Lowell CCJ for Halifax Card debt - Lost Set Aside Twice - - is PIP to be included I&E form?

[candiceaton]

BIT OF BACKGROUND...

..I have lost a court ccj against lowell,

I tried twice to have it set aside,

 

 

first time despite evidence that a ccj had gone to empty property not mine, (found 6 months later) letters from 3 neighbours stating long standing postal problems the judge at county court chose to not believe, only skip readed one,

 

 

second time i tried to get it set aside i had a solicitor on it,

he said that lowell had no deed of assignment and had not followed correct procedures on four counts,

 

 

judge chose to ignore and said couldnt overturn first judge and was not familiar with my case, and to pay lowell.

 

 

Also that i simply could not keep appealing/attempting to set aside...

Lowell also had a student solicitor whom the courts refused to name at the first application to set aside,

I believe that student had no right of audience, at the second attempt to set aside, their rep pretended to be a law lecturer, (was actually from an agency) actually verbally tore into mine outside the court room, and was very intimidating.

Highly unproffessional,

 

 

When i sought his name to make a complaint the court refused it simply saying they had only a reference number for him....

 

HOW IT STANDS NOW...

 

 

My solicitor recommended that I offer lowell a token monthly payment.

This I have done and am about to post it only to be told that my PIP is NOT counted as income,

but only my ESA is.

 

 

Before I alter my forms of exp and inc, can I clarify this point. Many thanks.

[dx100uk]

correct pip is for YOU only

but you must show how its spent.

 

 

don't rush with this they've fleeced you make them wait.

 

 

so what is the original judgement please.

 

 

and why have you got to rush to offer lowells anything nor send THEM your I&E form.

that should be for the court only.

 

 

dx

[candiceaton]

Hi, I was told easier to offer Lowell directly rather than go through the courts after losing to have it (their ccj) set aside twice.

 

 

I offered Lowell a small payment.

Now, they want to see my income and expenditures,

 

 

I have a form from Lowell in order to do this,

however was told to use a CAB one to fill in and send, as it has more included in it,

lowells one is really basic and doesn't cover a lot.

 

 

I thought that if i don't hurry up and send the form, it will create a situation where I have to attend court yet again to justify my expenditures and income.

 

I haven't heard from the court but assumed that was because Lowell have told them I have, after losing to have the ccj set aside, offered a small monthly payment.

 

Thanks for replies,

but When you ask what is the original judgement, not sure what you mean?

 

 

It is a credit card debt bought by Lowell, is that what you mean?

Not very up on the terminology ...

[dx100uk]

the judgement

you lost the CCJ by default..??.

 

did you used to live at the old address and didn't update your creditors of a move??

 

need the full story please

cant see why you need to send lowells anything.

 

 

dx

[candiceaton]

Hi no have lived all the time in same address.

 

I am told I will have to pay the credit card debt which Lowell's have bought from the credit card company. This debt is now owed to lowell.

 

As I have lost the case to have it set aside then it means I must pay Lowell,

I must pay the credit card debt,

I must pay Lowell's costs,

I must pay the bailiffs costs - this is what the judge said. (am ugly, I might add).

 

Therefore, to avoid another court date,

I was told to directly offer Lowell a small payment. ,

to keep the court off my back.

 

This, I have done,

but Lowell now require my exp and Inc to be set out on an official form,

which I have done, but not yet sent.

Hope this makes sense, and thanks dx

 

Just an after thought, DX,

what would happen if I chose to totally ignore Lowell and send nothing,

would the court send for me again and add more charges on,

or try to jail me for being subservient? I would hope not.

 

NB the reason to directly approach Lowell was to avoid the court scrutinising my exp and inc and maybe forcing me to pay higher than I can.

 

Like this, u have offered Lowell a low payment but not refusing to pay,

so would keep it out of court,

if you see my logic,

but I may be doing the wrong thing?..

 

To clarify,

in my street there was an empty house next door to mine,

mine is 30,

there's is 28a adjoined to that is 28.

 

relief postmen (regular occurrence) don't notice 28a is NOT number 30...

and that 28a has not been occupied for months,

as they are not familiar postie...

 

That is how ccj got sent there,

I didn't know of it,

lots of my mail didn't reach me but was erroneously put in 28a letterbox,

house being unoccupied.

..consequently first I knew of allegation of debt,

a bailiff hand delivering a letter to my mailbox...

 

When 28a became purchased and new people came in,

they bought me a bag full of unopened letters addressed to me,

but had been posted to their letterbox in error.

 

Lots of Tesco vouchers out of date, birthday cards, etc...

[dx100uk]

Its a civil debt you can't goto prison..

The bailiff was a court bailiff, they are in most cases your friend unlike HCEO,s

 

Person I'd write to Lowell's with your offer without anymore I+e sheets

 

This my offer take it or leave it

Send me your details for a standing order

And I'll start paying.

 

You are abiding by the the court order

Who was the original creditor how much for

[candiceaton]

Ah thanks,

I cant set up a direct debit, or standing order, no bank account.

they would have to send giro slips for me to pay.

 

 

Obviously at a bank or a post office and pay for the privilege but I don't have another way to do.it.

 

 

Now, the original debt was for Halifax credit card,

they sold it to Lowell,

started off at about 3 grand but Lowell added their costs,

and bailiffs did add their costs to it too.

 

After a while of paying £2 a month,

will they just get fed up and write it off,

after a period of time,

or, will I have it to pay off I to old age?

 

Pay it off til old age that should have said...

[dx100uk]

£2is a bit small £5/£10 IMHO.

 

 

get an sar off to Halifax

get all the statements