Found CCJ Lowell/Carter old provident loan

[G__M]

Evening Folks,

 

 

Apologies if this is in the wrong section, if it is could the mods kindly move it.

 

I have arrived home today with my wife to find that my wife has kindly received in the post a CCJ obtained by Lowell(Claimant)/Bryan Carter Solicitors on 16/09/2015.

 

Now this has come as a bit of a shock as we have received no prior correspondence from them regarding this debt or anything to state there would be any date to appear in court to deal with this.

 

The judgment has also been obtained in my wife's maiden name, despite us being married for 3 years.

 

I would greatly appreciate any help to urgently deal with this.

 

Many Thanks

G__M

[obiter dictum]

First question has to be how long you have been at your current address?

[G__M]

We have been at this address for 3 years in November and have been on the electoral roll since we moved in.

[citizenB]

I don't think there is much you can do until Monday, because you will need to telephone the Court - MCOL -

 

The process for the claim would/should have been...

 

A few letters from Lowell and Bryan Carter the solicitors.

 

A letter before Claim

The Claim itself, which would have been sent from the court

 

When you telephone the court on Monday, you need to know what address the claim was issued to and the date of the claim.

 

You also would like a copy of the claim, because it should advise you the name of the creditor was who assigned/sold the debt to Lowells.

 

You need to act swiftly on this, because if there has been a procedural or any other error then you will be able to have the claim set aside.

 

Does your wife have an idea at all what this might be in connection with ?

 

You might want to check her credit files to see if there is anything on there that would give her a clue.

 

You can use the free service offered by Noddle, although that one is not always up to date.

 

It would appear that you should be looking for a debt that your wife had prior to your marriage.

[G__M]

citizenB,

 

I have checked my wife's credit file and it is for a provident loan that she took out

 

 

I started experiencing major health issues around the time we got married and subsequently was diagnosed with Epilepsy

so my wife as well has working full time has had to also look after me(with occasional help from relatives)

so has put a big strain on her the last few years and she had totally forgot about it.

 

We definitely have not had any documentation from Lowell/BC since moving in with the in laws in November 2012

because of my health issues and I'm afraid they will try to send in High Court Sheriff/Bailiffs.

 

Many Thanks

G__M

[obiter dictum]

Did you inform provident of your change of address three years ago??

[G__M]

Obiter,

 

My wife can remember speaking to provident about it when she initially had issues in repaying and that we were moving due to my health issues however she cannot recall if she provided the new address.

 

I'm already stressing about this, its not that she does not agree that the monies are owed however the thing that is worrying is that we have never received any paperwork regarding the debt yet somehow Lowell/BC must have obtained this in order to get a CCJ.

 

Thanks

G__M

[renegadeimp]

Carter is the lowest of the low. He uses any trick he can to get a judgement. In your case, issuing on an old address, therefore knowing hell get the judgement.

[obiter dictum]

That is the problem, if your wife never informed provident on the change of address the court will almost certainly deny a set aside application

 

If i were you i would send a subject access request to provident to see if any notes have been made about the change of address.

 

Do not tell them what you are after, you are after everything.

 

Get that and you should be ok

[dx100uk]

was this a doorstep loan?

and was it the only one?

or was it a rolling account - borrowed more and more. over a time????

 

 

you might be able to set it aside

 

 

however you'll need a defence for the original debt mind

[G__M]

dx100uk,

 

I believe it was a doorstep loan as it was one that come to the door to collect payment.

[unclebulgaria67]

dx100uk,

 

I believe it was a doorstep loan as it was one that come to the door to collect payment.

 

Might be wrong, but did i read that Provident stopped collecting payment at the doorstep a few years back. Could it be that this happened around the time of moving and therefore a new arrangement to pay by a different method was not arranged.

 

What i find odd, is that Lowell must on many occasions look at the credit record and if the address has changed, why don't they make a note of it, to use for letters and pass on to Carters.

 

Perhaps see if you can get the credit record history of the address shown and also the history of any credit checks by companies. If you discover that Lowell and Carters have accessed the credit record many times so would have seen the address, i think i might be tempted to use this evidence in some way.

[obiter dictum]

I live in Northern Ireland and only yesterday did i receive a letter from provident offering this door step loan and collection

[dx100uk]

I'd get an sar running to provi ASAP

[sillygirl1]

Why not use CPR rules instead of SARing, would be faster.

[G__M]

Thanks for the advice so far folks,

 

I have checked her credit record and Lowell indeed carried out a search as late as December 2014.