BCT got 2008 CCJ, now sold on - lowells want additional charges now!

[sinkinghelp]

In April 2008 my partner was dealt with by way of a County Court debt brought about by British Credit Trust.

 

Since 2008 until December 2013 she never missed a payment.

 

In December 2014 British Credit Trust sold the debt on to Lowell Financial for a sum of the original county court summons plus their charges.

 

She argued that this was not correct and this has ended up with an adjudicator at the Financial Ombudsman

who says that this is correct and my partner needs to discuss with Lowell a monthly repayment.

 

Lowell also wrote for some time through their own admitted error to a previous address despite knowing my partners new address.

 

There is only just over £1,500 left ( dont have specific figures to hand )

 

 

my question is is

 

 

it lawfull for Lowell to demand repayment of the full county court amount plus charges

 

 

and why is the adjudicator for the ombudsman dismissing these facts as irrelevant

 

sinkinghelp

[dx100uk]

whatever is on the judgement is what you pay - simple.

 

 

doesn't matter if they add anything

 

 

they cannot use the judgement to enforce you to pay anything more than that.

 

 

if this was british credit trust

[thames credit] that took you to court in the first place

 

 

odds on there is something wrong with what they did.

 

 

have you the original agreement please

 

 

have you all the statements

 

 

what actually happened did they repo the car?

 

 

you prob have lots of unnecessary insurances and PENALTY charges to rclaim

 

 

that will wipe the balance out.

 

 

dx

[dx100uk]

whats this about an old address to ?

your post is rather garbled

 

 

dx

[fkofilee]

You only have to pay whats left on the judgement, if youve paid £3000 of £5000 the you only have £2000 to pay.

If Lowell see this otherwise then pay them but only whats left. As the judgement will have been issued to BCT or their solicitors, then Lowell will need to apply to the court to have this amended.

 

As long as you have proof that you have paid the Judgement through statements etc, then there isnt much Lowell can do. You cant have 2 x CCJ for a debt

[sinkinghelp]

Thank you for the replies...................

 

The debt relates to the purchase of windows were we used to live.

 

 

The debt was unable to be paid after a time and the result was the county court judgement.

The court ordered that £10.00 per month was to be paid.

This happened every month by direct debit with no payments missed.

 

In 2011 we moved to a new property and the debt was still being paid each month

 

In December 2011 we had a letter from Lowell Financial stating that the direct debit was to be stopped in favour of British Credit Trust

and new details would be received from Lowell.

 

The amount of the debt Lowell was demanding was in excess of £4,000 plus.

 

Letters were then exchanged and for some reason Lowell kept sending letters to our previous address

and Lowell have now admitted they got it wrong and want us to accept £200.00 compensation

 

The financial ombudsman is involved via one of their adjudicators and

its taken them 12 months to come to any result which is we need to pay the full amount demanded by Lowell by mutal agreed instalments

 

My point is

how can the Ombudsman ignore the county court and the high amount repaid

 

My other point is how can Lowell ignore the county court and demand the full amount plus their admin charges

 

Hope that is a little clearer

 

regards

 

sinkinghelp

[dx100uk]

doesn't matter wha the FOS say

 

 

you are ONLY required to pay what is on the CCJ in the manner

the judge ordered

 

 

have you a copy of the original agreement

and have you all the statements.

 

 

dx

[havinastella]

What exactly does the court order state?

[sinkinghelp]

thanks for the reply...............................

 

£3,63.12 to be paid by £10.00 per month from April 2008

 

£2,600 repaid by December 2013

 

Lowell financial demand £3,853.50 at minimum of £30.00 it seems they have no knowledge of payments made or its a county court. Well none they admit too

 

regards

 

sinking help

[theoldrouge]

in this case I would sar BCT and llowells

 

seen one of these "windows" agreements before, agreement cr*p, and loaded with ppi

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?414051-Cabot-hassling-from-a-British-Credit-Trust-loan-they-bought

[dx100uk]

were the FOS aware this was subject to a court judgement

sounds weird to me.

 

 

have you a copy of the judgement

copy that and send it to lowlife.

in a covering letter simply state that the debt is subject a CCJ judgement [enc]

 

 

should you wish to vary the payment schedule

then I politely suggest you go ask the judge's permission.

 

 

dx

[Stigman]

Unless Lowell's, BCT or the Solicitor who dealt with the CCJ has gone back to Court and requested a variation in both the payment amount & the Payee then continue to pay as before.

 

Without the variation in place your Partner is breaking the terms & conditions of the CCJ Judgement that they agreed to.

 

Stigman

[dx100uk]

Unless Lowell's, BCT or the Solicitor who dealt with the CCJ has gone back to Court and requested a variation in both the payment amount & the Payee then continue to pay as before.

 

Without the variation in place your Partner is breaking the terms & conditions of the CCJ Judgement that they agreed to.

 

Stigman

 

 

and so are lowells by demanding anything the same

 

 

contempt of court

 

 

dx

[theoldrouge]

"Lowell financial demand £3,853.50 at minimum of £30.00 it seems they have no knowledge of payments made or its a county court. Well none they admit too"

 

well if they have no knowledge they admit to of a ccj send them a cca request under s77

 

and see what they reply with, well worth the pound imo

[havinastella]

"Lowell financial demand £3,853.50 at minimum of £30.00 it seems they have no knowledge of payments made or its a county court. Well none they admit too"

 

well if they have no knowledge they admit to of a ccj send them a cca request under s77

 

and see what they reply with, well worth the pound imo

 

I slightly disagree here.

 

No point in wasting £1 IMO.

 

The CCA is superseded by the CCJ. Carry on paying whoever the CCJ tells you to pay and completely ignore anything from anyone else.

 

Should Lowlifes give you any trouble, then bring it to the attention of the courts.

 

In the meantime I would SAR whover the original agreement was with to see if there are any charges/ppi to recover.

[theoldrouge]

given the ac history, including involvment of the fos

 

I would get the full facts, sar to BCT and Lowells, and the cca although of course superseeded by the ccj

 

depending on what they replied with for the sake of £1

 

could give a very full picture of what has gone on

 

shades of feelinglows BCT thread imo

[citizenB]

Is the decision you have been given from the FOS, one made by a first tier adjudicator or an Ombudsman proper ?

 

If the former, then you should reject the decision and ask for it to be escalated to an Ombudsman.

 

You might want to consider how you have presented your case to the FOS.

 

1 - Original creditor took court action and was awarded Judgment.

2: Court order was that you pay £10.00 per month as per the judgment.

3: You have been making payments in accordance with that order and can prove this by way of statements etc.

4: Account has been sold to 3rd party who is now suggesting that the balance is higher than it should be and also that you make higher payments.

 

Unless and until Lowell return to court to ask for a variation on the payments then they cannot demand more and unless the Judgment order states, they cannot add any more to the judgment debt.

[thunderballs]

"Lowell financial demand £3,853.50 at minimum of £30.00 it seems they have no knowledge of payments made or its a county court. Well none they admit too"

 

well if they have no knowledge they admit to of a ccj send them a cca request under s77

 

and see what they reply with, well worth the pound imo

 

Lowell know very well of a CCJ existing on an account they've been passed - if there's any record of a CCJ on credit reports, they know.

 

On that basis alone, I'd be filing a complaint to the relevant court.

[renegadeimp]

Actually thunderballs, often they dont know.

 

 

All they have is a spreadsheet and a name and amount.

 

 

A lot of the time, the status of the debt is not available, as some creditors dont keep accurate records.

 

 

IF a CCJ was shown for a large amount, then the DCA would go straight for the variation order.

 

 

Not send harassment letters seperately to try and get you to breach the terms of the CCJ.

 

 

Youd be in trouble then, but so would lowells if you chose to report them.

[thunderballs]

Actually thunderballs, often they dont know. All they have is a spreadsheet and a name and amount. A lot of the time, the status of the debt is not available, as some creditors dont keep accurate records. IF a CCJ was shown for a large amount, then the DCA would go straight for the variation order. Not send harassment letters seperately to try and get you to breach the terms of the CCJ. Youd be in trouble then, but so would lowells if you chose to report them.

 

So long as the conditions/repayment schedule as set by the court's been adhered to, then I couldn't see how the OP could be in trouble.

[renegadeimp]

I was talking about if they followed lowells demands. As long as the OP sticks to the court order, pays the correct amount and to the NAMED claimant, then its all done. If lowell want ANYTHING, they need to get themselves named on the CCJ.

[ScarletPimpernel]

I was talking about if they followed lowells demands. As long as the OP sticks to the court order, pays the correct amount and to the NAMED claimant, then its all done. If lowell want ANYTHING, they need to get themselves named on the CCJ.

 

I agree.

 

You should make clear to FOS that the matter is subject to a CCJ. I'd also write a very short letter to Lowell telling them that you will continue to make payments in accordance with the court's order, and they should take the matter up with whomever they bought this lemon off if they have a problem with it.

[dx100uk]

sar time

 

 

get reclaiming too

 

 

dx