Lowell/Carter claimform - old Littlewoods cat Debt ..**Settled by Consent Order** missed payments - now AOE -

[dx100uk]

Threads merged

So what letter have you got today then?

 

[AndyOrch]

How much is the judgment for ?

[jboyd83]

Letter from Lowell.

"A ccj has been entered against you 21/08/2019 as you either failed to respond to cclaim, maintain agreed payments or contact us to resolve. The court has ordered you to repay the debt as follows 

Amount

Frequency 

First payment date 21/09/2019.

Its just been found under the mat. We've been papering/painting and loads of crap at front door so it mustve just been slid under.

 

Its just under 7k

The consent order had been agreed for about half that and i had previously been paying. Its not even a problem to pay the £20 pmth co... I just was all mixed up they kept changing names and the amount was wrong etc

[AndyOrch]

You will most probably have to make an application using the N244 to set a side the judgment with all the details and dispute re the Consent Order,..I dont have time today to run through your thread  today but I will advise on making the application and prepare a draft order if this option is something you wish to take ?

 

Andy

[jboyd83]

I just feel like I want to run away

 

, Ive come home from Australia because my husbands health was so bad and

 

our little lad was struggling he is autistic, was given an absolute hovel of a house to do out,

 

my mam was dx with stage 3 lung cancer 3 weeks after we came back,

 

we were declined any DLA for our little lad

, so now husband is working 3 jobs

 

, im working from home

trying to home educate our son,

 

my ex has stopped his child maintenance

im fighting for that...

 

and im 27 weeks pregnant. 

 

Im literally on the verge of cracking up..

 

. but I know this wont go away.

 

Im happy to do anything to deal with this properly. 

I dont know what a draft order is bit will look into it yes.

Thank you so much.

 

Was I supposed to have received a claim form, or can they just register it on the basis that I have missed consent order payments?

Ive recieved nothing, unless its been sent to a previous address. 

[AndyOrch]

Normally the Consent Order facilitates advancement straight to judgment should you default...the claim forms have previously been sent at the start of all this.

[AndyOrch]

We will need a copy of the Consent Order and Schedule...when making the application...if you could dig it out and upload here in prep.

[jboyd83]

Ok I dont have it, god knows where it is.... but I will contact the court and ask them for details.

The claimant obviously knows theres one in place then seeing as theyve gone straight to register ccj....

whereas on the phone they tried to say they had no record of it.

 

Then said they'd contacted court themselves and court couldnt find it.

So, I'll have to do a fishing expedition on phone to Northampton.

Good job I have this thread. 

 

I think at some point I uploaded details here for help with the CO,  but I presume they get wiped.

 

The letter is also dated 26/09

But first payment sats 21/09

How the heck would I manage to do that if they send letter after its due.

[AndyOrch]

Brought forward from Page 8 

 

Hiya..

..upon reading what they've sent with a covering letter.

.. I believe that it might be such an order that they've actually asked me to sign.

....it says CONSENT ORDER

 

 

"it is ordered that all further proceedings in this action be stayed upon the terms set out in the schedule below

save for the purpose of enforcing or carrying into effect the said terms with permission to apply for that purpose.

And it is further ordered that there be no order as to costs.

 

point 1. "the claimant agrees to accept the sum of xxxx in settlement of the total claim payable by monthly instalments

of xxxx providing the first payment reaches.....

 

 

point 2 says "... the claimant agrees not to enter judgement on the condition that the above arrangement is maintained.

 

Point 3 says "....the claimant is at liberty to enter judgement for the unpaid balance if the defendant defaults in payment arrangements ".

 

They told me to edit the amount and input the monthly payment and sign....is this the same thing?

[AndyOrch]

On 18/09/2017 at 12:13, jboyd83 said:

Hi sorry for ressurrecting this thread but ..

..ive just rang up bryan carters to pay an instalment over the phone.

..only to be told sorry its been passed to lowell solicitors..

 

 

.rang lowell solicitors to be told ah yes blah blah debt of £7000 odd whatever.

..I said err no try half that.

...to which they were a bit stumped.

 

 

off he goes to look for the details "oh we dont have the consent order...we tried to get a copy from the court but theyve lost it...can you email us a copy?"

I said err no....

 

Now im sat wondering what on earth i do..

..i said hold on im paying £20 a month to the same account since 2014..

.and now you're trying to say i owe £7000 odd when i have a consent order

 

 

so am I paying money to a debt i dont have as thats not the right amount.

.and how can you chase a debt with incorrect details??

 

Can anyone help me as i now dont want to make this payment if its going to mean im paying a debt that is not enforceable or if it means im technically agreeing i owe the larger amount by paying it?

 

 

Also of importance

[jboyd83]

Ok thats understandable that they've been able to enter judgement without notice, as payments stopped temporarily die to me being mixed up with them keep changing names and sayinv they had no record of a CO.

 

Im going to find out when last payment was, I also have an email from them and mine in response saying I need time to chade the CO, I dont know who or when the standing order/direct debit stopped so will find out - if that makes any difference. 

 

Also would 'unpaid balance" mean the amount left on the CO, or the original Shop Direct amount?

 

Can I do anything?

Thank you 

Edited October 7, 2019 by jboyd83

[AndyOrch]

I think we have discussed this earlier in the thread.....but we will need an accurate balance paid up to date and last payment date.

 

Unpaid balance would be the amount outstanding as agreed in the Consent Order up to the date of your last payment..the date you defaulted on the Consent Order.

Shooting in the dark here because without sight of the actual Consent Schedule..I'm hoping there wasn't a line included that stated should you default on the Consent Order the figure would revert back to the original amount as claimed on the claim form...I doubt it would...lets work to the F&FS agreed amount.

 

Get all the figures...try to find the consent order...then we can review and possibly make application to set a side or  the very least get the judgment amount amended.

 

Andy

[jboyd83]

Thank you so much. I'll do that, and ring the courts.

 

Spoke to northampton,

consent order definitely there,

gave me a ref number and have to ring a different dept to get details/possibly emailed a copy.

Last payment to BC was 18/04/2019

 

Standing order is still active for 18th every month I cant understand why its not going out, its never been amended bank says so still active?..

 

They sent me an email saying to this date Id paid 1040.00 which sounds right.

But... saying original was 8k...

 

When in fact CO was absolutely about half that, because I remember ringing them and getting it agreed. 

 

Just waiting to get exact CO figure from other court office, lines very busy at moment.

 

[AndyOrch]

Well done we are getting there.......the Consent Order will confirm the amount agreed...lets hope they have a copy of the schedule.

If you could also get a screen shot of the active Standing Order...that would also  help

[jboyd83]

Thats no problem, spoke to bank they said its been in place since nov 2014. I didnt think I wouldve cancelled it, and I used to write it down in my outgoings each month as it was an expected debit I needed to acct for, so mustnt have realised it hadnt went out.

[jboyd83]

We had an AOE adjourned for a CCJ previous mail order.

Just recieved a letter from Lowell saying theyve heard nothing and may reissue the AOE.

Any advice how best to proceed please?

Husband no longer unemployed.

Thank you.

Amount is approx £1800

[AndyOrch]

A previous Attachment of Earnings was suspended due to unemployment .....now hubbys in employment.

 

So wait and see if Lowell issue a fresh N55 

 

Andy

[jboyd83]

Ah, that simple? Ok thank you Andy

[AndyOrch]

If you wish to keep it away from Hubbys employer...submit an N245 and arrange a fixed monthly payment through the court...beat Lowells to it.

[jboyd83]

Oh god yes I dont wabt them involved. Right we'll do an N245.

[AndyOrch]

 

[jboyd83]

Ok spoke to court eventually, got to pay a small fee of £10 to get a copy of the C.O. I literally dont even have ten pounds spare so unfortunately it'll have to wait until next week.

Lowell requested a copy of the CO from court on 2nd August so they knew I had one in place.

Ive emailed requesting a copy from them to see if they will give it to me, not holding my breath.

Will update once I have the CO, sorry Im just in a real pickle this week so although £10 is nothing usually to find, this week its not gonna happen.

[AndyOrch]

Not to worry...when you can afford it and get a copy...then we will make application to set a side...you are aware that the fee to make an application is £255?

Might be worth calling  lowell's bluff and informing them that we know they requested a copy of the CO on 2nd Oct 2019 and they should set a side at their expense ?

 

What date was the judgment ?

[jboyd83]

Oh I emailed stating that 'as you requested a copy of the CO on 2nd August can i have a copy with the original amount on it'

I didnt call bluff asking to pay set aside though, as I didnt think if that, but also just incase the CO had a clause in regarding the very original amount.

Think hubby has shifted the letter, but said judgement 21/08 .

[jboyd83]

Ok paid my £10, to be told they probably dont have a copy as its older than 3 years! But, theyre going to look into it could take 5 days, seeing as theres a note on about Lowells requesting a copy of it in August.

 

 

Email from court dept.

 

Good afternoon,

 

We refer to your recent telephone call concerning the Consent Order filed on this case.

 

"We have checked our records and can confirm that we no longer hold a copy of the Consent Order that was signed by both parties. On the 2nd August 2019 we emailed a copy of the Order dated 1st October 2014 to the claimant that confirmed that a Consent Order had been granted. This Order did not include the Consent Order or the details of the Consent Order."

 

Is there anything at all that can be done now? 

Can I SAR them or the courts?...surely a record must be kept in order to enforce something like this?