Backdoor Lowell CCJ - old Barclaycard debt - i moved abroad and didn't tell..Anyone got a CCJ removed?

[Stevie_g70 0]

Hi everyone,

 

First time poster - just found this great resource!  Just looking for a bit of help and advice really.

 

My situation is as follows: 

I moved from UK to UAE back in 2016. I thought I had cleared everything up before I left, but there's always something to come and bite you. I have an unpaid debt for a credit card, totalling just over £800. In May 2019 the company got a CCJ against me for the unpaid debt. I returned to the UK in June last year, and moved into rented accommodation - nothing was said at the time about a CCJ against me from the rental company. 

 

Now. a year later, and I am looking to move from my current accommodation (moving from city to country) and I was told about a week ago that I couldn't rent the house I wanted because of the CCJ.  This is the first time I was aware of its presence.  In the last year, it hasn't stopped me renting my first house, getting a new credit card, or leasing a new car, and I have never been as much as a day late with my rent.

 

From what I have read so far, I have grounds to ask for the CCJ to be removed in that

a) I was out of the country

b)never received any sort of notice of this and

c) had no chance to enter a defence against the CCJ.

 

I don't dispute the debt, and am able to pay it in full - but if I do so the CCJ will still remain on my file and be seen by other prospective landlords, so I really need to get it removed.

 

Does anyone know if this is possible?

 

Thanks all,

Steve

 

 

[dx100uk 9,779]

do you know the claimant and the details that are in the particulars of claim?

when did you take the card out?

and when did you last pay/use the card?

 

[Stevie_g70 0]

Hi, thanks for the reply.

 

yes, I know the details from the Registry Trust and my credit file (now I’ve checked it!). Can’t remember when I took the card out, but it was last used end of 2015/ start 2016 ( I moved out of UK March 2016)

[dx100uk 9,779]

well tell us then.

 

[Stevie_g70 0]

Sorry!  I'm new to this!

 

The card was a Barclaycard, but the debt has been taken over by Lowell Financial.  The CCJ was issued in May 2019, 3 years after I had left the country.  Not sure what other details you require, but this is pretty much all I know right now.

 

As I say, I don't really have an issue with the debt, I can sort that, but its the CCJ that is having such a detrimental effect, so I'd just like to know if others have had any joy in getting them quashed, and if so, on what grounds.

 

 

[dx100uk 9,779]

urm.. reasonably rare for lowells to buy an old BC debt. BC enforceable credit agreements are very rarely produced had you the chance to defend this, you most probably would have won.... but sadly that ship has sailed as a method of set aside. the fact a default roboclaim judgement has been granted where no human checks anything trumps that.

 

bottom line there a 2 chances to get the CCJ off your file...neither of which might ever work.

 

1. contact lowells and offer to pay the full amount IF they remove the CCJ from your records pleading that it will destroy your future in many ways. list them etc etc lay it on thick to make them do a goodwill gesture for you.

 

2. contact lowells with proof you were resident abroad at the time of the claim and had no idea this could happen, (though it is allowed sadly..re last known address) and ask if they will set aside the judgement FOC to you to give you the chance to defend the claim ...thus removing the CCJ.

 

3. you could pay £255 and raise an N244 set aside yourself but TBH as it stands i can't see a valid defence for the debt...you ran away..no excuses. unless there was a dispute or something with BC that made you think it's not owed.

 

 

 

 

 

[Peterbard 3,082]

I suppose you could query the Default notice, perhaps if you were having your mail forwarded, you could contend you did not receive one.

 

If you didn't send a DN they shouldn't have enforced. Ask them for a copy and when the Section 87 Default notice was sent.

 

I dont know what the success rate for claiming no DN is these days on a set aside application?

[Stevie_g70 0]

No, mail wasn’t forwarded - this was 3 years after I had left UK, my house had been sold, all accounts closed as far as I knew.  Mail was forwarded for first 6 months, not 3 years.

 

who do I ask for the S.87 notice, the court or the creditor? 

[dx100uk 9,779]

paperwork wriggles sailed upon default judgement.

[Peterbard 3,082]

Dx would know, this. Once they were an easy win.  

 

The procedure would be to ask the creditor for a a copy of the Default notice and a notice of assignment, they would have had to be send both before selling the debt, or do a request under GDMPR  and see what turns turns up.

 

Fuel for a set-aside application.

[dx100uk 9,779]

not for a set aside application.

the default ccj is enforcement , no one now needs to prove they had anything enforceable by way of paperwork now.

[Peterbard 3,082]

On pre 2007 agreements?