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Overdales sols taking CCJ out on debt which already has lloyds CCJ from 2009


j70han
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Hi all,

 

I was wondering if anyone could advise me.

 

I had a loan with Lloyd's bank, which I defaulted on in 2007/8

 

Lloyd's took a CCJ out against me in 2009. This fell off my credit record in 2015. I did pay Lowell £15 per month against this up until 2017 and I've paid nothing since.   

 

However, Overdales acting for Lowell,  have now sent me a County Court Claim form from the county court business centre showing that they intend to take out another CCJ against me for this debt.

 

I have no details of the original CCJ, as it was in 2009, and so I can't prove I had to one challenge this.  I have read that you can't have two CCJs against the same debt, but can't find anything else. 

 

Any advice on how to defend this second CCJ would really be appreciated. 

 

I have 28 days to responded to the court From 31 Jan 22. 

 

 I'm not sure how it's fair for this to be brought back onto my credit record after such a long time and if this is actually legal.

 

Lloyd's never fully enforced the original CCJ and (from my memory) sold it to Lowel. approx 2009/10

 

Many thanks for any advice or help with this. 

Edited by dx100uk
added A few blank lines only..dx
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  • dx100uk changed the title to Overdales sols taking CCJ out on debt which already has lloyds CCJ from 2009

 complete this please.

 

 

 

Have not got any record like old credit file copy etc of written proof of this old ccj

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you.

 

I'll fully read that tread and post the full reply here ASAP.  

 

I never thought to keep a copy, as it was so long ago. To be honest,  at the time I received the CCJ in 2009, I wasn't opening mail due to the volume of debt and don't think i was really aware of the consequences. Guess I also assumed,  once it was removed from my credit record, that would be it. 

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it will still be but you've got to prove a CCJ existed, then they cant re litigate.

were you ordered by the judge to pay £pcm or after with negotiations with lloyds? then that carried through to lowells.

the tiniest detail from memory re dates etc could be useful.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So we can conclude that payments were made and There can't be any 6yrs gap previous to you stopping to Lowell's in 2017? Re poss statue barring?

 

It might pay you to ring Lloyd s Monday and ask if they have any written record of their ccj. And then poss get an SAR running to them 1st thing Monday.

 

Can you get that questionnaire done please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Which Court have you received the claim from ? County Court Business Centre 4th Floor St Katherines House Northampton N1 2LH

 

Name of the Claimant ? Lowell Portfolio I Ltd, Ellington House Leeds LS10 5GA

 

Date of issue –  01 Feb 2022

 

Particulars of Claim

 

What is the claim for –

Particulars of Claim : - 

 

1.The Claim is for the sum of £8154 due by the defendant under an agreement regulated by the consumer credit act 1974 for a Lloyds banking group account with the reference XXXXXX

 

2.The defendant failed to maintain contractual payments required by the agreement and a default notice was served  under s.87(1) of the consumer credit act 1974 which has not been complied with. 

 

3.The debt was legally assigned to us on 29/08/2018, notice of which has been given to the defendant. 

 

The claim includes statutory interest under s.69 of the county court act 1984 at a rate of 8% per annum from the date of assignment to the date of issues of these proceedings in the sum of £0.00.

 

The claimant claims the sum of £8154.

 

What is the total value of the claim? £8709.01
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I’m not 100% sire here, but having read the guidance, I would say yes.  I have received letters from Lowell and a couple of letter from Overdales about the debt.
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes
 

Did you inform the claimant of your change of address? No

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Loan
 

When did you enter into the original agreement before or after April 2007 ? Yes

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? It was up until approx. Oct 2015
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. The debt purchaser
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

Did you receive a Default Notice from the original creditor? Yes
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes
 

Why did you cease payments? I got into further debt and thought that, as the debt was no longer on my credit file as of Oct 2015.  My last payment of £15 was in July 2017 an communication with them.
 

What was the date of your last payment? July 2017
 

Was there a dispute with the original creditor that remains unresolved? No
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, Lloyds, who ignored it and passed the debt to Lowell.  I entered into £15 per month with Lowell approx. Oct 2011.

 

Claim again.pdf

 

 

I've just gone back through and the last £15 I paid was on 03/07/2017. 

 

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thread tidied.

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............


 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you DX.   I will get that started as advised.   I will also ring Lloyd's tomorrow and then submit SAR if needed and give you an update. 

 

Many thanks for your help here.

 

 

 

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Just be aware, not that there is much evidence that Lloyds themselves do it, but, historically the group has merged, split, re-emerged, and split again so many times since your takeout, you might well get an unwelcome series of runaround to find who now has your data. 

 

There are BIN number online sites that if you take the first 6 digits of your 16 digit card number will tell you the exact type of card it really was and with whom 

 

Via a search engine you could then poss narrow down whom best to ring now that holds your data.

 

13yrs is not out of know bounds for it to still be held. Just get past the wolves at the door that immediately say no no it's outside of 6yrs we don't have it that's a scripted on screen get out ... Push.

 

Carefully explain you are being taken to court and its a very important matter that could prevent a claim of several £1000's being successful against you 

 

All you need is written proof a claim was raised/ccj judgement. 

 

That info could be usefulr

 

 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I've today completed the online gateway and completed both the CCA request to Lowell's and CPR  31:14 to Overdales, will be sending by recorded post tomorrow, as didn't have access to a printer today. 

 

I've also searched through all my old docs and have no details of the Lloyds CCJ etc. 

 

Sadly,  I've not been able to get through to Lloyds and was on hold for over 60mins earlier, had to give up due to work.

 

I'll keep trying and if need be,  send a SAR, but reading up on SAR's, the replay may come outside of the date for defence.   

 

Just one question re PO, is it wiser to send a PO rather than personal cheque or are both equally suitable? 

 

Thanks you for your help. 

 

 

 

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A cheque has your signature which not saying they do but you you wouldn't want them to lift it onto any 'faked' documents..which is why we say use a po 

 

You won't necessarily need concrete proof of old ccj by defence filing date, just a line stating a previous ccj was granted 

 

document exchange is not until witness statement disclosure stage which might not ever happen.

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi DX, 

 

I filed the my "intention to defend all" Monday and posted letters to overdales and Lowell yesterday, by recorded post, along with postal order. Thank you very much for your help and advice on these. 

 

Yesterday I received a text from Lowell chassing me and offering to assit me paying the debt.  Today I received a letter from overdales, dated Monday 7th Feb,  advising me of similar and that I would soon recieve county court papers.  But they sent those to me dated 01/02/22.  The letter ends by saying, if I fail to respond to them or to the county court papers,  they MAY enter a county court judgement against me etc.

 

This letter and text were sent to me after I'd filed my intention to defend all.

 

I'm just wondering,  once court papers are filed,  do they have to wait for that process to take place and cease to contact me, especially as  I've filed my intention to defend all.  Do you know if these  communications are breaking any rules? 

 

Also, is the "May take county court action" statment going against the fact that they have already instigated  county court action and could this be considered as  trying to confused me, which it has a little. 

 

Many thanks again for any help and advice you can give with this.  

 

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A case of the left hand not knowing what the right is doing ...ignore everything except the courts directions as and when to do what.

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30 minutes ago, j70han said:

 

From my calculations I have until 04/03/22 to file a defence otherwise it goes to court.  

No where did you get that from??

 

you must file a defence by date else you lose by default!!

 

they dont have to disclose any documents until disclosures stage. Though as with all our defences you note none to date.

 

but your PRIORITY is to get that Lloyds info 

 

pers to prepare incase you dont get proof of old ccj id be using our enhanced google search box for 

 

claimform loan

 

and youll see our std no paperwork holding defence

 

and it will teach you what you need to do at each stage as the claim progresses.

 

DX

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks dx.

 

OK, I've filed an online Notice to defend all. Assumed I had 14 days plus anther 14 days.....  I am in touch with Lloyd's to try and get details of the account.  I'm currently trying to discuss with Lloyd arrears, getting passed about which I expected and the SAR due date submitted  will pass the court date.

 

Thanks for the link.  Just one further  quick question, would a defence that this debt has already had a ccj against it, be a sufficient defence. I appreciate I won't know until it did go to court.  But guess that's my only defence at the moment.  Would the court challenged why I did not pay it and have failed to respond to any of Lowells or Overdales letters.  

 

Thank you.

 

 

 

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On 06/02/2022 at 18:52, j70han said:

Date of issue –  01 Feb 2022

 

On 06/02/2022 at 20:01, dx100uk said:
On 16/02/2022 at 18:50, j70han said:

would a defence that this debt has already had a ccj against it

 

not alone probably no. but it wont be alone you must read up as advised earlier.

 

On 16/02/2022 at 18:50, j70han said:

Would the court challenged why I did not pay it and have failed to respond to any of Lowells or Overdales letters.  

not if the claim should not have been raised or is unproved with no enforceable paperwork.. and no you are at no mercy to relying to any DCA, .

 

On 16/02/2022 at 18:50, j70han said:

I've filed an online Notice to defend all

that AOS

 

+++++++++++++++++++++++++++

Thread continued here:

 

 

 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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