Lowells backdoor CCJ on old CAT debt ***Claim Dismissed***

[andy210000]

Hi,

 

Im currently in the process of challenging lowell solictors for a shop direct catalogue debt they allege i have to which we are at the mediation stage.

 

Today i return home to find a letter from lowells saying im behind on my county court payments for another shop direct account which i have no idea what it is for, this is the first correspondence ive had on this from them.

I've checked my credit file and i do indeed have a CCJ on my file for the balance they say i owe.

 

Where do i stand on this?

 

They obviously had my address as Im challenging the other account in question ,

why have ive not received anything yet its gone through the courts and they have gone in their favour?

 

Can i still challenge the debt even though its gone through the court?

 

I am fuming, If anyone could point me in the right direction I would very much appreciate it

 

Have a great weekend

 

Thanks

 

Andy

[London1971]

Hi Andy,

 

This is what's known as a 'backdoor CCJ'

 

It went to your old address and they won by default as you were unable to defend. Lowell will say that it's your responsibility to let your creditors know when you move, that's what happened to me, anyway. I have 3 of them, and I'm paying them off bit by bit.

 

Honestly I was upset at first, but they will all be satisfied in 5 years, and off my credit file. It hasn't stopped me getting a mortgage, albeit with a higher interest rate, but it's still better than renting and I can always remortgage further down the line. It really isn't the end of the world!

[dx100uk]

what is the date of the CCJ?

[andy210000]

Date of CCJ is 30th June

 

Thanks for the info London,

 

who did you get a mortgage with if you dont mind me asking?

what was the value of your CCJ's?

[dx100uk]

and what date did you get the claimform for the other on going claim [we've no thread on that]?

 

 

and what address was that filed too?

 

 

get me drift..prove lowells KNEW your correct address

then you can set this new one aside

but you'll need a defence for the DEBT itself

[andy210000]

Hi,

 

I got the claim form around end of may for the ongoing claim( no thread just using this forums advice to defend it)

 

They filed it to my current address and have been sending me letters for months prior to the courtclaim also. so they knew my address without any doubt

[dx100uk]

go get 'em!!

have you a defence for the debt itself?

[andy210000]

What do i need to do?

the court has already been done ?

i have no idea what the debt is for

[dx100uk]

you said another shop direct account in post 1

 

 

have you a copy of the CCJ and the claimform?

if not

go ring northants bulk and ask for a copy of the CCJ and the claimform by email pdf.

 

 

then we can see

[andy210000]

ok will do, ill get onto them on monday.

 

I assume i dont say anything about it on the current courtclaim im about to goto mediation with?

[dx100uk]

makes no odds

 

 

its of no relevance unless you get a good operator and then it answers your reason for a set aside

they knew your ruddy correct address, they were already litigating against you using it!!

[andy210000]

hi dx100uk

 

How do you get a debt set aside for something that has already gone to court and a verdict has been given?

[Old Cogger]

N244 court set aside request cot £255, but would need good reason to get set aside?

[London1971]

DX100

 

Lowell have known my current address for the last 2 years, and have been writing to me.

 

I also have 2 backdoor CCJ's from them , sent to my old address, yet Lowell knew damn well where I was living. ? Does that mean I have a shot at getting them set aside?

 

Regards

 

Jonathan

[London1971]

Andy 210000,

 

They are called Just Mortgage Brokers.

 

I've had to pay off some old debts,

 

I've fought some and had them removed from my credit file.

 

I have 4 CCJ's

 

I have 20% deposit, and finally have a decent income but am still going to get rinsed on interest rates. That's why it would be amazing if I could get some of the CCJ's set aside and actually get a conventional mortgage. From what I have learnt a lot comes down to the age of the CCJ's and / or debt defaults. They are more interested how good you have been in the last year or so, than stuff that happened 5 years ago. Also the other thing that are toxic to mortgages are payday loans, my wife had some of these and it has taken ages to pay these all off.

[dx100uk]

DX100

 

Lowell have known my current address for the last 2 years, and have been writing to me.

 

I also have 2 backdoor CCJ's from them , sent to my old address, yet Lowell knew damn well where I was living. ? Does that mean I have a shot at getting them set aside?

 

Regards

 

Jonathan

yes

 

 

perfect reason to set them aside as you've written proof they knew your correct address

 

 

however you'll need a basic defence for the actual debt itself to show the judge that should he grant the seta side then you have a reasonable chance of disputing the original default judgement

paperwork [ I e no CCA etc] after a default judgement does not wash, as the awarding of the judgement trumps the need for enforceable literature]

 

 

might be best to get the CCJ and claimform for each

go ring northants bulk like I said]

and then scan them up.

 

 

dx

[dx100uk]

as a side note

I have known in recent weeks for Lowell solicitors to set aside FOC by consent twice in the last few weeks. for that very reason

 

 

its worth ONCE you have the deteails of ringing them on the off chance you catch them unawarers and they agree.

 

 

but lets get the info FIRST

[andy210000]

Hi dx100uk

 

Spoke to county court today who have sent me a copy of the judgement but they said they dont send copies of the claim I have to speak with Lowells if i want that which im reluctant to do. Is there anything else i can do?

 

Thanks

[AndyOrch]

1000s of threads here state otherwise..posters simply ask for a copy of the N1 and its either posted or emailed to the recipient.Sounds like you got through to a jobsworth...if they didnt provide copies no one would be able to set a side a claim on none receipt of the initial claim form ?

[andy210000]

Hi

 

Is anyone else having any issues calling the business center just seems to ring out when i try been like this all this week? im calling 03001231056

 

anyone else got a different number i can try

 

the judgement was done on the 9th may,

 

this does not make a difference

 

I have letter proof from the one im challenging dating back to last year at my current address

 

any advice would be greatly appreciated

 

Hi Andy

 

Have you managed to take a look at the attachment ?

 

can you advise what i have to do now?

 

Thanks

claim.pdf

[AndyOrch]

Do you still wish to set a side ?

[andy210000]

Hi Andy

 

Absolutely I have no idea what this is for

[dx100uk]

Then re read your thread from post 1

[AndyOrch]

Familiarise yourself with the following...the N244 is an application to set a side...the fee is £255 with a hearing...you will need a valid defence to support your application.....so if they do disclose documents and you then recall it...its an hefty mistake.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice-**Correct-as-at-Sept-2015**

 

When your ready I will go through the application with you...but in the meantime have a think and see if you do recall it.

 

 

Andy

[andy210000]

Hi,

 

Could you please advise what i need to do with the request document.

 

Im at the stage where i have had a mediation call .... Thanks to all the great advice on here!!!.

 

But i dont know whether this is a request for a witness statement or just further information on the defence but it has to be submitted by the 17th November

 

Any help will be greatly apprecaited

 

Thanks

 

andy

court.pdf