CCJ from lowell that was sent to an old address and now late

[kc1983]

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

[BankFodder]

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

[kc1983]

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.

[cjcregg]

Set-aside apps are £255 now.

[BankFodder]

£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

[BazzaS]

£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.

[citizenB]

 

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.

[Old Cogger]

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

 

 

new fees now £255

[kc1983]

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.

[Sidewinder]

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

[AndyOrch]

" 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

 

Thread moved to Financial Legal Issues