Very, Lowell ..... ccj?

[Nicnac13]

I had an account with Very which was

 

Started 16/10/02

Defaulted 26/08/11

Default Balance £2130

Last payment 02/07/12

 

The last payment was made through a DMC to Lowell Portfolio Ltd.

 

I received varous letters from Lowells and at some point remember receiving letters from bryan carter solicitors. I ignored them!

 

Then i get a letter from Lowells saying that the account has been returned from the solicitors to them and that as i have not made any payments on my ccj they would be taking action. Apparently BC solicitors took me to court.

 

I never received any papers from the court.

My address never changed either.

 

I checked online and found that i would have received a big package of blue(?) court papers, did not receive them.

Because of this on 31 July 2016 I went online to RTL to check the Register of Judgments

- There was nothing registered for me, at my address.

 

In Nov 2017 my Experian credit report showed the very account gone and no ccjs were on there.

 

Today i have received a letter from Lowell Solicitors stating, second notice of county court judgment arrears -£1900.00.

 

The reference number they give refers to the Very account.

Are they pulling a fast one, trying to get me to contact them.

 

This account is now statute barred I believe?

very lowell.pdf

[AndyOrch]

Would be handy to find out what date this alleged CCJ was granted......but from the looks of it ..it has now passed the 6 years to enforce it without the courts permission.

 

They refer to a claim number on their letter...give MCOL Northampton a ring and try to get some information...date issued...judgment granted...copy of their particulars...which they will email to you if you ask.

 

Regards

 

Andy

 

Thread moved to Financial Legal Issues Forum.

[ericsbrother]

anything showing on your credit files currently?

[Nicnac13]

There are no ccjs showing now

[AndyOrch]

Just ring Northampton and get the dates.....then you can rest assured that they would have to go back to court to get permission to execute and enforcement.

[Nicnac13]

Right i'm confused now.

 

Finally was able to get to speak to someone in Northampton.

The claim number was correct, but they had the wrong house number.

So it would seem all the court forms would have been sent to the wrong address.

 

She said the claim was issued 5 June 2015, and judgement granted 7 July 2015.

Still waitng for email confirmation of this.

 

Don't understand how they got the address wrong, been here over 20 years and the Lowell letters all got the address right.

 

Where do i stand now?

[dx100uk]

so CCj is within 6yrs so they can enforce.

 

you need to findout who made the address mistake...await copy of the claimform and CCJ via email pdf..you did ask for that?

 

that gives you a reason to set aside..

..and the fact that the debt was statute barred [you hadn't paid anything for a clear 6yrs sometime] gives you a defence for the actual Claim/debt.

 

should be a walk in the park

 

nothing unusual for carter here, he played all kinds of tricks deliberate or otherwise to ensure backdoor CCJ's ...

[Nicnac13]

Not sure what i asked for exactly, think i asked for a copy of all the info she had just told me, and all that was connected with the judgment. Still waiting for the email, she said it would be a couple of minutes, been 40 odd mins now.

If i have received no email by the morning should i ring them again, and this time request copies of the claimform and the ccj, by email.

[dx100uk]

yes

[AndyOrch]

Well thats why its not showing on your CRAs/Registry Trust...from the claimants perspective...this it what they should have done......

 

 

Requesting a Default Judgment

 

At this stage, you can update the defendant’s address if it has changed since the issue of the claim; however please note that the defendant’s name cannot be altered. If the defendant’s

name is incorrect or you are aware that the defendant’s address was incorrect when the claim was issued do not continue requesting judgment – you will need to apply to amend and reserve

the claim.

[dx100uk]

Reserve or reverse??

[AndyOrch]

Reserve Judgment...until all corrections are made.

[Nicnac13]

The email has arrived, I was told on the phone that actual copies of things would be charged for, but he would send me all the details he could that were free. Here comes my headache again!

 

 

 

Claim No:

Amount Claimed: £ 2596.85

Court Fee: £ 105.00

Solicitors Costs £ 80.00

Total: £ 2781.85

Date of Issue: 05-JUN-2015

Claimant

Name: LOWELL PORTFOLIO I LTD

Address: PO BOX 1419, NORTHAMPTON

Postcode: NN2 1BU

Reference:

 

 

Address for sending documents and payments (if different)

Name: LOWELL SOLICITORS LIMITED

Address: ELLINGTON HOUSE, 9 SAVANNAH WAY, LEEDS

Postcode: NN2 1BU

Tel: 0113 3353339

Reference:

 

Defendant (1st)

Name:

Address:

Postcode:

Defendant (2nd)

Name: MRS

 

Address: 213

 

Postcode:

 

 

Particulars of Claim

THIS CLAIM IS FOR 2404.49, THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND / OR SERVICES AND / OR GOODS. THIS DEBT WAS ASSIGNED TO / PURCHASED BY LOWELL PORTFOLIO I LTD, ON 30/08/2011 AND NOTICE SERVED PURSUANT TO THE LAW OF PROPERTY ACT 1925 PARTICULARS RE- SHOP DIRECT A/C NO xxxxx, AND THE CLAIMANT CLAIMS 2404.49 THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY ACT 1984 AT A RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO 192.36

 

Judgment Details

Judgment Amount £ 2596.85

Total Costs £ 207.00

Sub Total £ 2803.85

Paid Before Judgment £ 0.00

Total£ 2803.85

Instalment Amount £ 50.00 Period Monthly

First or Full Payment Date06-AUG-2015

 

 

Not sure if that came out correctly?

 

I have removed the ref numbers, and my name and address. But as you can see I have left in the house number the ccj was registered in. Not my number,

 

As i said I have lived here over 20 years and letters from lowell and their solicitors have arrived at the right house.

 

 

I remember getting a letter from Bryan Carter Solicitors saying the account was now being handled by them but nothing from them about court proceedings. How could i know or defend that?

[dx100uk]

So time for a set aside then

[Nicnac13]

So what do i do now?

[AndyOrch]

If the claim form had arrived at the correct address...would you have had a valid defence to defend the claim ?

[Nicnac13]

If i would have had a letter from the solicitors informing me they were about to take me to court, I would have had the chance to at least pospone the court bit by contacting Lowells themselves and sending a CCA request.

[dx100uk]

was the debt not already statute barred at the time of the claimform? I think it was?

[Nicnac13]

The last payment i made was 2/7/12 so would not have been statute barred until 2/7/18? So when I should have received the claimform in 2015 it was not SB.

Would i be able to claim that since i only found out about the ccj, 24/9/18, it is now statute barred? Due to them submitting the wrong address on the claim ?

[dx100uk]

No

Cant see a defence then

[AndyOrch]

Given that the judgment is not registered to the correct address and also that it does not appear on your CRAs or RT...they will have difficulty trying to enforce the judgment until such time they make application to correct the address.

 

Do they state what action they would possibly take?

 

Andy

[Nicnac13]

Its in the attached letter in post #1

[AndyOrch]

So it does....

 

Okay well they cant issue a Warrant of Control...because it will have the wrong address on the warrant.

 

They could issue an Attachment of Earnings if they can find you and know your employer...assuming you are in gainful employment.

 

They could seek a charging order...but only after they have corrected the address on the judgment....assuming you have a mortgaged home.

[Nicnac13]

I don't own my home, and i'm not in work.

[AndyOrch]

I don't own my home, and i'm not in work.

 

Then nothing to worry about