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Hello,

i discovered I have a CCJ, i was not aware of this, as I no longer live at the address, and only get my mail periodically.

My question is this:-

The CCJ was applied for by Bryan Carter Solicitors, it has now been transferred to Lowell Solicitors. Is that allowable?

Secondly, I notice that a large part of the CCJ was made up in charges and interest which would have wiped the total amount of the CCJ. Can these be reclaimed back?

 

Thanks.

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"Secondly, I notice that a large part of the CCJ was made up in charges and interest which would have wiped the total amount of the CCJ. Can these be reclaimed back?"

 

Possibly - by issuing a claim against the creditor who applied the charges, and then interest on the charges.

 

Or, you could apply for a set aside of the original CCJ and then challenge it.

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The Judgment would have been obtained by Bryan Carter on behalf of Lowells - so no transfer has taken place.

 

 

If you hadn't been aware of the claim in the first place and it isn't too old and you have a credible defence which you could put forward - then apply to have it set aside.

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Were either the original creditor or Lowells aware that you had moved ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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No, to be honest, they weren't aware of the move. I still get my mail to that address. I wasn't aware of the CCJ though as i never got the papers until it was all done.

With Bryan Carter, i now believe it's because they have gone bust, it's been transferred to Lowells.

Do you know if Lowells would put the CCJ on hold because i'm disputing the charges and stuff?

Thanks for your help.

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Brian Carter & Co Solicitors  

Lawyer

Address: De Havilland Drive, Weybridge KT13 0NT

Phone: 0845 313 3123

Hours: Open today · 8am–7pm

Suggest an edit · Own this business?

 

Not gone bust!

:mad2::-x:jaw::sad:
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No, to be honest, they weren't aware of the move. I still get my mail to that address. I wasn't aware of the CCJ though as i never got the papers until it was all done.

With Bryan Carter, i now believe it's because they have gone bust, it's been transferred to Lowells.

Do you know if Lowells would put the CCJ on hold because i'm disputing the charges and stuff?

Thanks for your help.

 

 

What is the date of the Judgment ? Bryan carter are solicitors - they act on behalf of Lowells. It was Lowells who instructed Carter to proceed. There has been NO transfer. The claim would have been brought in Lowells name.

 

 

You will need to apply for a set aside if you are now going to dispute the debt and you didn't receive the paperwork in order to do this.

 

 

Even if you had a redirect for your Mail, I believe that Government paperwork tends to be returned - so IMHO, if the claim was returned to either the court or the claimant then they should have been aware that they were attempting to serve on an address that was no longer your place of residence. Although legally that is all they have to do, serve on your last known address.

 

 

You might be able to apply for the set aside based on the fact that

 

 

a) you were not aware of the claim due to the move (and the fact that you had mail redirect in place)

b) that you should be given the opportunity to submit your defence (if it is credible).

 

 

Lowells will NOT hold off on the Judgment, they cant, it has been awarded by the court.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I never had redirection in place. I just get the mail off the new tenant who is a mate of mine, when he gets home from working abroad, so roughly once a month.

I know this is poor practise on my part, and i am taking steps to address. The thing is, they don't have my new address, we had to move due to threats made against us, so i've never given anyone my new address.

I'm thinking a DRO might be the best way forward for me, as I have no income, and i'm not on benefits. I'm a stay at home dad, my wife works though.

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What date was the judgment ?

 

If you never informed Lowell of your change of address then last known address is legally acceptable and valid...a set would not be granted in that case.

 

Andy

We could do with some help from you.

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Are they trying to execute it now ? How old is the CCJ ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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It's roughly 6 months old. They've written asking for payments and to make up the £250 quid i owe them. The judgement was £50 a month apparently.

So no actual enforcement as yet, but i can fell it in the pipeline.

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Why have you not made the payment set by the court then?

 

Start the £50 per month payment as per the Notice of Judgment set by the court.....ignore their making up missed payments for now...you can always increase it later on.

 

You can vary the payment by way of an N245 ...if the £50 is over stretching you.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Complete the N245 (see Legal Library ) complete the attached I&E and make an offer of a £1 a month (if that's all your budget will allow)

 

But do something.....before they try to escalate it further with further costs.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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