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Lowell's CCJ set aside Now they want attachment of earnings


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Hi

I've been getting a number of letters from different debt companies and

 

i stupidly ignored and even stopped opening them.

 

I now have a letter from Northampton county court ordering a payment of over £8,000 for a certain credit card bill.

 

I however suspect that this debt might be over 6 years as i remember getting into financial difficulties

and defaulting when i was on maternity leave six years ago.

 

I have read a few threads on here that mention doing a set aside and am guessing this is the route i need take,

but am not sure who to contact regarding how old this date is.

 

It was originally with Lloyds bank and has been passed to different companies.

 

They are demanding for payments to start on the 5th April and another 2 companies are issuing their demands too but not gone to court yet.

 

Any advice on what to do is very much appreciated.

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Hi, Am posting this again as i can see some text has been omitted.

I've been getting a number of letters from different debt companies and i stupidly ignored and even stopped opening them. I now have a letter from Northampton county court ordering a payment of over £8,000 for a certain credit card bill. I however suspect that this debt might be over 6 years as i remember getting into financial difficulties and defaulting when i was on maternity leave six years ago.

I have read a few threads on here that mention doing a set aside and am guessing this is the route i need take, but am not sure who to contact regarding how old this date is. It was originally with Lloyds bank and has been passed to different companies.

They are demanding for payments to start on the 5th April and another 2 companies are issuing their demands too but not gone to court yet. Any advice on what to do is very much appreciated.

 

 

 

 

Hi,

 

 

Have you received a claim from Northampton County Court Bulk Clearing Centre?

 

 

Or has a judgement already been made?

 

 

If a judgement by default has been obtained application for set aside should be made soon after the judgement date, and you will need to have a defence to the original claim.

 

 

In whose name is the judgement, when was it handed down?

 

 

Have you checked your credit reference files to see if the judgement shows? If not it would be a good idea to check now.

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Hello,

Thank you both for your replies.

 

I have never checked my credit reference files but will have to do it now.

 

The letter from Northampton court says judgment for claimant (in default),

 

claimant being Lowell and its says am ordered to pay the debt in installments.

 

It is dated 6th March and they want first payment on 5th April.

 

Ive looked at the N244 form on the internet and am not sure what to fill in for some questions like what level of judge

 

i want or what order am asking the court to make and why.

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What type of account was this?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi,

I got a ccj at the beginning of this month and its for an old credit card.

 

The debt is now owned by a debt collection agency and it is now alot more than what i owed the original creditor.

 

I also remember paying PPI but only for 3 or 4 months so it wasnt much.

 

Am planning to have a set aside and was wondering how to word section 3

regarding what order am asking the court to make and why.

 

Can i just put unfair charges and PPI, any advise on this is much appreciated.

 

I also wanted to contact the debt collection agency and ask them for S.R.A,

is this possible after they have already been to courted and issued ccj?

 

Thanks in advance

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you mean you have a claimform

not an actual CCJ yet

 

and you want to defend the claim using PPI/Penalty charges levied?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Can you please whether you have had a County Court Judgment awarded against you and which you are trying to set aside based on what reason and why did you not defend the original claim..

 

or that you have received a claim form which has yet to go to court ?

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I also wanted to contact the debt collection agency and ask them for S.R.A,

is this possible after they have already been to courted and issued ccj?

 

 

 

Not quite sure what you are saying here.. You can send a Subject Access Request at any time. However, if you send one to the DCA, they will have very little information other than from the time they purchased the Debt.

 

It is usual to send SAR to the original creditor, to establish if the agreement was set up correctly, whether they issued a default notice, etc, etc.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hello,

Thank you all for your replies.

 

To clarify,

 

I arleady have a country court judgement awarded against me.

 

I had the claim form posted to me but stupidly ignored it and therefore got a ccj in default which am now trying to set aside.

 

My question is can i use PPI and unfair charges at this stage, on form N244. Would that be enough evidence to set aside. Thanks again

.

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I'm afraid the reasons you have in mind are ones which you could have used to contest the claim beforehand but not to set it aside afterwards.

 

Do you not have any valid reasons for having ignored the claim?

 

If not, the most you can do is to challenge the payment instalment amounts.

If appropriate we can advise you how to go about this.

 

But you can't simply now raise arguments which should have been raised to fight the CCJ when the claim form was issued.

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did you get that sar off to the original creditor

 

and how old is this CCJ?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I haven't got the SAR yet, a

m just in the processe of applying for it.

 

And the CCJ is a couple of weeks old.

 

Oleg,

i don't think i've got any valid reasons for ignoring the claim form, apart from being a coward. But

 

i've learnt my lesson and will act different with other CRA.

 

Ive got another two chasing me although their demands are peanuts compared to the amount on CCJ.

 

Is it possible at all to get the installments lowered if i challenge,

i was ordered to pay less than 1% of total debt in monthly installments

and it will take me more than 13 years to clear the debt.

 

Am open to ideas on how to bring the amount down if its doable. Thanks in advance

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N244

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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1%/month provides no joy to a greedy creditor so sometimes they will eventually agree to a f&f,

but let's not count on this just yet.

 

N244 is most pressing concern.

 

Who obtained the CCJ?

 

Most likely they will be familiar to us and you'll find other threads worth reading to get an idea of how they behave after a CCJ.

 

Have you started threads for your "peanuts"?

 

It's worth doing, one thread per debt.

 

State creditor and type of debt in title to increase attention.

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  • 2 weeks later...

Hello,

 

I applied to the court to have a recent CCJ set aside and

 

they have now given me a hearing date which is in a few days.

 

My reasons for the set aside was PPI and unfair charges.

 

I did a SAR with the original creditor last week,

 

in an attempt to gather information on charges and PPI and

 

i don't think i will have their reply for the hearing.

 

And i understand they have 40 days to reply.

 

My question is,

 

what do i say to the court now.

 

Should i inform them that am waiting to hear back from my original creditors?

 

Can they accept this and postpone the hearing.

 

The debt is now with a DCA and am wondering if i should send them a SAR as well.

Any advice on what to do next is very much appreciated.

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Three threads merged on the same issue and now in the Legal forum.

 

In my opinion your set aside application will fail because you ignored the initial court paperwork.

 

I think oleg alluded to this in an earlier post.

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Hi ims21,

Did i post in the wrong forum. Ive seen that my threads have been merged but first thread is now irrelevant as my situation has changed and am now looking for advice on court hearing. Should i be posting in another forum? Thanks for your time.

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No just leave it all here so that the history is complete and in one place

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Hi, I have a court hearing coming up and its for a set aside application.

I post about this problem recently but the responses stopped.

 

I have a ccj in default that i have asked the court to review(on N244) due to unfair charges and PPI.

They accepted and have set a date for the hearing but i dont think i will have my evidence ready as hearing is in a few days.

 

I made a SAR to the original creditor but i dont think they will reply in time for the hearing and this is the evidence that i need to defend myself in court.

 

Just wondering if anyone can advise on my situation and if i can apply for the hearing date to be changed.

 

Thank you in advance.

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Four threads merged on the same matter...please do not start multiple threads for the same problem.

 

Regards

 

Andy

We could do with some help from you.

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  • 4 years later...

Hi.

I recevied a letter today regarding a CCJ i managed to set aside in 2014 and It looks like Lowell has now applied for attachment of earnings.

 

My reasons to set aside was PPI and unfair fair charges which i remember the judge saying they had to calculate and provide the information.

It was just me and her in the court room but I assume she informed them of this.

 

My question is, can they just request for an attachment of earnings even if the ccj was set aside?

 

Thanks for reading

Edited by dx100uk
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