Backdoor CCJ - Lowell/Carter re:Shop Direct CAT debt - now +5yrs old - should i be worried?

[martin2006]

Just my thought here, im not disagreeing with anything posted.

 

As we are seeing so many DCA's getting back door ccj's through old addresses, would it not be prudent to notify a change of address to them?

 

It may well help in not having to set aside many ccj's only to have to defend the claim anyway.

 

It would not mean anyone had to acknowledge any alleged debt but if its in writing that the dca has been informed and he then tried to obtain a ccj at an old address, surely thats only to your advantage.

[AndyOrch]

Forget electoral registers...you have to have proof that the claimant knew your new address....yes previous address is accepted as good service.....but only if they dont know your new address.If you can prove otherwise......

 

Martin in most cases you wouldn't get chance to notify the DCA as they never follow Pre Action Protocol or even let the defendant know they are issuing...nor the defendant knows its been assigned from the OC

 

Andy

[Anonuser]

Thank you guys.

 

I two minds now. The only 'proof' I'd have that they knew the new address is that I'd have letters from them before, during and after they placed the CCJ.

 

I never notified the DCA's of address changes.

 

Is there a limit to when I can challenge the CCJ as I would like to ask the courts for a copy.

I've obtained information about the debt from the courts but would a copy contain in-depth information/times/dates/original debts etc. I got the basics.

[martin2006]

Basing your defence entirely around the address will unlikely get it set aside, showing that the claimant had no right to claim for whatever reason, no paperwork, disputed account balance due to charges etc

 

Mr C doesnt like paperwork, so chances are he never had it

[Anonuser]

Thank you.

My account did incur charges (page 2) but I believe this was from the original account before sold to Lowell's.

What could be my next step?

Contacting Lowell's and asking for paperwork/charges?

[martin2006]

Firstly you need to set aside the ccj with the n244.

 

The amount claimed is disputed due to charges etc

 

Wrong address despite having current address

 

Claimants right to bring claim without paperwork

 

These are all good reasons for the set aside.

 

Once set aside, if granted, you can then work on reclaiming them back from shop direct, the original creditor whilst holding off lowells with CCA request.

 

You already have the SAR and statements so prepare the CISheet if you havent done so already.

 

I'm not 100% sure if you can begin the reclaiming while you are having the ccj set aside but im sure one of the team will advise

[Anonuser]

Martin, fantastic. I have a day of Tuesday so will spend all day on this.

 

One thing I need to clarify is "Claimants right to bring claim without paperwork"

I know you said they're useless with the paperwork but what exactly would I be targeting?

 

Would this be filing for a CCJ without original docs?

 

I remember earlier in the thread someone mentioned that they're notorious for loop holes.

If so, I'll find it on the forum somewhere.

 

Chris.

[martin2006]

Look at it like this, if you owed me money but i didnt have it in black and white, in written form with your signature agreeing you owed me and i went to court empty handed with no proof that you owed me anything, how raucous would the judges laughing be?

 

If they are claiming through court, they have to prove you owe them the money, thats why lowells/carter use old addresses so you never receive the claimform and cant defend so judgement is entered in your abscence. They also do this "old address" trick if they havent got a prayer of proving you owe them anything, ie no CCA,Then you are in the position you are in now.

 

Hope thats clear for you

[Anonuser]

Thank you Martin, I will draft up something, hopefully hitting all points and then I'll report back.

 

Chris

[Anonuser]

Ok, a small update, unsure of the relevance but I just spoke with the courts in preparation of my set aside. "PURSUANT TO THE LAW OF PROPERTY ACT 1925"

 

They gave a little more information than last time. The address on my SAR notes from Shopdirect which states the acc number, dates and dates debt was sold to Lowell's is an different/older address to the one Lowell's issued the CCJ to. I would not have updated them on this, they would have found out due to the electoral register, and for some reason, only just filed the CCJ in 2015.

 

The debt was sold to lowell's 12/2010.

 

Any use? If not, ignore and I'll continuing building the case as above.

 

Cheers.

[martin2006]

Its more about the right to bring a claim, charges etc than the address, thats secondary and adds to the main defence

[Anonuser]

Ok thank you.

[Anonuser]

Hi CAG

 

I've a 5.5 year old CCJ which I only found out checking my report as it was sent to an old address. It was sent a month after I moved (2015).

Lowell have recently written to me reminding me of the CCJ to my new address.

 

My question is: If it was to go past 6 years and Lowell tried to re-apply,

1. Would I be notified by the courts at my new address or

2. Is it simple a extension of the old CCJ with no chance to defend

3. They send the CCJ to the old address again?

 

After so many years the last thing I want to do is be in contact with a DCA.

I know I don't get to choose but had this been the bank, I'd feel much better contact/setting up a repayment (which ironically is what I should have done before all of this!)

 

Thank you.

 

 

[London1971]

 How much is the CCJ for? Do you own your home?

[dx100uk]

Threads merged for full history

 

Dx

[London1971]

Ahh £756? , 5,5 years old. Run the clock out.. ignore !  No one will be reapplying to court for that amount 

[dx100uk]

can you scan up this recent letter to PDF please

read upload carefully.

 

[Anonuser]

19 hours ago, London1971 said:

 How much is the CCJ for? Do you own your home?

 

19 hours ago, London1971 said:

Ahh £756? , 5,5 years old. Run the clock out.. ignore !  No one will be reapplying to court for that amount 

 

Indeed.

My thinking was maybe offer them a lower price just to get them out of my hair.

I made a thread last year about the same CCJ for another reason but as it gets closer to 6 years I've been thinking about the 'what if'.

 

I've been trying to find people who've had a CCJ reapplied, not many I must say and I don't know the reason behind it (I hear the courts can favour claimants if the debtor was out of the country etc.

 

How much does it cost them?

[dx100uk]

no such thing as a CCJ reapplied....

 

can we see this letter please in PDF 

 

 

[Anonuser]

I'm reading that a claimant can apply for a CCJ renewal after 6 years by reapply to the courts (with good reason as to why it wasn't resolved within the 6 years). Quick google search, this wasn't the link where I read it from but pretty much said the same thing.

 

Image below,

 

Thanks.

Chocolaterecipes-.pdf

[dx100uk]

the CCJ is coming up to 6yrs without enforcement.

should they let it run past 6yrs...

they will have a very hard time asking the court to enforce it outside of 6yrs from when carter gained the default backdoor judgement

the very fact it was attained by carter by the backdoor is probably why they have never tried, they know should they ever try to enforce it and you push things back to court, the whole sorry story will come out.

carter got 10'000 of backdoor CCJ against people that were 99% faulty.

 

they cannot 'renew' 'reapply' or reset anything.

once the CCJ reaches it's 6th birthday it is removed from your credit file never to return.

 

[Anonuser]

Thanks for clearing that up dx.

 

Is it also true that Lowell's are the 'good guys' out of a bad bunch of DCA's? 

[dx100uk]

no dca are in it for anything bar free money from mugs to their own pockets to go down the pub that night, pay for staff holidays en masse or their xmas parties...

 

read below in red

 

dx

 

[Old Cogger]

Lowells good guys???  your new to this are you not ,their record deems to be near fraud.

[Anonuser]

That's cleared that up then!

Is there a thread/article you know of where it goes into the type of people who actually work for these agencies or maybe someone's friend etc.