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Lowell Back Door shop direct CAT debt CCJ Question

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Hi guys,

 

As always your advice is much appreciated.

 

Lowell issued me a backdoor CCJ on 11.11.15 to my old address.

 

However they were writing to me at my current address at that time regarding another debt. In fact they received our new address details on 17.09.15 and wrote to us on that date.

 

Worth trying for a set aside?


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if you have proof they knew your correct address then that satisfies the reason for setting aside the CCJ

you just need a suitable brief defence for why you might not owe the debt itself now.


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Right,

 

Does no paperwork cut it?


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sadly no - the issuance of the CCJ now trumps the need to [latterly] produce any enforceable paperwork.


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The debt is definitely nowhere near being statute barred so what else does that leave as a defence if anything?


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if anything

you'd have to sar to the OC and see what gives..

what was the debt all about and the OC


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Shop Direct account for £2600.


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you could SAR SD and p'haps find unlawful charges etc or non refunded returns fees that might dispute the balance claimed


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Excellent idea, will get that off this week, and report back


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Hi

 

I'm still waiting for my SAR to come back from Shop Direct on this. However I have now received a letter from Lowell Solicitors, that they will issue a warrant of control if I don't make a payment arrangement within 10 days.

 

I'm assuming because this is a CCJ, I've got no choice here?


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You only have 3 options...which you should have done in October......not sure why you are sending a DSAR ...pointless.

 

Either submit an N245 and make offer of affordable monthly payment. (fee £50.00)

Or Submit an N244 and set a aside the judgment (fee £255.00) if you have a valid defence.

Or contact Lowells Direct and agree a payment plan.


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Lowell backdoor CCJ'd me even though they knew my current address.

 

I have written proof of this in the form of letters they were sending me regarding another debt at the time.

 

I was intending to go for a set aside with unfair charges (if there were any) as my defence, hence the SAR.

 

I don't have a problem paying, monthly a reasonable amount, so will make an arrangement with them.


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Well when you contact them ask why did they issue it to your previous address knowing full well your new address? Possibly suggest they set it a side by way of a Tomlin Order and you will negotiate a payment plan...use it as leverage.


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I set up a £50 per month arrangement with Lowell to keep the bailiffs from the door.

 

I will write to them with the proof that I have,


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With CCJ ?


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Bailiff s?

Never seen Lowell's ever use them I don't think


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That is interesting,

 

We don't own a property yet, so no charging orders,

 

my wife who the CCJ 's name is in is Self Employed, so no AOE's either.

 

Are Bailiffs the only real option for them to recover money if we don't pay?


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We could do with some help from you.

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Right,

 

So certainly don't want Bailiff fees added and the family car confiscated. Worst case scenario just keep paying monthly.

 

Best case, lets see what unlawful and unfair charges the SAR to the OC reveals. Then perhaps go for a set aside or a reduced plan.


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you don't get fees for court bailiffs and they cant employ HCEO's on a CCA regulated debt under £5k.

so don't worry about them


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you don't get fees for court bailiffs and they cant employ HCEO's on a CCA regulated debt under £5k.

so don't worry about them

 

County Court Bailiff fee to issue a Warrant of Control is £110..which will be added to the existing judgment amount DX


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didn't even know that silly I suppose its logical.


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Got my SAR back on this one too.

 

I've not run it through the compound interest Spreadsheet yet but their are a ton of admin charges.

 

Also almost every purchase on the statement says BNPL, and there do seem to be a lot of big chunks of interest added.

 

I have a letter that Lowell sent to me on Sept 17th 2015 regarding another account at my current address,

 

the CCJ they (lowell) issued was on November 11th 2015 at my old address.

 

Do I have enough to get a set aside?


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yes but weren't those other Lowell letters simply phishing ones?

had you informed them or the OC in writing and have proof?


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Hi DX,

 

Looks like just phishing, I may have informed them but I can't find any letter on my computer, as it was too long ago.

 

It's not the end of the world,

if I keep paying £50 per month,

it will be gone in 4 years,

and that is the point it will also slip off my CRA files.

 

I've already received a mortgage offer , factoring this CCJ in.

 

It is a bit galling that there are hundreds of pounds worth charges in there but I will take it as a lesson learnt.


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