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Lowell CAT debt CCJ set aside by consent **WON**

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Having looked at partners credit file Lowell got A default ccj last year

Paperwork sent to old address moved out just over 6 years ago.

Forms filled for set aside hearing date end of this month.

 

Lowell have e-mailed today

 

We refer to the above matter and in particular your application to set the judgment aside which has been listed for hearing on ## november 2018.

 

Upon consideration,our client is proposing to consent to the judgement been set aside and has instructed us to prepare the attached draft consent order for your consideration.we should be grateful if you could sign and return to us by e-mail if possible or post.

 

Once we are in receipt of the signed draft consent order,we will also sign it on behalf of out client and forward this to the court requesting that the hearing vacated.

 

Should the court approve the draft consent order we should be grateful ifbyou could provide a copy of your defence so we can take instructions.

 

Once this ccj is removed if they send a new claim where would statue barred come into play

Did the default ccj stop the clock and restart once removed?

 

It was a shop direct account around 450 so not a big amount last payment would of been early 2012


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as if it never happened


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So If a new claim was sent it would be statue barred?

As over 6 years since last payment?


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They know there is something wrong else they would not have agreed to the consent, they would wait until the hearing to see what defence you are filing.. So no dont tell them.

 

It was already statute barred!

 

When was the last payment?


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Last payment would be early 2012

Never set eyes on the claim form so cant do a defence

Only defence is sent to old address for set aside.

 

I expect I will have a few reduced settlement offer letters soon

Once get conformation from court I won't be giving Lowell any information unless court paperwork


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Very rare for lowells off their own back and free of charge to you to write without prompting and remove a backdoor ccj

Must be a very solid reason.

 

Surprised theyve done this also as being sent to an old address was quite legal for them to do so if the debtor ran away not informing creditors + if this is true then its not a reason to set a ccj aside and certainly no defence to the original particular s of claim which is also needed to set aside.


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Just agree to the consent order and sign and return....when they re issue (if they re issue) you may have to contact CCBC for a copy of the original claim....... when you enter a defence (the court will advise dates) ...simply submit a statute barred defence.

 

 

Andy


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Sorry my bad i think he must of paid £255 to get a hearing date?


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Paperwork has been sent back for them to go ahead with setting this aside

Obviously if had received paperwork if defended it or had the opportunity to pay it saving credit file.

 

Put paperwork into court stating that it was sent to old address

Never had a chance to defend it or pay

Along with the fee requesting it be delt without a hearing.

 

There was no default showing on credit file so fairly sure it is/was statue barred when claim went in.

Lowell had been writing to new address.

 

Ccj registered at old address so perhaps they can see their mistake?

 

Will subject acess request original creditor if they still hold any data and see what comes back.

Edited by dx100uk
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Lowells know that they will lose any hearing as debt SB and wrong address used so they will end up paying the £255 set aside costs plus your costs for the actual hearing.

 

Now if you agree with them they dont have to pay costs as it doesnt get considered.

This way they walk away scot free for their misadventures.

 

You can tell the court you want a hearing because they knew the debt was SB and failed to show due diligence in ascertaining the correct address for the service of papers and that's entirely of their doing that you have been forced to pay for set aside so want those costs back as Lowells have been unreasonable in the way they have conducted this so far.

Edited by dx100uk
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I've gotta admit ......….is it time to start kicking back on the industry now?

this appears to be a far too common case now... move things up a notch...?


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When my partner sent off the forms for set aside she was able to claim help with court fees as on low income so it's not cost anything to get it this far.

 

Have not heard anything back as yet will still be attending court at end of month unless the court notify otherwise.

 

This must of cost Lowell with the last court claim hopefully they will waste more money in a few months with a new claim


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The court use to ring and check with the defendant when a consent order was being processed and inform you the hearing had been vacated.


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Having not hear a thing from low life or the court ,rang court today they have confirmed hearing not going ahead this Friday

Would seam everything is in place for this to be set aside.

 

A fairly easy process so far hopefully that will be the end of this one

Cca requests going in once they reply to sar

 

A few defaulted accounts to settle depending on coca

 

No cca will be a low offer for full and final and marked as satisfied on credit file

Edited by dx100uk
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Have received paperwork from the court

 

It Is ordered that

 

1 hearing listed for this Friday be vacated

 

2 judgement entered herein last year to be set aside and registration removed

 

3.defendant is directed to file and serve a fully particularised defence supported by documentary evidence

With in 14 days

 

4 directions questionnaires to be dispensed with and the matter be allocated to the small claims track

 

5 therebe no order as to costs.

 

I contacted Lowell to find some more information of the claim and account

They told me who the original creditor was and and last payment was March 2013!

 

So this can't be statue barred if those dates are correct but do Lowell tell the truth?

They have not received payments was only the last payment to the original creditor.

 

With the information they gave me of the original creditor i gave them a ring.

 

They found it on their system after a little searching and confirmed to me the last payment on the account

Was .........@#/10/2012.

 

Sounds to me like lowells lied to me on the telephone do you think they would do that ?

 

Defence will have to state that it is in fact statue barred?

Edited by dx100uk
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who ever said ring a fleecer they lie!!

 

ring the OC and ask.


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Original creditor said October 2012

So I will go with that now?


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think id go with andy here just file our sb defence

you COULD ring northants bulk tomorrow early and ask for a copy of the CCJ and the claimform by email PDF

that way you'd know what date lowells bought the debt as it should say so

 

would she have paid lowells [or carried on paying the OC and they forwarded the money on] after the OC sold the debt on?

so the OC might thus not have a record of it themselves?


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So I asked Lowell solicitors for a SAR

they responded with a copy of all the letters as follows

 

January beg letter to current address

January letter of claim to current address

February beg letter to OLD ADDRESS

February letter of claim to old address

March claim form to old address

March notice of claim issue old address

March notice of pending ccj old address

April a ccj has been issued letter old address

May ccj arrears old address

June ccj arrears old address

October (THE FOLLOWING YEAR)notice of ccj arrears CURRENT ADDRESS.

 

So they started off the process at current address then old address then back to current address.

 

This ccj has now gone Lowell have had the bitter taste of lemon just proves how grubby they are!

No wonder they rolled over so easy.

Not heard anything else from them will leave them alone now!!!


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it hasn't gone...

 

just that it doesn't show after 6yrs on your credit file

they could enforce it tomorrow..

 

you need to either ring the OC and ask last payment date

or

SAR the OC

not sure where anyone said sar the fleecers.


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small screen sorry

it got set aside

nice one


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