Unknown lowell CCJ from two years ago....OD debt....Help please!

[dean5279]

HI

 

Hopefully someone can help me,

i really don't know what to do next.

 

i admit a few years ago i ran into a few problems and didn't keep up to date with outstanding credit accounts, the old bury my head in the sand.

 

I have being trying to get things in order and recently got my clear score credit report,

to my shock i had a CCJ for an outstanding overdraft which was being chased by Lowell.

 

As far as i remember i had a £1400 overdraft which i left unpaid. That was in 2009.

i moved house in 2011 and never heard any more about it, although i have had other lowell communications over the last few years

 

. I contacted lowell to ask for details and they informed me the CCJ was taken out in 2012 although the credit report says 2014.

 

They informed me i have arrears on the agreement of £1000 and must start paying £50 per month right away or they would take further action.

 

My main question is

do i have any rights to have this set aside

, Lowell have obviously had my latest addresses over the the last few years

why is the first I've heard about it when i got a credit report.

 

And also the overdraft was £1400 but the debt they are claiming i owe is £2605,

is there any way i can challenge this?

[dx100uk]

Have you replied to any letter on any debt sent to your present address from Lowell's?

[dean5279]

Have you replied to any letter on any debt sent to your present address from Lowell's?

I haven't replied to any letters from them, it's really only now I'm trying to sort things out

[dx100uk]

Can't see anything you can really do sadly then

Certainly setaside wise

You didn't inform your creditors of a change of address

So they quite correctly and legally filed to the address the credit was taken out at

 

Even if this weren't the case...

You'd still need a defence anyway

 

Dx

[dean5279]

Can't see anything you can really do sadly then

Certainly setaside wise

You didn't inform your creditors of a change of address

So they quite correctly and legally filed to the address the credit was taken out at

 

Even if this weren't the case...

You'd still need a defence anyway

 

Dx

Thanks, can I not do anything about the amount being nearly double what I originally borrowed, surely that can't be right ?

[dx100uk]

disregard what lowells say on the phone and you should NEVER EVER ring a fleecing dca.

 

 

so they now know your real address I take it you confirmed that?

 

 

get an sar running to the original creditor who was?

 

 

when did you take the account out

and when did you last pay them anything or use the account?

 

 

there would have to be a clear 6yrs from the date of your last pay/use to the date of the claimform [about 1 month before the CCJ date to make it statute barred.

 

 

phone northant bulk

ask for a copy of the CCJ

you'll need the CCJ number

either from your credit file

or from trustonline site first mind.

 

 

yo MIGHT be able to dispute the amount of the debt should there be lots of penalty charges

[AndyOrch]

Pity you rang them and brought it to their attention.....as you have never paid anything towards the judgment dated 2012...you only had 2 years + to run then they would have had great difficulty in taking any further action.

If they now start to pressure you...may be wise to submit an N245 and agree an easy affordable monthly payment......but only if you are sure they will take further action.

 

Andy

[dean5279]

disregard what lowells say on the phone and you should NEVER EVER ring a fleecing dca.

 

 

so they now know your real address I take it you confirmed that?

 

 

get an sar running to the original creditor who was?

 

 

when did you take the account out

and when did you last pay them anything or use the account?

 

 

there would have to be a clear 6yrs from the date of your last pay/use to the date of the claimform [about 1 month before the CCJ date to make it statute barred.

 

 

phone northant bulk

ask for a copy of the CCJ

you'll need the CCJ number

either from your credit file

or from trustonline site first mind.

 

 

yo MIGHT be able to dispute the amount of the debt should there be lots of penalty charges

 

Thanks for replying..........The strange thing is i have lowell letters to my address but this lowell i have spoken to via email say they dont know my address and i need to confirm it so they can send me copies of the original agreements, as yet i havent confirmed.

 

I know it wont be statute barred as the CCJ date (they claim 2012) on my credit file is 2014, i last used the account in 2009.

 

The account was with Halifax, i will try and get a copy of the CCJ today and take it from there, thanks again.

[dean5279]

Right so im an idiot, i did confirm my current address to them in the first few emails i sent to them, they asked for my address to confirm my details due to the data protection act, i only gave them my current address so obviously they did have my current address.

[dx100uk]

No that's good they now have your current address

If you could prove they knew that before the CCJ you have the start of a set aside

But you'd still need acdefence for the debt.

 

Phishing letters that go unanswered don't cut it in terms of proof

[dean5279]

No that's good they now have your current address

If you could prove they knew that before the CCJ you have the start of a set aside

But you'd still need acdefence for the debt.

 

Phishing letters that go unanswered don't cut it in terms of proof

 

So is the best thing to give them a CCA ?, forgive me im new to all this. if the judgement was set aside would this become statute barred or would that not come into this?

 

In terms of a defense i dont deny i owe them money its just the amount, an extra £1200 on an original balance of £1400.

[dx100uk]

But you need proof of wrong amount

Sar Halifax

 

CCA is no good on an overdraft

 

Claim form pauses SB clock so set aside makes no odds to that as all it does is set it back to the claim issue stage