Lowell - mediated settlement, settled the debt - now chasing again claim they have CCJ

[The_Grumlin]

This is not for me but for my ex partner

 

In 2013 she got a claim form for on old Three debt

(sent to my address she she had not lived for 12 plus years)

 

I helped her with the claim form and to cut the story short she went into mediation and agreed a settlement.

Which she paid by DD to the account as specified by Lowell/Howard Cohen.

So all paid up and completed, no CCJ, no action, no more letters.

 

Now jump forward to 2017,

letters start coming through my letter box from Lowell for her, which I pass on.

They claim the debt is still owed,

they have CCJ

and now if she doesn't pay up (again) they will enforce the CCJ they think they have.

 

Any advice I can pass on.

 

There have been a number of letters now and I am thinking that she goes for harassment?

[Bazooka Boo]

Check her credit file, or Trust Online and see if they're telling the truth about the CCJ.

 

Why are you still receiving letters for her after all this time?

 

The only way they would have got a CCJ, was by default, ie. they would have sent a claim form to your address, which you then ignored, then they will have been unchallenged in court hence winning by default?

 

As long as she has evidence that the CCJ was settled, then this is either another debt they have or completely bogus and they're chancing their arm?

[dx100uk]

had her for a mug then...

 

 

99% of mobile debts are made of charges of the remaining time till end of contract

which are unfair and can be defended.

 

 

if £255 is cheaper than paying the balance go get the CCJ set aside

[The_Grumlin]

First thing we did was check her credit file - NOTHING,

did a check on Trust Online again -NOTHING as I thought.

 

 

They issued the claim form and it was addressed to my house

- she defended and settled.

 

 

She already had correspondence at her previous and current address to/from Lowell at the time

so they had correct details,

they obviously tried to get default judgment as this was a previous address

(and is associated by being on the mortgage).

 

I know they are chancing their arm as they are asking for the original amount,

not the amount they claimed on the form i.e. plus fees/costs etc.

[dx100uk]

scan the letters up please to one multipage pdf

follow upload

[The_Grumlin]

You will notice from the letters they say Three obtain a CCJ,

but it was Lowell who issued the original claim that was paid off!

attachment .pdf

[Bazooka Boo]

But no CCJ is registered on her files?

 

Hmmm, don't know if they're willy waving, first thoughts are that they are otherwise, they would have carried out their threat and sent bailiffs in if they're that confident!

[unclebulgaria67]

Write back to Lowell addressed to Head of Legal/Compliance, pointing out that the account was settled after communications in 2013 with Lowell/Howard Cohen. Payments were made to a specified account. Suggest that they check back at their accounts records as you are not going to the time/expense to provide own records.

[dx100uk]

is that all the letters

what about the old stuff.

 

 

dx

[The_Grumlin]

I haven't got access to those at the moment but will ask her,

 

I do have the text of the court mediation settlement agreement (removed any data that might identify)

 

 

MEDIATION SETTLEMENT AGREEMENT

 

Name of court

 

County Court Money Claims Centre

Claim No.

 

 

Name of Claimant

 

The Lowell Group Enterprise

Name of Defendant

 

 

 

 

On the xx September 2013 the parties agreed that:

 

Terms:-

 

1. The defendant will pay the claimant the sum of £350.00 in full and final settlement of this case the payment to be made by instalments of £50.00 each month beginning on the xx October 2013 and ending on the xx April 2014.

 

2. In the event of default by the defendant, to pay the sum agreed on the xx September 2013 the claimant shall be at liberty, at the Claimant’s option to:

(a) apply to the court for summary judgment for the unpaid balance of the settlement sum; or

(b) apply to the court to restore the claim.

 

3. The agreement is in full and final settlement of this claim.

 

4. The court will adjourn the case generally with permission to restore, and the claim will be struck out without further order of the court if not restored by the xx July 2014.

 

5. The parties will keep the information contained in this agreement confidential and not use it for any collateral or ulterior purposes. Other than a final written agreement, any information – whether written in a document prepared for mediation or written or spoken during the mediation – can only be used for the purpose of mediation and cannot be referred to in any court action unless the parties agree. The parties agree that they will not call the mediator to give evidence in any court action.

 

Claimant: Acceptance email attached, or otherwise signature below.

 

Signed:

 

Defendant: Acceptance email attached, or otherwise signature below.

 

Signed:

 

Date

 

 

Date:

[AndyOrch]

Send them a copy of the above...

 

Andy