Backdoor lowell CCJ - old cap1 card 'debt'

[Harlow]

Hi All

 

I'm a long-term debt struggler,

but I've made good progress over the past 5-6 years,

some paid off, one written off, some on arrangement etc.

Just when I thought I was getting on top, Lowell tell me they're sending the bailiffs round

 

The original debt (Capital One) hasn't been paid towards, or acknowledged for a very long while (less than 6 years though!).

 

I wasn't in a position to pay,

due to other arrangements in place,

so chose to ignore it.

 

 

The idea was to eke things out until April this year,

when two of my existing arrangements come to an end,

then go to Lowell with an offer / agree a repayment plan.

 

The bullet points of my issue are below, any advice would be hugely appreciated...

 

1. Moved house May 2015.

 

2. Lowell wrote to me at my NEW address September 2015, November 2015 and other letters.

 

3. Heard nothing until last week,

when I received a Notice of intention to enforce,

warrant of control etc,

due to non-payment of CCJ registered July 2016.

 

4. I knew nothing of the CCJ, no letter before claim, no claim forms, no court papers, no nuffin whatsoever.

 

5. Papers were presumably sent to my old address, as that's where the CCJ is registered.

 

In short,

LOWELL pursued legal action without my knowledge,

affording me no right to defend their claim,

and no opportunity to pay within 30 days of the judgement,

thus removing it from my credit file.

 

The key point here,

is that they had written to me on more than 2 occasions at my new address,

then reverted to my old address when it came to the legal shenanigans.

Can't see that this was anything other than deliberate.

 

My credit file had been starting to shape up (slowly), but now it's got a shiny new CCJ on it.

 

I'd be very grateful to receive your suggestions...

[BankFodder]

So do I gather that they knew your new address and they have been writing to you there. Then when it came to issuing the claim they served it on the old address and they are now chasing you at the new address again?

 

It seems to me that you have the basis for a set-aside – although I'm afraid that this will oblige you to lay out about £250 for the application, but in the circumstances I think you have a very strong case for getting the money back.

 

I take it that this was a personal loan. You have never thought to ask them for a copy of the CCA agreement?

 

There is a strong chance that they won't be able to provide you with a copy in which case the debt would be unenforceable.

 

I suggest that you write to Lowell immediately and asked them for a copy of the CCA – it will cost you £1. You should also follow our advice regarding a set-aside – meaning you should try to contact law and get them to consent to it but if not then you will have to apply to the court in the face of Lowell's objections.

 

The grounds for a set-aside are basically that you haven't receive the court papers and secondly that if you are given an opportunity to defend, that you stand a good chance of succeeding.

 

The first ground seems to be no problem. The second ground is a bit more difficult – unless they are unable to provide you with the CCA.

 

You haven't told us how much the judgement is for.

One thing you could do is to apply for the set-aside and then when you get the set-aside – assuming they have provided you with the CCA – is to pay off the debt immediately before a new judgement can be issued. This assumes that you have the money, of course.

 

Our site team member DX will no doubt be a long and be able to give you even more specific advice than this.

 

Is there any suggestion of any PPI associated with this debt? Are there any late payment charges et cetera?

[Harlow]

Thanks for your reply BF, really appreciated.

 

Yes, they knew I had moved. I have 2 letters from them, addressed to me at my new / current address, which PRE-date court action by more than 6 months. Then court action at old address, and then threat of bailiffs to new address.

 

The original debt was a credit card.

 

The debt was approx £1000. Now, with interest and costs approx £1250.

 

Last payment Feb 2012.

 

No PPI or late payment charges which could be reclaimed.

 

Re CCA: Haven't requested a copy, but I assume they would have to have shown this to the court in order to get the judgement.

Re Set Aside: £255 fee ouch!

 

Concerned that this might take too long, I don't have the energy for bailiffs in the meantime, and they're due to be instructed tomorrow apparently.

 

I don't have the money to pay off the CCJ readily available, but had I known back in July last year, that a CCJ had been registered, I would have at least had the opportunity to clear it, by asking family for help etc. I could maybe do that now, but I don't see the point if the CCJ will still be there for another 5.5 years, I may as well pay what the court instructed (£50pm).

 

A set aside would provide me with a 30 day window to try and organise the money, thus clearing the CCJ from my record, but then there's the fee, the bailiffs...

[ThedaBara]

If you are on a low income, you may be able to apply for a remission for court fees... TB

[BankFodder]

No, there would have been no requirement for them to show a CCA to the court in order to obtain judgement. All the proceeds about this are extremely slack. Debt collectors routinely obtain judgements against people without having the full file and a huge number of the judgements obtained are obtained by default and probably very often in the same circumstances as you.

 

I haven't often seen it quite as obvious though as it seems to be in your situation.

 

For them to conduct themselves in this way is clearly an abuse of process. At the very best, it is complete negligent handling of the account. At the very worst, it is a deliberate abuse.

 

I think the big question here is have you got the money to apply for the set-aside? Do you have the money to pay the debt if they can provide you with the agreement?

[Harlow]

I'll look into whether I would be required to pay the set-aside fee (thanks ThedaBara for your comment).

 

Assuming I have to pay the fee, then yes, I can scrape it together.

 

If the set aside was successful, then it would at least buy me time, a few weeks(?) +30 days to get the debt money together. This might be possible, but would mean asking a favour or two.

 

Do you think it is likely that Lowell would agree not to contest my set-aside application, on the basis that I would pay them the full amount of the debt within say 3 months of the set aside being confirmed? Unlikely perhaps, but they'd have their money by April, rather than £50pm for more than 2 years.

[BankFodder]

If you have read the advice about getting a set-aside, you will see that making the application with the consent of the claimant is the best way forward.

 

If they are unable to provide you the CCA, then there is no point in arranging any deal with them to pay because the debt will be unenforceable.

 

In view of the way they have misused – deliberately or accidentally – your addresses, I think that they would have to agree to the set-aside. I don't think at this point you need to start talking about negotiating a full payment. I think your chances of getting the set-aside are extremely high and as I have said, in view of the way that they have had your correct address on file all the time, it seems to me that you got a good basis for asking for costs in any event.

 

Read the set-aside instructions and you will then understand the way forward. Come back and ask questions read the instructions

[AndyOrch]

Thread moved to Financial legal Issues...please continue to post here to your thread.

 

Regards

 

Andy

[martin2006]

Did you ever respond to any of the letters sent to the new address?

 

If not, that would be why any claim was issued to your old address.

 

If you did then you have very good grounds to set aside.

[Harlow]

Hi Martin,

 

Thanks for your reply.

 

No, I didn't respond to any of the letters sent to the new address, but then I didn't respond to any at the previous address either (the CCJ address).

 

They would have had better reason to think the 'new' address was correct, due to me being on the voters roll here, my credit file detailing the new address etc.

[martin2006]

Except you are dealing with a DCA whos goal it is to fleece you blind or obtain an uncontested, undefended, rubberstamped ccj, which is exactly what they did. It looks good on their books.

 

In relation to the possible fee remission.

 

If you have savings if £3000 or less or are in receipt of Income Support/JSA etc then you may well qualify for fee remission, see form EX160a for more information. You can easily download and complete the fee remission form from the HMCTS website

[Harlow]

I need to make a decision about this quick-smart, so I'd be grateful for your opinions on this...

 

If I apply for the judgement to be set aside, and my application is unsuccessful; would I be stuck with the CCJ on my credit file for the remainder of the 6 years OR, would I be afforded a period of 30 days to settle, from the time of the set-aside's dismissal, thus removing the judgement from my CF?

 

My main focus in all of this isn't my liability or otherwise for the debt, it's doing whatever I can to remove the judgement from my file, if that means paying the debt, then so be it.

[AndyOrch]

Was it a forthwith judgment ?

[Harlow]

Hi Andy

 

Had I paid within 30 days of the original judgement, it would have been removed from my file.

 

 

Obviously didn't do that, as I didn't know about it for over 6 months.

 

The question regarding the set-aside is hypothetical, as I haven't made the application as yet.

 

 

Just wondered whether a dismissed set-aside application might still give me an opportunity to remove the CCJ.

[dx100uk]

you need to answer post 13

 

 

dx

[Harlow]

Original judgement was ordered to be paid @ £50 pm (therefore 6 missed payments so far).

[dx100uk]

and your recent letter is from the county court bailiffs ??

 

 

you didn't inform your creditors of a change of address.

so I cant see a reason nor a defence for a set aside.

 

 

you need to contact the claimant sadly and start paying.

 

 

dx