Lowell/Carter Claimform HSBC 'debt'

[sister George]

Thanks for your help sham - really appreciated! And actually feel like £1500 out of the 6k claim does feel like a result - as I have said the 6k would have been a massive impact on me and set me back at least 2 years where as the 1.5k is deal able with.

 

To be fair to the judge I felt she was very fair and basically gave the argument that it was small claims court for them on CPR 3.4 but then gave me the benefit of small claims court when it came to their ask for adjournment and also when disagreeing with the claimant that my skeleton argument was a new defence.

[shamrocker]

It works both ways SG. You didn't act unreasonably in the whole process yourself, so I'm sure that won't have gone unnoticed by the judge. Hopefully Andyorch will pop in later and give some feedback.

[sister George]

And I'm sorry to ask for some final advice but is the outcome basically that if I pay the amount that the judgement was for in full before the 21 days will I not incur A CCJ on my credit record? Anything I should look out for when paying or anything I should do to ensure I don't have this on my credit rating?

 

 

(also judging by the way their representation was desperately trying to include the loan or ask for an adjournement I don't think they were over the moon at the final judgement)

[dx100uk]

28 days I believe

[AndyOrch]

Thats a excellent result SG......nothing left in the pot for Lowells once they factor their legal costs for today...so they will be fuming I assure you.Sound like you had a decent District Judge...but wrong with regards to CPR 3.4......this applies to all tracks of the judicial system...High Court Lower Court /Magistrates Courts including Small claims ...hence the title Civil Procedure Rules.

 

Still you got a great result and you should be very proud of yourself..I assume first time in a County Court and you argued your corner...against their Legal Counsel...so a very well done.

 

With regards to settlement of the Judgment...depends on whether its a forthwith or 28 days...the Judgment Notice will confirm when payment is expected.

 

Regards and again a very well done.

 

Andy

[sister George]

Sorry to drag this thread up for one more query

but have been googling like mad and failed to find an exact answer.

 

I'm trying to pay the outstanding debt from the court judgement within the correct time limit so as to avoid having the CCJ being entered to the register and affecting future credit rating.

 

The judge said at the time it would be payable immediately and due within 21 days

- I spoke to Lowell's legal representative on the day after the case

and asked how I could pay to avoid this

 

he said I could pay as soon as they knew the details and that would be in the next 5 minutes as he was going to call them and let them know immediately of the details of the judgement and the amount.

 

I called Lowell's after a couple of days and they said the account had not been adjusted and would take up to 7 days.

 

I've been contacting them once the 7 days were up and nothing has been adjusted

- spoke to them today and they said they couldn't do anything until they have received the written judgement from the court (which I also haven't received yet)

 

- they know the amount it should be (obviously from the call from their legal representative) but they won't adjust the account without the official notification.

 

I was wondering what I can/should do

- should I wait for the court judgement and will that be dated from when it is sent or is it dated from the date that the judgement was made at the court case

 

- and if it's the latter is there anything I can do to with Lowell's to avoid not paying until after the 21 days are up/damaging my credit rating?

 

Once again any advise would be very gratefully received as all I want to do is pay it off and inform the courts I have paid it with in the correct time limits off to avoid anything that will damage my credit rating.

 

Thanks

[AndyOrch]

So 14 days already passed...ring your County Court and ask for a copy of the Judgment or request details of the amount and make payment to the payee details of the judgment (Lowells Solicitors).Dont be ringing Lowells again..they will drag it out passed the 21 days

[sister George]

Thanks again for reply, once again been working away but just got back

- spoke to court and they confirmed amount and after I spoke to them then that day the judgment arrived

- so paid Lowells online in full and then have just dropped off to court printed examples of my online payment acknowledgement from lowells and from my bank statement to show paid in full and final settlement and all done with in 21 days so hopefully that will be the end of that and it won't be recorded.

 

Did do another call to Lowell and they have the account on a 30 day hold and say that are still awaiting the court judgement and they said they are going to request it but frankly don't expect them to manage that level of competence...

[AndyOrch]

Excellent...thanks for the update SG