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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


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Please will you address my questions

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So I understand that Lowell received payment before the end of 30 days.  - Yes
Lowell failed to inform the court - They informed the court that debt/judgement has been satisfied - but not specifically within the 30 day period
the court will withdraw the judgement from the register if they receive the information from Lowell. - Yes they need this
Lowell is not providing the required information even though they have been asked several times. - Yes



How long since you've been asking Lowell?  Last time was May

When was the judgement registered?  -  4th Feb

What impact has this had on you in terms of actual losses or distress since the judgement was registered?

My lines of credit have dried up so have problems paying utility bills. credit score gone from 68% (good) to 5% (very poor)

 

 

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Thank you.

It seems to me that Lowell have got a duty under the data protection legislation to process your data accurately and fairly and they're not doing this.

It also seems to me that you have suffered damage as a result of this. I'm not sure how we will quantify the money lost – but certainly it must have caused distress and it could be worth up to £200.

So the question really is would you like to put pressure on Lowell by threatening and then bringing a legal action. I can imagine that even the threat of legal action – a letter of claim may move them – but I would be surprised if they would even go to court if you made a claim for a modest amount. And if they did go to court then frankly I think your chances of success are better than 90%.

Would you be interested in bringing a small claim in the County Court for a modest sum of compensation – say, £200?

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Is this the only black mark on your credit file?
In other words would you be able to say, hand on heart, that were it not for this judgement, you would not suffer these difficulties

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  • dx100uk changed the title to 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

I'm terribly sorry but I'm asking you questions and you aren't answering them so then I have to come back and ask you again.
Not exactly what I like doing on a Sunday evening

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15 minutes ago, BankFodder said:

Thank you.

It seems to me that Lowell have got a duty under the data protection legislation to process your data accurately and fairly and they're not doing this.

It also seems to me that you have suffered damage as a result of this. I'm not sure how we will quantify the money lost – but certainly it must have caused distress and it could be worth up to £200.

So the question really is would you like to put pressure on Lowell by threatening and then bringing a legal action. I can imagine that even the threat of legal action – a letter of claim may move them – but I would be surprised if they would even go to court if you made a claim for a modest amount. And if they did go to court then frankly I think your chances of success are better than 90%.

Would you be interested in bringing a small claim in the County Court for a modest sum of compensation – say, £200?

 

 

So I'm asking this question again.

 

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Is this the only black mark on your credit file? - So I had a good credit score before this (68% (good) ) which I have copy off. But becuase credit lines have been cut off I have now 2 months 


In other words would you be able to say, hand on heart, that were it not for this judgement, you would not suffer these difficulties

 

In answer to your question

- Yes I would like to pressure them to rectify the situation as soon as possible - . Even once they have informed the courts, there will still be a delay

 

 

The compensation would be invaluable , but to me , speed is more important . the sooner they rectify this the better . The 5% credit rating is catastrophic, let alone the CCJ still being on there

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Okay, I suggest that you send the SARs as I suggested above. Also inform the ICO by way of a formal complaint.

If you are sure that you are prepared to take a legal action then you should send them a letter of claim. Don't bluff. On day 15 you issue the papers.
I can imagine that once they've received your letter of claim that they will probably notify the court quite quickly – however, the breach of statute will already have occurred and the distress will have been caused and so I don't see anything which prevents you continuing bringing the legal action for the compensation.
I can imagine that they will think that as long as they notify the court, that the question of compensation will go away. It's up to you to decide whether you wanted to go away or whether you want to press for it.

I expect that in order to make them take you seriously about the compensation, you will have to issue the court papers. Once that happens, I would be amazed if they don't put their hands up. Apart from anything else, I don't think they can win – but also it will simply be too difficult and too expensive for them to defend.

 

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Quote

Dear Sir/Mdm



Letter of claim – Reference number X X X

on X X X date you obtained a judgement against me for £X X X – claim reference number X X X.

As you know, I settled the judgement debt on X X X date – within the 30 day period and as a result, the judgement should not been registered against me.

In fact, as you well know, you failed to notify the court and as a result the court has registered the judgement because they consider that it is unsatisfied.

I have been in correspondence with you both by email and by telephone several times and you have undertaken to inform the court but despite the fact that we are now four months away from the date that the judgement was issued, you have not done so.

The result is that my credit rating has suffered and this caused me great difficulty and also distress.

The difficulty and distress has been compounded by the fact that we have been in a very difficult national health crisis and so the problems caused by your failure to carry out your duties and to notify the court in good time have exacerbated the problems which I have had in my life coping with bills and other matters which have been negatively impacted by your failure.

I'm sure that you must realise that under the Data Protection Act you are required to process my data fairly and accurately and my view is that by failing to continue the procedure which you started – bringing a legal action against me – you have failed to do that. I'm afraid that your duty does not end simply on the service of the claim papers upon me.
Once you decide to sue somebody, you take on a responsibility that you are obliged to see through to the end.

I'm proposing to see you in the County Court for breach of the Data Protection Act and your failure to process my data accurately and fairly.

I shall be seeing you for £200 to reflect losses and distress suffered.

This is a letter of claim giving you 14 days notice that I shall be bringing the action.
If you want to mitigate your losses then I suggest that you contact the court immediately and notify them that in fact you had received payment before the 30 days had expired and that you had neglected to inform them. You should also require the court to remove any trace of the judgement from the register.

After that I shall be looking on my credit file is to see whether or not the damage you have caused by your statutory breach has been repaired – and if it has not then I may well have to revisit the amount of money which I'm proposing to claim from you.

Please notice that although I expect you to act without any further delay to notify the court, your breach of statutory duty is complete and I do not see any basis upon which I won't be carrying out my intention to issue the papers against you.

 

Finally, and for the avoidance of doubt, I'm not prepared to enter into any without prejudice or confidential correspondence with you. I'm giving you notice now that everything you send me will be at large.
Please do not attempt to bind me unilaterally into any without prejudice or confidential obligations. You should seek my agreement first

Yours faithfully

 

 

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That's okay, I don't need to see all your credit score et cetera. The SAR is simply to get evidence that the information is not received – and any other useful tidbits.

Send the SARs. It's free of charge – and you never know what it might turn up. Send them off on Monday.

In the meanwhile, I have suggested a letter of claim. You can fill in the X X X and also decide if you are happy with it and if it is all correct

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Just send the generic SAR. Why limit it?

Well done on recording your calls. Some people have been here for years and we have to hammer the message home to them – and still, when it counts, they don't record.

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I've just made a slight amendment to the letter of claim – see the last paragraph

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Read through the information on this forum about how to bring a small claim in the County Court. Information is plastered all over the place.

Make sure you understand the steps before you start firing off letters. Make sure that you have a plan. You will be able to have a plan and to understand the steps. It's very easy – but you need to be informed – and all the information is here

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Send the Letter of Claim first, you have to give them time to respond, then if no response in the 30 days, issue Claimform via MCOL, Bankfodder will likely give more guidance.

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Yes - confirm by post.

But read the steps first

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OK I am reading through the county court guide on the CAG sticky –

 

https://www.consumeractiongroup.co.uk/topic/337754-small-claims-actions-in-the-county-court-faq-work-in-progress/

 

My questions:

The sticky has a warning that “Please note that this topic has not had any new posts for the last 2653 days.” – is this still ok to use?

 

Am I reserving my right to increase the sum if they do not action the removal of the CCJ with haste? (in any case £200 is quite low for the amount of cock-up they have created)

 

Will sending the "Letter of Claim" that BF has drafted (above) plus  waiting 30 days - be enough to constitute the “Pre-action Protocol” on my part?

 

Regards

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