Lowell CCJ Issued for 27 year old LLoyd OD debt ***Settled*** help lowells didn't inform the court - now3mts later it's killing my file

[Todd from Toddmorden]

Hi wonder if someone can help

 

I have been out of the country for a few weeks

 

When I came back I found out that a CCJ has been issued against me around 16 days ago

 

The debt itself is from a Lloyds account, when I was a student, about 27 years ago

 

I understand the issue of "Statute Barred" but I cannot recall having had any conversation with the debt collection company within the last 10 or so years.

 

I really dont want my Credit rating to be trashed - it could affect my line of work as well.

 

Many thanks!

 

 

[BankFodder]

This must be a world record. Bravo.

What information do you have about the CC J? Who is the claimant?

You will certainly be able to get it set aside if you haven't had any warning of it. However there will be a set-aside fee.

You better give us all the details

[ericsbrother]

What address was the oroginal summons issued to, your current or an old address?

What was the date of the lba, then the claim  issue and when were you out of the country?

Easy to get the CCJ set aside  and clobber the issuer for your costs with this one as they have to get a lot of things right and on the face of it they havent

[Todd from Toddmorden]

thanks, the summons was issued to my current address

 

Could you tell me what the LBA is please? - is thta from the court or from the soilictior / debt collector (Lowell)

 

Regards

 

Simon

[BankFodder]

Follow the link – letter of claim – and start finding out a bit about dealing with a county court claim and also a set-aside.

Who is the claimant? Is it Lowell?

 

Also, is it in respect of a loan? Or an overdraft?

It will be very helpful if you would volunteer some of the details.

[dx100uk]

is this a CCJ registered on your credit file or a notice of judgement or a claimform.?

[Todd from Toddmorden]

Its from Lowell . They sent me a letter saying that a CCJ was entered against me on the 04th feb.

If I can pay the full sum back in one month it will be removed from my credit file

 

Its on the credit file, I checked, and my credit cards limits have all reduced

 

Thanks

[dx100uk]

so why have you received nothing to date like letter of claim, claimform etc etc??

or is your being away been more than 'a few weeks' more like months?

PAPLOC gives you 30days

then to raise the claim and get a default judgement is usually more than another month.

 

you moved and didn't inform your debt owners?

[Todd from Toddmorden]

I have received letters from Lowell for a long time, but the advice I was given (since the debt was so long ago) was not to get in touch.

 

I have been away for 7 weeks and in that time, this is where the notice of court action has happened

 

 

[BankFodder]

Who gave you this advice?

[Todd from Toddmorden]

I was told about the Statute Barred concept, whereby if I replied in any way to Lowell it would be seen as acknowlegement of the debt

 

Another problem, is that I have very little details on the original debt myself  because it is from so long ago

 

Thank you for your consideration, by the way

[BankFodder]

Yes – but who told you to ignore them? I'm afraid that that was very bad advice. If you had told them that the debt was statute barred then they would have been prevented from bringing any further action.

Please tell us who told you this

[Todd from Toddmorden]

That doesnt sound good. No, thats all the info I got. They mentioned it and showed a web page, and it looks like I didnt investigate more thoroughly on the concept

 

[BankFodder]

Anyway, you better start reading up about how to apply for a set-aside.

If I were you I also I would tell Lowell's that you hadn't received any court papers and you would like copies of everything – and that you will be applying for a set-aside.

Tell them that it would be easier all round if they would simply consent to the set-aside – because you will show the court that you weren't in a position to know of the court action and that if you had done you would have put in a statute barred defence - in addition to the fact that you don't admit to the debt in any event.

You will need a form N244. Download a copy from the County Court's website and we will help you fill in.

Who is it who told you that you should ignore them? I think this is the third time I've asked you

You say "that they mentioned it". Who is they?

[Todd from Toddmorden]

Thank you

 

It wasnt anyone formal, it was a friend who introduced me to the concept that the debts could expire after the 6 year period.  (up til then, I thought that the debt was enforceable for ever)

 

I am going through the paper work now. Is there any kind of onus on Lowell to get the details of the original debt right? Whatr must they specify from the original debt?

 

[BankFodder]

Well you are badly misled. Debts are statute barred – roughly speaking after six years – but that doesn't mean that they can't sue for them. You then have to do bring up the issue that it is statute barred. They are prevented automatically from trying to recover the debt in court.

Because you didn't contact them, they probably thought that they might as well issue the claim because it was an easy kill. – And it was. If you had responded to them and showed that you were a bit feisty or even raised the issue that it was statute barred then the claim would never have been brought against you and in fact because you had told them that it was statute barred they would then be prevented by law from taking any further action.

You should come to us first. Stop listening to your friends.

Start taking the advice I have suggested which is to begin the set-aside procedure – it may cost you as much as about £250 – depending on whether it has to go to a hearing. As I have said, you should contact levels and tell them what you are doing and suggest that they simply agree.

Incidentally, you also haven't answered the question as to what kind of loan it is? Is it alone, or overdraft or what? I'm having to ask you this question again. It's a bit like pulling teeth.

Also what is the value of the claim?

 

[Todd from Toddmorden]

Sorry, I have only just found out about the Consumer Action Group, and its the first time I have somewhere to get solid advice it seems. I wish I had had it earlier

 

The kind of loan was a credit card draw from Lloyds and the Claim value is 8.5k

 

I am going through the set aside procedures now. Because I have until the 3rd March to repay it and have the CCJ removed from the record, I am quite torn as to whether to get a loan against my house and repay like that - in case the set aside didnt work

[BankFodder]

I'm afraid the set-aside procedure will take far longer than that. I suggest that you get onto Lowell's and tell them what you are doing.

Of course if the set-aside application succeeds – and it probably will – then the slate will be wiped clean – but I suppose it is a risk you take.

[brassnecked]

If it was Statute barred, its Statute Barred and telling Lowell it is would not have reset the clock, might be better to pay the Set Aside Fee of £255, tell Lowell you are going for Set Aside, and will be looking to recover it from them, unless they are willing to do it as once Set Aside you will be using Statute barred defence. AS BF says you were badly misled on this by friends. Lowell like an easy hit and rely on people not fighting back.

[Todd from Toddmorden]

Thank you

 

So is the set aside procedure the same regardless of whether it starts within one month of the CCJ being entered?

 

What i mean is, is there an urgency to start it within the first month of the CCJ being entered ? Or is the procedure the same after the CCJ becomes 'unremovable' by the debt repayment?

 

 

[BankFodder]

Well I think that with all of these things, it is better to act with alacrity. I think you need to go to demonstrate that you reacted very quickly – and giving your very long history of apparently ignoring everything – I think that this is particularly the case for you

[brassnecked]

Its better to do it ASAP, then it never gets registered if unpaid it will show, then will have to be removed after a set aside.

[Todd from Toddmorden]

Do I come clean with them and say that I intend to set aside? Wont that make them more determined to dig their heels in?

 

[AndyOrch]

Quote

The kind of loan was a credit card draw from Lloyds and the Claim value is 8.5k

 

A credit Card advance or just general credit card use ?

 

Andy

[dx100uk]

so the only paperwork you have to date is one letter from lowells saying you have a CCJ?

or you've now found the claimform in the 7week of mail you got home too?

 

are you saying that from the date of the court claim

in the 6yrs prior to it you never paid Lloyds or anyone a penny on this debt?