Backdoor Lowell CCJ - old very cat debt at Old Address 11 years ago!

[chimp123]

I have today checked my credit file and I have a CCJ from Lowell Finance at an address I haven't lived at for more than 11 years. 

Lowell have chased me for this debt and another one at my current address. 

Surely this is illegal but I have read of course it isn't! 

 

I have had court cases with Lowell and won on two occasions so this is a cheeky tactic. 

 

I want to get this judgement set aside as I had no idea about it

to defend it (still fuming),

no chance to defend case etc,

no paperwork about the debt to prove it is mine etc. 

 

What is the best way to go about? 

I am just contact the court now via phone to get more details. 

It is annoying I have to pay a fee but it is what it is! 

 

Should I contact Lowell as well via letter? 

 

Just to add default on file is august 2018 so it won't be defaulted.  I believe it is for a very account

 

Any advice would be great.

 

Thanks

[dx100uk]

So thru previous court claims you can prove Lowell knew your correct address prior to issuing this claim?

[chimp123]

Yes I can prove from a previous claim and chase letters that lowell knew my correct address.  Also from another debt they are chasing

 

All my credit file which they have search has my correct address on the electrol role, another debt they have defaulted me for and that link address I moved out of the one they got the ccj for 11 years ago! 

 

[dx100uk]

Lowell didn't default you, the OC did upon sale or previous to them.

 

right i'll ask again..

 

have you successfully defended a claim from your current address prior to the issuance of this backdoor ccj and the issuance of its claimform?

[chimp123]

ive defended another claim with lowell at this address.  But I havent defended this CCJ, noticed it when looking at credit file

 

 

Edited September 12, 2019 by chimp123

[dx100uk]

but this ccj was attained after the one you defended yes?

so what does that tell you..

[chimp123]

hey dx yes tells me they are very naughty!

So what would the best form of action be?

I'm going to write and pay for the set aside today and send off to courts. 

[dx100uk]

ring lowells solicitors

catch them on the hop

 

tell them you want them to set aside the CCJ you've just found FOC to you as they already knew your correct address from the previous case.

they purposefully attained it using an old address.

[chimp123]

Thanks DX, called them as mentioned and told them the above! 

Seems like an advisor kept shirking my question about using an old address. 

 

Would you say best course of action is to write a letter to them recorded? 

I have emailed as well but not reply as of yet. 

Thanks in advance for any advice

 

[dx100uk]

no question needs to be asked by you...

simply demand Lowell solicitors [who you should be speaking too NOT Lowell general number...]

set it aside free of charge to you as the KNEW your old address from the previous claim correspondence 

 

 

 

[chimp123]

This is the reply from Lowell Sol, how should I base my reply?

 

Client Name: Lowell Portfolio I Ltd

Our Reference:                        

Balance: £3,176.09                               

 

Thank you for your recent email.

 

Please be advised that your telephone call dated 12 September 2019 was the first correspondence we received from you regarding the account. As there were links to your credit file at address and this was your last known address we issued the Claim form on 15 May 2019. Please note that It is your responsibility to update all creditors of any change to your address, this is to ensure correspondence has been sent correctly. Our client’s position is that the Claim was served to your last known address as per the Civil Procedure Rules, therefore the Judgment is regular and should stand.

 

We have raised your request for a Subject Access Request with the relevant department, they will collate the documentation requested and provide this to you in due course.

 

We note that you may be making an application to set the Judgment aside, if an application is made we will review any documentation received and respond accordingly.

 

Please contact us with your intentions regarding the above matter by return, failure to do so may result in one of the following forms of enforcement action being taken against you, incurring further costs to the account balance:

 

-          Warrant of Control: A County Court Bailiff will visit you at home to discuss payment of the outstanding balance.

-          Attachment of Earnings: Your employer being ordered to deduct payment from your wages.

-          Charging Order: If you own your home, securing a Charge against it so that payment of the debt will be deducted directly from the proceeds.

 

If you are experiencing financial difficulties, you may wish to seek free and impartial advice from StepChange Debt Charity on 0800 138 1111 or visit www.stepchange.org.uk

 

If you wish to speak with a member of our team, please telephone us between 8:00am and 8:00pm Monday to Friday or between 8:00am and 2:00pm Saturday on 0113 335 3334. Alternatively, you can now view your transaction history, use our helpful Budget Calculator and make payments including setting up a Direct Debit plan by registering online at www.lowellsolicitors.co.uk

 

Yours sincerely

 

Lowell Solicitors                     

Darwin House 7 Savannah Way Leeds Valley Park West Leeds LS10 1AB

Lowell Solicitors does not accept service of any documents by email or fax

[dx100uk]

As I have had 2 previous court cases with you [ case numbers xxx dates xxx] and won on both occasions , you already clearly knew my correct address.

you purposefully filled claim xxx date xxx to an old address you say you gained from my credit file I have not lived at for 11yrs!!

 

why if I have has 2 court cases against you and won, and my credit file shows my current address , did you purposefully use on from 11 yrs ago??

 

I demand you setaside CCJ number xxxx at no cost to myself within 14 days.

 

 

[chimp123]

legend DX. 

Would they actually set it aside though? 

 

Have you heard of the company doing that before as I have been looking through a lot of different forums across the web and not come across it. 

 

Only read of people like me doing it and in most cases winning!

 

[dx100uk]

we've certainly seen this happen successfully here yes with various DCA's, but cant remember if lowells are ones that have done it too

what was the debt?

 

[chimp123]

Thanks DX,

sent the email as you put above and copied in details of previous court cases/correspondence with them. 

It was for an unpaid very Catalogue

[chimp123]

Just had a reply from lowell

 

Thank you for your recent email.

 

When the account was allocated to Lowell Solicitors we obtained the address form our client.

 

As we received no correspondence until your telephone call on 12 September 2019 we had to rely on the information we were advised by our client in good faith.

 

We note your comments regarding setting aside the Judgment, this would be dealt with through the Courts, should you wish to seek any further advice on this matter. Please keep us updated regarding any correspondence from the Court.

 

As you mentioned, a County Court Judgment (CCJ) was entered against you for £100.00 to be paid monthly. You are currently in arrears of £300.00

 

As this account is now subject to a CCJ you may wish to seek independent legal advice.

 

You are required to make payments in accordance with the CCJ.

 

Please make contact in regards to your intentions towards your account.

 

Our Client would prefer to avoid further action at this stage because such action could increase the outstanding balance through the addition of enforcement related fees. However, if the account is not brought up to date and you fail to contact us to resolve the outstanding balance, our Client will consider enforcement action which, dependent on the outstanding balance, could include one of the following:

 

·         Warrant of Control: A County Court Bailiff will visit you at home to discuss payment of the outstanding balance.

 

·         Attachment of Earnings: Your employer being ordered to deduct payment from your wages.

 

·         Charging Order: If you own your home, securing a Charge against it so that payment of the debt will be deducted directly from the proceeds.

 

If you are experiencing financial difficulties, you may wish to seek free and impartial advice from StepChange Debt Charity on 0800 138 1111 or visit www.stepchange.org.uk.

 

If you wish to speak with a member of our team, please telephone us between 8:00am and 8:00pm Monday to Friday or between 8:00am and 2:00pm Saturday on 0113 335 3334. Alternatively, you can now register online at www.lowellsolicitors.co.uk to view your transaction history, use our helpful Budget Calculator and make payments including setting up a Direct Debit plan.

 

Yours sincerely,

 

Lowell Solicitors

Darwin House 7 Savannah Way Leeds Valley Park West Leeds LS10 1AB

Looks like I have to do the set aside myself which is no problem at all, any help filling one in would be great

 

[chimp123]

Looks like I have to do the set aside myself which is no problem at all, any help filling one in would be great?! 

Also in replying to lowell seems im just getting a standard response we have a ccj on you go away

 

[dx100uk]

type in set aside in our search

lots of threads here

 

i'm really surprised that following two previous court claims

they blatantly say they can ignore those and legally file to an old address

whereby they know your correct address from previous COURT DOCUMENTS.

blimey.

 

dx

 

[AndyOrch]

You have proof that they have your current address....Copies of the previous claims ? 

Have you a basis for  defence ?

 

Andy

[chimp123]

hello yes I actually sent them copies of past claims from a court case and also another outstanding debt that they have passed to resolve call. which I believe is just another lowell company? not started defence as of yet I've seen some templates etc I'll post up

 

I actually received an email today from resolve call acting on behalf of lowell and they have my current address on system.

shocked and annoyed I have to pay to get it set aside but something I am willing to do as this is very naughty tactic. 

[dx100uk]

resolvecall were scotcall, just a powerless DCA not part of lowells, that threaten powerless DCA at your door.

 

[chimp123]

they have offered 60% off resolve call on another debt which I'm tempted to take so it says partially settled on my credit file.

do you think I should try and get more off?

 

reason I want it settled is to improve my credit file. partially settled better than showing default all the time. 

[dx100uk]

resets the 6yrs clock.

wont improve your score

probably make it worse

start a new topic on this other debt please

[chimp123]

ok no problem thanks

 

[chimp123]

latest email from lowell, 

 

Thank you for your recent email.

 

As previously stated we obtained the address form our client and  we had to rely on the information we were advised by our client in good faith. It is your responsibility to ensure that all your creditors are updated with your current address.

 

Once we receive your documents we will take action and respond appropriately.

 

Please note your Subject Access Request (SAR) will be process and provided to you in due course.

 

Our client would prefer to avoid further action at this stage because such action could increase the outstanding balance through the addition of enforcement related fees. However, if the account is not brought up to date and you fail to contact us to resolve the outstanding balance, our Client will consider enforcement action which, dependent on the outstanding balance, could include one of the following:

 

·         Warrant of Control: A County Court Bailiff will visit you at home to discuss payment of the outstanding balance.

 

·         Attachment of Earnings: Your employer being ordered to deduct payment from your wages.

 

·         Charging Order: If you own your home, securing a Charge against it so that payment of the debt will be deducted directly from the proceeds.

 

If you are experiencing financial difficulties, you may wish to seek free and impartial advice from StepChange Debt Charity on 0800 138 1111 or visit www.stepchange.org.uk

 

If you wish to speak with a member of our team, please telephone us between 8:00am and 8:00pm Monday to Friday or between 8:00am and 2:00pm Saturday on 0113 335 3334. Alternatively, you can now register online at www.lowellsolicitors.co.uk to view your transaction history, use our helpful Budget Calculator and make payments including setting up a Direct Debit plan.

 

Yours sincerely

 

Lowell Solicitors

I will be filling in the set aside documents over the next two days and will post them just to see if you think I have done it correctly

 

I will be filling in the set aside documents over the next two days and will post them just to see if you think I have done it correctly