Backdoor Lowell CCJ - old Morses Club Doorstep loan

[iempire]

Lowell/CCJ

Long story short, I have been working in my debts the last few months as I'm looking at getting a mortgage this year.

Alas my main issue is an old CCJ that I found from Lowell, it was for what I assume can be described as a doorstep loan.

The date the CCJ is registered is from a period of time when I was working away on the other side of the country.

However even on returning home I can hand on heart say i never saw any paperwork from the court (I may have seen it but I'm 99.9% sure I didn't.

I emailed Lowell last year to ask if they would agree to a mutual set aside and was given the template answer of they had followed the correct procedure to file it etc.

The only other thing maybe of worth adding is that the default on my file and the CCJ are for different amounts (please see attached pictures)

So I guess I'm asking if I have any options of getting it set aside?

I can afford the payment in one but wanted to check if I have options to have it set aside rather than just having it as satisfied on my file for another 4/5 years

[unclebulgaria67]

Lowell won't agree to set it aside, even if you paid it in full. Unless you proved that you never owed the original debt or there was a major issue with it, so the default should not have been applied.

You can contact the County Court to obtain copies of the court claim that waa submitted by Lowell. It will be through the Northampton bulk centre who deal with the claims made online.

If you know which company the debt was with originally e.g. Loan provider, then contact them with a GDPR subject access request (SAR). The SAR should provide you with everything including statements, but do ask for everything you want to see e.g. Statements, signed application form, CCA, any default notice issued.

[iempire]

Thanks, I owe the money, no issue with that, I will SAR the company. 

If I need to just pay it and have the CCJ for a few years so be it. 

Just thought I'd explore all options

[London1971]

If the CCJ is more than 2 or 3 years old , it won't make a difference if it's paid or not when it comes to obtaining a mortgage.  If you have more than 25% deposit for a house, then it will have zero impact. 

 

How old is the CCJ?

[iempire]

2018

[dx100uk]

contact northant bulk monday

ask for a copy of the claimform AND the judgement CCJ by email pdf.

 

then we'll move you forward.

 

oh throw the morality card out the window!!

you don't owe the money...if you did why didn't the OC take you to court and crush you??

think about it?

why sell it on for 15p=£1??

 

was this your only doorstep loan?

 

[iempire]

It was morses and one and only time.

 

Just could've done with getting rid of the CCJ

 

I will contact the court on Monday and ask for all the paperwork

 

 

Thanks 

[dx100uk]

yep then when you get the info we'll move fwd

 

lowells purchased lots of these old Morses club loans in 2009, but im not sure of more recent ones?

 

can you remember when you took this loan out?

and poss last payment date? 

[iempire]

today I have received the following from the court.

 

I'm a bit confused as the date on the CCJ is from February 2018 and at the address I currently reside at. However I didn't move into my current address until November 2018

 

 

 

 

 

The CCJ on my credit file has my previous address though so I'm somewhat confused 

[dx100uk]

quite usual for a backdoor CCJ

the claimant quite legally uses your old address until requesting default judgement

then magically finds your correct address...sneaky eh?

 

750'000 speculative claims are issued each year

85% go undefended mostly because they were served to an old address as the debtor ran away from debt and failed to update creditors of a move.

 

wheres the claimform? we need the POC from it and the address on it

[iempire]

This is what was said in the email and the above form was attached to the email 

(Obviously I have erased the sensitive information) 

 

Good Afternoon,

Thank you for your enquiry.

 

Please see your case details below as requested.

 

Claimant: LOWELL PORTFOLIO I LTD

Claimant solicitor: LOWELL SOLICITORS LIMITED

Telephone: 0113 3353339

Reference: 

 

Judgment amount: 

Judgment status: Balance Outstanding

 

Particulars of claim:

1) THE DEFENDANT ENTERED INTO AN AGREEMENT FOR A MORSES ACCOUNT UNDER REFERENCE  ('THE AGREEMENT').

 

2) THE DEFENDANT FAILED TO MAINTAIN THE REQUIRED PAYMENTS AND THE AGREEMENT WAS TERMINATED.

 

3) THE AGREEMENT WAS LATER ASSIGNED TO THE CLAIMANT ON 2016 BY MORSES CLUB PLC AND NOTICE GIVEN TO THE DEFENDANT.

 

4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF REMAINS DUE AND OUTSTANDING.

 

AND THE CLAIMANT CLAIMS

A) THE SAID SUM OF

B) INTEREST PURSUANT TO S69 COUNT COURTS ACT 1984 AT THE RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT TO THE DATE OF ISSUE, ACCRUING AT A DAILY RATE OF £0.045, BUT LIMITED TO ONE YEAR, BEING £16.40 C) COSTS

 

What do I do if I want to pay the judgment now?

 

All payments towards the Judgment should be sent direct to the claimant’s solicitors, or if they have no solicitors, directly to the claimant. The court does not accept payments.

 

If you do choose to pay this judgment or have already paid but the claimant hasn’t confirmed this online, you will need to forward the court a letter from the claimant or their solicitors stating that the judgment has been paid in full and the date of final payment. Please note that this letter must include the case / claim number.

 

Judgments paid within one month of the date of judgment will be marked as cancelled and removed from your credit history. Any judgments paid after the first month will be marked as satisfied, but remain on your credit report for six years from the date Judgment was entered.

After you have paid the Judgment, you can apply for a certificate of satisfaction or cancellation, a court sealed document confirming the amended status of the judgment. Please send a cheque or postal order for £15.00, made payable to HMCTS, along with the proof of payment from the claimant solicitors, or the claimant if they do not have a solicitor.

 

What do I do if I want to vary the judgment?

 

If you are unable to pay your Judgment you can apply to pay by instalments using the 'Application for variation of an order’ form (N245). There is a £50.00 court fee to process the application.

 

Can I appeal against the judgment?

 

If you think that a judgment has been entered against you incorrectly and you would like to remove it you can apply to set the judgment aside using the 'Application Notice' (N244). There is a £255.00 court fee to process the application.

 

Please note, an application to set the Judgment aside is not automatically granted. The outcome of your application is at the discretion of a Deputy District Judge (DDJ) or a court appointed Legal Advisor (LA).

 

How to apply:

 

Please note all forms can be downloaded from the Court Form Finder at www.justice.gov.uk/forms or provided via post on request.

 

Please read the guidance notes thoroughly before sending an application to the court as incorrectly completed applications will be returned to you.

 

You can pay for the fees of applications by sending a cheque or postal order made payable to HMCTS. Alternatively, payment can be made by debit/credit card by contacting the CCBC Helpdesk on 0300 123 1056 between 9.30 - 3.30, Monday - Friday.

 

What if I cannot afford the applications?

 

If you cannot afford to pay the fee for the application, you can check if you are eligible for help with court fees by referring to the EX321 Help with fees form and EX160A Help with fees guidance, which can be downloaded at www.justice.gov.uk/forms or provided on request.

 

You can also apply for 'Help with Fees' online. To do this you will firstly need to log into https://www.gov.uk/get-help-with-court-fees You will then need to follow the on-screen instructions inputting your name, address, NI number, etc. Once you have completed the online form you will be given an 'HwF' reference number, you will need to clearly note this on your application form(s). Please note that the online process will only generate an 'HwF' reference number and will not tell you if you are eligible for Help with Fees.

 

If you require any further information please do not hesitate to contact our helpdesk on the number below. Alternatively, you can email [email protected]; please ensure that you state the case number in the subject heading of your email.

 

 

Regards,

 

Kayleigh Frances

Administration Officer

County Court Business Centre | HMCTS | St Katharine’s House | 21-27 St Katharine’s Street | Northampton | NN1 2LH

 

MCOL: 0300 123 1057  |  CCBC: 0300 123 1056 

 

Here is how HMCTS uses your personal data

 

Protect the environment - do you really need to print this email?

 

"I am not authorised to bind the Ministry of Justice contractually, nor to make representations or other statements which may bind the Ministry of Justice in any way via electronic means"

 

From: 
Sent: March 2020 
To: CCBC <[email protected]>
Subject:

 

Please can i request the paperwork, claim form and all other relevant documents for the below case

 

Regards

 

Case Id

 

---

This e-mail and any attachments is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail. Internet e-mail is not a secure medium. Any reply to this message could be intercepted and read by someone else. Please bear that in mind when deciding whether to send material in response to this message by e-mail. This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. Monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents.

 

 

[dx100uk]

email back and ask for the address the claimform was served to

 

thanks for the full email

it further helps us in what to specifically ask for by email.

[iempire]

I have done so.

 

Should I not pay this off at the minute then?

[dx100uk]

god no

nothing anyone can really do to you..

 

when you took this out was your credit file shot?

and this was the only way to get the money?

expand on the history.

dx

 

 

[iempire]

Credit file was on its arse. (Slowly rebuilding it) and I was in a pickle so needs must.

 

I'm wanting to get a mortgage as I'm financially stable now and have been paying off newest defaults etc and working backwards to a point where the older ones I'm happy to leave for a year or so for them to fall off at the 6 year mark.

 

I have had one default removed via complaint from advice from yourself and others on here which I'm extremely grateful for

[dx100uk]

paying debts does not remove the default.

hope you've CCa 'd all the debts you are blindly paying...

 

if your credit file was shot you need to start an irresponsible lending complaint with

 

Morses Club, Kingston House,
Centre 27 Business Park,
Woodhead Road,
Birstall, Batley
WF17 9TD

 

 

 

[iempire]

I have sent CCA away and I am aware paying a default doesn't remove it.

It was a late payment account I paid off, sorry for the ambiguity.

 

I will make a complaint but my main issue is getting this CCJ off my file ASAP

 

[dx100uk]

2 hours ago, iempire said:

I have sent CCA away and I am aware paying a default doesn't remove it. - then why are you paying it? wont help your mortgage application whilst default shows.

 

It was a Kate payment account I payed off, sorry for the ambiguity. - what is a kate payment account?

 

I will make a complaint but my main issue is getting this CCJ off my file ASAP

 

 

you will need a reason to set aside the CCJ - incorrect address might work.

you also will need a defence for the claim/debt - that's what the IRL complaint is for, if that is successful, then no debt = no CCJ.

[iempire]

Ok thanks DX 

[iempire]

I have had a brief look through my banking app and can see at the time I took the loan I had a lot of unpaid direct debit letters for utilities etc 

[dx100uk]

go look at your credit file too

are there debts with a defaulted date that is pre loan take out date too that are still showing?

those will be excellent irl evidence.

 

dx

 

[iempire]

I have just had a look, bare with me as I try to make this legible

 

Morses Loan was taken out Oct 15

 

Prior to this on my file I have -

 

Advance Payment Solutions Nov 13 (defaulted before morses Loan)

Loans2go (secures against car) Octo 14 (defaulted before morses Loan)

Active Securities 2 X sept 15 - one paid off in time and one defaulted after I took morses Loan) 

Active Securities July 15 paid off in time 

Mr Lender July 15 paid on time Sept 2015 (defaulted after morses Loan)

Glo July 2015 (Defaulted after morses Loan)

 

Evidently I was in a bad financial place and pretty desperate which I have berated myself for over the poor decisions I made)

 

I have sent a template irresponsible lending complaint to all of the above and for the majority I have received a standard acknowlegment and we will respond etc etc response 

 

My main priority is obviously the CCJ and the default it has with it too as that's battered my credit score, the majority of the other defaults aren't far from the 6 year expiration 

[dx100uk]

and did morses ever get an IRL complaint when you sent the others off?

 

dx

 

[iempire]

Sorry, just to clarify, I sent all the irresponsible lending complaints off last night in bulk to all of the above as I wasn't aware of such a thing prior to your mentioning of it DX

 

 

[dx100uk]

the default was registered by the OC upon sale and if it was a true reflection of how you operated the account it wont be removed.

however, the result of the IRL complaint could be interesting and poss have an effect upon that being there and the whole issue of the CCJ Lowell attained.

 

what I've yet to fully understand is how the notice of judgement is dated feb 2018 for your current address

but you didn't move to that address until nov 2018.

somethings not right here as you pointed out earlier.

 

dx