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Multiple CCJs - Lowell/Overdale and Cabot Financial


Nytex
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Hello all

Firstly, this post isnt for me but an acquaintance who has opened up about some severe financial struggles.

I used to be involved in the debt game 10 years ago (i know, boo. Forgive me.) But protocols have changed since then so I'm a little out of the loop.

Back story, single mother of one on benefits opened a Next account in Dec 2012. Maxxed account but made frequent payments.

Opened a Very account in mid-2014, again maxxed the account after sporadic repayments. 

 

Next - Purchased by Cabot, CCJ issued June 2019. No enforcement. Balance sits at approx £1300.

 

Very - purchased by Lowell and is now with Overdales. CCJ issued Jan 2019. Balance currently at £1200.

Warrant of Control issued for part sum (£230) in late 2022. Smartly paid "under duress". Recently contacted again threatening more action. 

 

Acquaintance swears blind court paperwork not received in either instance, though was at the property at the time of claim issue. 

Believes the Very debt was unaffordable, has asked for a copy of the credit agreement but as Judgement issued they won't cease possible further action and under no obligation to provide credit agreement. Apparently.

Believe that, evidencing on benefits with no major income and already with credit accounts outstanding this was irresponsible lending and wants it overturned / set aside

Been told by Overdales that no settlement will be offered by Lowell. 

No contact regarding Cabot, but could well be in the pipeline.

Credit already ruined due to 5yr old CCJs, to have set aside would be nice but not a backdoor CCJ and not stat barred though close to CCJ expiry (Jan and June 2025 respectively)

 

Any advice here on what can be done? Whether thats set aside, disputed or other? 

 

Worth noting also 4 liability orders outstanding (partial council tax arrears over several years) with no payment plan due to affordability. Lowell didn't care about this, just agreed a temporary hold to seek legal advice. Priority debt would take priority in a repayment plan ofcourse but they were clear enforcement action would continue upon expiry.

 

Many thanks

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should of just ignored the warrant.

theres nothing any bailiff can really do on a consumer credit CCJ, no right of forced entry. 

set side is out the window really not much point , it'll drop off soon.

if all these were default judgements or head in sand ignorance stick in an n245 for £5 for each one.

nail them all in their boxes.

 

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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