Backdoor Lowell CCJ OH's Vanquis card - lowell want pers medical + my income

[vickiejane]

Hello,

 

I was hoping somebody may be able to offer advice.

 

My partner received a letter out of the blue from Lowell Solicitors stating that they were applying for a warrant of control for non payment of CCJ from 2017 (news to us) my partner went online and checked his credit file and sure enough there is a CCJ there from 2017.

 

My partner then contacted Lowell to explain that he is currently being treated for depression and has not worked since 2014 and he receives carer allowance for caring for our daughter whom has additional needs.

 

Lowell said they would send a letter as the payment plan should be £50 per month. We received the letter and they are requesting income and expenditure including mine!

 

The debt has nothing to do with me, do we have to supply that information?

They also asked for a letter from his GP to confirm illness.

Our GP charges for such letters and it’s rather embarrassing having to request one.

Would a copy of his prescription suffice?

 

Also can anyone clarify, do we need to disclose our daughters disability allowance as income? After all this is her money that is used for activities, travel and crafts ect.

 

I don’t know if it makes a difference but the initial debt was with Vanquis (credit card) which Lowell purchased.

 

I would be great full of advice on the best way to deal with this and any draft letters anyone may be able to help with.

 

Thank you in advance

 

[BankFodder]

Someone with better experience will be along soon. However in the meantime, get hold of the County Court and ask them to email you all the records they have – claim, judgement et cetera.

Tell us as much as you can now about the debt.
Send an SAR to Vanquis
Please fill this out <<<<<<<<

[fkofilee]

No you do not have to include your I+E if it is your partners debt. 

 

[vickiejane]

3 minutes ago, fkofilee said:

No you do not have to include your I+E if it is your partners debt. 

 

Hi, 

Thank you for your response, would not supplying this information then hinder his chances at a suitable payment arrangement? When completing the I&E surely Lowell would comment on the fact that the household outgoings are more than his careers allowance? 

How would be best to proceed with the I &E in this case? 

[vickiejane]

49 minutes ago, BankFodder said:

Someone with better experience will be along soon. However in the meantime, get hold of the County Court and ask them to email you all the records they have – claim, judgement et cetera.

Tell us as much as you can now about the debt.
Send an SAR to Vanquis
Please fill this out <<<<<<<<

Thank you for your reply, I will work on what you have suggested. As the debt has already been bought by Lowell and a CCJ issued back in 2017 what would I be looking for in regard to the SAR to Vanquis? Sorry if I sound dim it’s all new to me

[ploddertom]

If he is going to have to pay then best to get in first and submit Form N245 to the Court where his disposable income - if any - and could end up offering £5 per month to them. They well may object but the Court will have the final say whether they like it or not and as long as payments are made on time - they can of course apply every 6 months or so to increase it but if things haven't changed then tough on them. The Form can be dowloaded and would probably assume he would qualify to have the application fee waived - see Form EX160 for this. The Court Form has a simple I&E that must be filled out.

 

Forgot to mention if they have applied for a Warrant then the N245 is a dual purpose form that allows you to apply to suspend the Warrant.

[BankFodder]

5 minutes ago, vickiejane said:

Thank you for your reply, I will work on what you have suggested. As the debt has already been bought by Lowell and a CCJ issued back in 2017 what would I be looking for in regard to the SAR to Vanquis? Sorry if I sound dim it’s all new to me

just get all the information you can. You have no idea what might be revealed in terms of the enforceability of the debt, PPI payments, et cetera. An SAR is free of charge. Just do it

[vickiejane]

15 minutes ago, ploddertom said:

If he is going to have to pay then best to get in first and submit Form N245 to the Court where his disposable income - if any - and could end up offering £5 per month to them. They well may object but the Court will have the final say whether they like it or not and as long as payments are made on time - they can of course apply every 6 months or so to increase it but if things haven't changed then tough on them. The Form can be dowloaded and would probably assume he would qualify to have the application fee waived - see Form EX160 for this. The Court Form has a simple I&E that must be filled out.

 

Forgot to mention if they have applied for a Warrant then the N245 is a dual purpose form that allows you to apply to suspend the Warrant.

Thanks very much he shall complete this form ASAP. The letter from Lowell said they were going to apply for a warrant but I believe that was suspending pending him completing the forms they sent him. Shall he just tick suspend warrant box any way just in case?

[ploddertom]

before you submit then please do as Bankfodder says as you never know it could be Statute Barred and where did all the documentation go to - an old address perhaps?

[dx100uk]

re titled for clarity and moved to the legal forum

 

as advised give northants bulk a ring on Monday and ask for a copy of the claimform and the judgement by email pdf.

 

as for doing anything else, I suspect your OH has moved since taking this debt out and did not inform his creditors, so everything went to an old address?

funny how the now find the correct one isn't it?

 

do you know when he took this card out?

[London1971]

Great advice above,

 

Do send a GP/ consultants note.  I always find a list of medications and side effects work too, if the doctor can put them in the letter.  Together with your husbands i&E Lowell won't ask for 50 per month, that's just their standard amount.

 

The Taking control of goods letter and the 50ppm is just their standard letter.

 

Source : I have a CCJ from Lowells Solicitors