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    • OK thanks again Andy.   And understood 👍😉
    • Thank you for this. The first thing to be say is that this means that you are winning. It is pretty well unheard of in my experience for the bank to give way and finally return the money. The fact that they have done this under the threat of a judgement for breach of statutory duty indicates even more that they are worried about their position. Nowhere have they indicated that they have complied with the requirements of the Proceeds of Crime Act and informed the National crime agency. I don't believe they have and this is a very serious breach of statutory duty. Not only that it is a very serious breach of the FCA BCOBS regulations in that they are required to treat you fairly. Treating you fairly in this case means that they must comply with the rest of their statutory duties. It appears that they really haven't done this at all and that they have acted in an arbitrary way in disregard of the law and that they are hoping to get away with it. I find myself wondering how many other hundreds of people have been treated in exactly the same way – and you are probably the first ever to have stood up to them and to get them worried. I think I've already indicated that a press contact of mine in the Sunday Times would be very interested in this story. He has already run stories about the very poor standards applied by banks when deciding that their customers are involved in some fraudulent behaviour. The first thing to say about the letter which you have received is that they are trying to apply conditions to releasing your own money. It's your money and there should be no conditions and my suggestion is that you object to this. Secondly, not only are they threatening to continue to withhold your own money – but also they are saying that if they release it to you you will simply have the net figure without any kind of interest or compensation. It's clear that while they have had your money, they have invested it and earn money on it. They have probably been lending it out at between 16% and 20% and although the usual rate of interest is 8%, it seems to me that justice can only be served by repaying you your money plus the commercial rate of interest – at a compound rate. Normally the 8% is calculated at simple. Thirdly, they are not offering to pay you any compensation and clearly they are hoping to get away with it without any kind of sanction or not even a slap on the wrist.   Fourthly, they had the nerve to impose a seven day deadline. Don't worry about their deadline. It's a load of huff and puff. This is all part of their bluff game designed to intimidate you. At the end of seven days – what? Are they then going to insist on going to court?   If they really believe that they had done everything correctly and that the money was fraudulent, then they would not offer it to you back under any circumstances. It would be illegal for them to do so. You can be certain that these people do not want to go to court. In fact they probably wish they had never started.   Finally, they want the matter to be kept confidential – and I can't say I blame them. I would be ashamed if people knew that I had treated somebody else in this way and I'm sure they are worried about reputational damage. I'm also sure that there are extremely worried about what will happen if you get a judgement against them for breach of statutory duty. It will have to be reported to the FCA. It will have to be reported to the NCA. And of course it should be reported to the newspapers because people need to know what is going on. If you want, you can simply accept their proposal – get your money back, given confidentiality – and that's the end of the matter. However, you have no idea how this will impact on your record in the future. I imagine that they will bar you from ever opening an account with them again. – But at least you will have your money and you can get on with your life. However, if you want you can stand your ground and make it clear to them that you are going to be mucked around and treated like this and that you are prepared to go to court if they won't make a proper offer. I understand that you need to pay a court fee of about £350 in the next seven days. I expect that the bank is making this offer now hoping to dissuade you from spending any more money and hoping that you will back down. If you have the money to proceed then I would suggest very strongly that it will be a very serious sign of strength that you tell the bank that you're not interested in that you are paying the fee for the next stage of the court process. If the bank knows that you've called their bluff on this and that you have been prepared to invest further money in moving this legal action forward, then they will start to reflect and I can perfectly well imagine that they will make you another more interesting offer – once again on conditions of confidentiality. Without seeing any further offer, I'm already suggesting that you will probably be best off turning it down. In any event, I would remind you going back several months that I already predicted that the bank would make you confidential offer – and that has happened. I'm not saying that I'm always going to be right here – but I think that now basically the bank have pretty well admitted that they need to pay you your money, there is no chance of you losing it. You will get your money and it really is just a question of how much else you will get in addition. If you'd like to continue then let me know and I will suggest a draft response to them.
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CCJ from lowell that was sent to an old address and now late


kc1983
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hi, I was given a bulk load of mail from a previous address at the weekend (moved September 2015)

 

After going thru the letters, I found letter after letter from Lowell portfolio debt company saying about putting a CCJ against me for £300 (now £407 with court costs) and then I found a letter from Northampton county court issuing a CCJ for £50 per month and the first payment was for the 19th of this month (I opened the letter on 20th).

 

I am not sure what to do as this is the first time i've had a CCJ. I have proof of when I moved last year but shouldn't they be able to find my correct address instead of just sending important letters to an old address? either way I am unsure what to do.

 

 

thanks

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You could apply for a setaside and then pay the alleged debt in order to avoid a CCJ. The setaside application will cost about £155

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You could apply for a setaside and then pay the alleged debt in order to avoid a CCJ. The setaside application will cost about £155

 

Thanks for the reply, unfortunately I don't have access to £155. I do work full time but I live each week with about £25 spare once everything is paid for.

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£255! Wow.

 

Also, I forgot a very important piece of information and that is that in addition to saying that you haven't received the papers, you have also to show that you've got an arguable case if you are permitted to file a defence and go to trial

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£255! Wow.

 

Also, I forgot a very important piece of information and that is that in addition to saying that you haven't received the papers, you have also to show that you've got an arguable case if you are permitted to file a defence and go to trial

 

It seems likely that the claimant sought default judgment if no AoS was made / defence filed. They would have done so under CPR Part 12.

 

Part 13 states

"13.3

(1) In any other case, the court may set asideor vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim."

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

 

So, technically speaking the OP doesn't HAVE to show they have an arguable case (a), as (b)(i) "some other good reason why it should be set aside" OR (b)(ii) "some other good reason why the defendant should be allowed to defend the claim" will suffice,

 

However, unless a set aside is for tactical reasons alone, there seems little point in seeking a set aside if you don't have a realistic defence : else you are just "delaying the inevitable".

 

I have proof of when I moved last year but shouldnt they be able to find my correct address instead of just sending important letters to an old address?

 

It depends. Do you have any idea who the original alleged creditor was?

Lowell should have sent a letter before claim stating who they believe was owed what.

Had you told the original alleged creditor you had moved : if not then they can use your last known address.

 

All is not lost as Lowell often buy up debts that include "lemons", but you'll need to find the best grounds on which to seek a set aside, and start to lay out a plan of attack (although, strictly speaking it is a plan of defence!). I've seen cases on CAG where Lowell start cases without the correct paperwork, and back down when asked to produce it ....

 

If you feel that you wouldn't be able to defend the claim at all, you can still apply to have the amount payable changed if the £50/month is unaffordable.

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I have proof of when I moved last year but shouldn't they be able to find my correct address instead of just sending important letters to an old address? .

 

Were they aware of your new address ? They will send to the last known address.

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Thanks for the replies. I have sorted this fairly easily by contacting Lowell solicitors and agreed to pay £5 per week from April till August 2017. They said as long as I miss no payments the CCJ and further court costs won't happen which is fine by me. Have these companies changed their ways? as last time I dealt with a debt company they were impossible and so argumentative and unrealistic.

 

Thanks again.

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Probably just feeling very lucky that they managed to get a default judgment and that they will be getting something towards their bonus fund!

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" They said as long as I miss no payments the CCJ and further court costs won't happen which is fine by me. "

 

If the court has issued judgment they cant stop it now...you have a CCJ with costs....check the following link..

 

http://www.trustonline.org.uk/understand-judgments-fines/entries-on-the-england-and-wales-register/ccjs-and-the-register

 

Andy

 

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