enforce it anyway as you are abroad.

 

interesting case

 

i wonder if the first letter was just a std phishing trip letter and you sadly fell for it

 

dx

[babybear39]

*BB sits in the front row with popcorn*

 

This is going to be very interesting

 

I'm 'avin a laff with idiots inc. at the moment

[Florian]

Thank very much for the extra advice dx100uk. My concern is really that I want to do this the right way - I'm annoyed that I never signed a credit agreement with La Redoute and also that the whole time they were contacting me at my old address - whereby I obviously didn't receive any of these letters - La Redoute continued to email me every week with their promotions - couldn't they have tried contacting me that way and I could have dealt with this years ago? Now that Lowells have my last UK address I'm worried my mother in law will get hassled by them, I could withstand it as it's my problem but she really shouldn't have to. Should I just pay the debt - in a bid to stop any future correspondance arriving at her address - and also to stop the cost of the debt increasing - and deal with the CCJ seperately? The latter of course being an issue as yes I'd have to fly back, incurring more cost to me. And if yes, is there anything I can do to fight the issue of my never having signed a credit agreement with La Redoute so therefore something very underhand went on there instigated by them?

 

Forgive my naivity Bazooka Boo, but what does it mean to sub?

[Florian]

Oh and another thing is, if I pay the dept the downside on me is that it's a starting post for my CRA to be in negative for the next six years - three years on from the CCJ itself. Ah (bad thoughts!). Damned if I do and . . .

[PGH7447]

subbing means the poster is interested and wants to be alerted when the thread is updated, Lowell Lowlife are popular on here

[babybear39]

I feel a lil' war with idiots inc...(I have one myself at the mo)...

[Bazooka Boo]

the whole time they were contacting me at my old address - whereby I obviously didn't receive any of these letters - La Redoute continued to email me every week with their promotions - couldn't they have tried contacting me that way and I could have dealt with this years ago?

This is exactly how these companies operate, deliberatley sending info and letters to an old address where they know full well you don't live and will not receive their letters. If they obtained a CCJ on the back of this, you CAN have it set aside, as you rightly say, surely they would have emailed you if you had failed to respond to their letters, well they would have done if you were dealing with a company that acted within the guidelines and law laid down.

 

If Lowlifes are that foolish to begin harasing your mother in law, then you should seriously consider claiming damages aswell as reporting them for the criminal offence of harassment.

The starting point for you CRA was when the default occurred, so by paying them this WILL NOT renew the date NOR will it remain on your CRF for another 6 years. Once 6 years has [assed from the date of default, it will be removed from your file.

 

You are thinking of doing what these parasites really want you to do, just pay up no questions asked. This most certainly should not be paid, not before you can confirm whether or not they obtained this CCJ by default? ie, were you aware that they were taking this to court and did you attend it to defend?

[Florian]

No, I was never aware this was to be taken to court Bazooka Boo. The debt occured in Dec 2006 and I moved house soon after with no idea I had a debt, the CCJ happened in July 2007, again without my knowledge. The first I heard of anything was in June this year when Lowell contacted me. But, not that I'm living outside of the UK, applying to have the CCJ set aside requires my having to return at short notice to the UK to attend a hearing. Even if I do get it set aside - at quite an extensive travel cost additional to the cost of the process - where does that leave me with the debt? I don't want to give in to Lowell - because this does all appear quite wrong and no doubt effects people who may be in a worse position than me - but I'm just trying to work out the best options.

[Florian]

That should say 'now that I'm living outside the UK', sorry. And just to be specific - no, I didn't attend the CCJ to defend myself because I recieved no notice that it was happening. Annoying (and typical I suppose) that Lowell could track down my most recent UK address but whoever was dealing with the debt at the time leading up to it going to CCJ (Redcats I think) didn't. Grrrr.

[Bazooka Boo]

I see your dilemma!

And to be truthfull I have no idea where having it set aside would leave you??

So are you saying that Lowlifes have sent you one of their threat letters to your current residence? Or has a friend, sorry , the Mother In Law sent it on?

Whilst you are out of the country there is pretty much nothing they can do, depending on where you are now residing and whether that country has recipricol rights or not.

 

The point of having this set aside is that they ahve been awarded this CCJ by default, in that they knew full well you couldn't defend because they sent the papers to an old address, however, if they have been unsucessful in enforcing the court Judgement (CCJ) and certainly after any lenght of tim, 6 years say, then they will have to go back to court AGAIN, to have a Judge enforce the first order, so unl;ess you plan on coming back to good ole blighty, let it slide, the fact that it is with Lowlifes suggests that the OC knows they have zero chance of ever recovering this money.

And on top of that, if the Judgement was awarded to the OC (original Creditor) or another DCA, and these idiots have just piped up demanding money, unless they have been back to court to transfer the rights of the Judgement and debt to them, then they are litterally p...ing in the wind!

[Florian]

Well, I'm in France and plan to be here for at least another year, but that still sort of the 6 year mark. And yep, mother in law did pass the letter on to me and she's a little afeared of impending threats if I don't pay. Although I must say none of the letters have been at all threathening yet, and no phonecalls so far either. Is there any point at all in my requesting a CCA from Lowell? They can't provide it because I never signed anything. Or is that just moot point at this stage? If the letters were coming directly to me it would be be easier for me to ignore I must say.

 

How does one go about finding out who the the Judgement was awarded to? What a big world of questions is opening up in front of me!

[dx100uk]

do you know which court did it?

 

prob northampton bulk i would think

 

a phone call to them will tell you all the details

 

or you can do it online.

 

dx

[Undercover-Elsa]

Hi,

It should be possible to apply for the set aside without attending the hearing on the grounds that you live abroad. You would need to provide proof of your residence in France, eg rent agreement, utility bill, employment contract etc.

 

Ask the court for advice.

 

kind regards,

 

Elsa x

[Florian]

Thanks Bazooka Boo and dx. The Registry Trust confirms I have a CCJ from 17/09/07, tis indeed with Northampton. Lowell didn't buy the debt until 1st June this year - so I guess I can presume the CCJ is with the OC La Redoute. I'll try calling Northampton bulk to fnd out who the current creditor is.

 

Thanks Elsa too, it's a relief to know I may not have to go back to attend a hearing if I put the wheels of the set aside in motion.

[dx100uk]

if lowlife brought the debt, the ccj now lies with them

 

i wounder if they know about it

 

i doubt it,

 

pers, i'd ignore the whole thing.

 

 

dx

whats the uk going to do about it, nowt probably

[Florian]

What does the CCJ 'now lies with' them mean dx? Am I being a doofus?

[dx100uk]

did you get an absolute assignment letter.

dx

[Florian]

Ooh, what's an absolute assignment letter dx? Intriguing. Nope, I've not received anything like that.

[dx100uk]

please try and help yourself by using our advanced search top right!

or even a search engine

 

CAG is as much about helping yourself as us giving help to you

 

thats what i do - so thats how i'm finding out for you where i don't know

 

dx