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  • FIRST POST
    • Fruitsalad
    • By Fruitsalad 9th Mar 17, 3:40 PM
    • 4Posts
    • 1Thanks
    Fruitsalad
    Default about to turn into a CCJ
    • #1
    • 9th Mar 17, 3:40 PM
    Default about to turn into a CCJ 9th Mar 17 at 3:40 PM
    Hi

    I am so upset and stressed. I really hope that someone is able to help me with some advice on how best to move forward with a difficult situation I find myself in.

    I had a default registered against me by Lowell on May 2011 for catalogue debt. I thought this was about to drop off my file in 2 months however I checked my Noddle credit report and saw that the sum of 416 which had remained consitant for over 5 years suddenly changed to 540 on my credit report. This spurred me to investigate why.

    I contacted Lowell who said that BW legal were now dealing with it. When I spoke with BW Legal they advised that claim forms were sent to the county court on 17th January and I am very lucky as they have not advised them to serve the judgement yet. I have verified this with the county court who confirm that BW have filed a claim and are waiting further instruction.

    I am told by BW legal if I make the full payment now they will halt the court action. However what concerns me is that they have said that although the default will show as settled on my credit record, the default will now show for another 6 years as the record has been updated even though the default was registered in 2011. This means 12 years in total??

    My questions are as follows

    Is it true that the default will restart from the settlement date

    I never received any letters as they had an old address so have missed the chance to appeal to the court. If I send a prove it letter can they still issue a ccj or will this put things on hold until the dispute is cleared

    Can I ask BW legal to delete the default if I pay in full today - is this something that's negotiable

    I just don't see the point in paying the debt if it is going to stay on my file for another 6 years which is the same length of time as a ccj.

    I just had a little baby and want to save for a deposit on a house . I'm distraught that this could mess everything up.

    I really hope someone can help.

    Thank you so much in advance
Page 1
    • Arleen
    • By Arleen 9th Mar 17, 3:45 PM
    • 826 Posts
    • 601 Thanks
    Arleen
    • #2
    • 9th Mar 17, 3:45 PM
    • #2
    • 9th Mar 17, 3:45 PM
    No, the default will not restart - they are speaking rubbish. And it's your fault for not keeping up-to-date address with them, they must sue you on the last address you have provided them, so there is no dispute to be made.
    Now on the happier side. Yes, you can negotiate having that default removed now if you make the payment. Can't see why wouldn't they agree, as it's only 2 months anyway. And even if they won't, it will be gone in 2 months time as long as you don't get CCJ (or you will but will pay it within 30 days).
    • StopIt
    • By StopIt 9th Mar 17, 3:48 PM
    • 341 Posts
    • 276 Thanks
    StopIt
    • #3
    • 9th Mar 17, 3:48 PM
    • #3
    • 9th Mar 17, 3:48 PM
    No, the default will not restart don't worry. The Original default date still stands.


    If you settle a CCJ within 31 days it'll de deleted anyway.


    You probably wont get the default deleted for paying (They're about to be able to get a CCJ after all, you have little standing to ask for any favours here!) but it'll drop off your credit files soon anyway.


    If you're in a position to pay I'd advise doing so, and frankly, sending a Prove-It letter now may be a little late if they are able to get a judgment by default as you didn't reply to the notice in time.
    Last edited by StopIt; 09-03-2017 at 3:50 PM.
    • Fruitsalad
    • By Fruitsalad 9th Mar 17, 3:59 PM
    • 4 Posts
    • 1 Thanks
    Fruitsalad
    • #4
    • 9th Mar 17, 3:59 PM
    • #4
    • 9th Mar 17, 3:59 PM
    Thank you so much for taking the time to reply this is such a huge relief.

    They have offered a reduced payment of 450 but will mark the account as partially paid. If I accept those terms does that have implications for the default being restarted or is it the same situation with it dropping off in 2 months?

    Thank you so much again
    • Arleen
    • By Arleen 9th Mar 17, 4:02 PM
    • 826 Posts
    • 601 Thanks
    Arleen
    • #5
    • 9th Mar 17, 4:02 PM
    • #5
    • 9th Mar 17, 4:02 PM
    If that is final settlement, then the only difference is that the account will show as settled or partially settled (I think just settled but don't quote me on that) and then drop off when six years pass. Although this info is second hand, you may want to wait for someone else come and verify, as I haven't deal with partial settlement myself.
    • Fruitsalad
    • By Fruitsalad 9th Mar 17, 4:52 PM
    • 4 Posts
    • 1 Thanks
    Fruitsalad
    • #6
    • 9th Mar 17, 4:52 PM
    • #6
    • 9th Mar 17, 4:52 PM
    Thank you much appreciated
    • nic_c
    • By nic_c 9th Mar 17, 5:31 PM
    • 754 Posts
    • 470 Thanks
    nic_c
    • #7
    • 9th Mar 17, 5:31 PM
    • #7
    • 9th Mar 17, 5:31 PM
    The default won't be reregistered, and maybe there was some confusion by BW. As the claims form has been issued it would be another 6 years before it would be stat barred (if you kept talking about six year old debt, maybe, at a guess?).

    You need to ensure that if they offer you a discount that they are not proceeding with the claim. The original default will be marked as partially satisfied but as that is dropping off in two months then it will just be seen for the two months. No need to get it removed, surely? Has the date changed on your credit report or just the amount of the default?
    • Fruitsalad
    • By Fruitsalad 9th Mar 17, 8:42 PM
    • 4 Posts
    • 1 Thanks
    Fruitsalad
    • #8
    • 9th Mar 17, 8:42 PM
    • #8
    • 9th Mar 17, 8:42 PM
    Hello

    I made the full payment earlier today on the advice gratefully received.

    BW said they are 100% certain that the default will remain on the file 6 years from the date of settlement. The reason being that ccj proceedings were started putting this matter in a different category from a normal settled default.

    Please could anyone shed some more light on this. It's heartbreaking to think this is going to have affected me for 12 years by the time it drops off.

    Thank you
    • sourcrates
    • By sourcrates 9th Mar 17, 10:03 PM
    • 10,568 Posts
    • 10,351 Thanks
    sourcrates
    • #9
    • 9th Mar 17, 10:03 PM
    • #9
    • 9th Mar 17, 10:03 PM
    Hello

    I made the full payment earlier today on the advice gratefully received.

    BW said they are 100% certain that the default will remain on the file 6 years from the date of settlement. The reason being that ccj proceedings were started putting this matter in a different category from a normal settled default.

    Please could anyone shed some more light on this. It's heartbreaking to think this is going to have affected me for 12 years by the time it drops off.

    Thank you
    Originally posted by Fruitsalad
    Again, complete and utter rubbish !!!

    There are no "categories" of defaults, it's either a default, or it isn't, it's either black or it's white, there is no gray area here !!

    This is why you should never listen to call handlers, it's like ringing the doctors for health advice and speaking to the receptionist !!!

    The default will drop off your file at the six year point regardless of anything, that's ANYTHING, you or anyone else does !!!

    Even if the CCJ had been registered, the default would still of gone.!!

    Defaults and CCJ's are two very different things and each has no bearing on the other.
    The level of incompetence within these so called "legal" companies is astounding.

    I just hope you have got this deal rubber stamped in writing, with emphersis on not been chased for the remaining balance, otherwise they can and will most likely pursue you again.
    Last edited by sourcrates; 09-03-2017 at 10:14 PM.
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    • DCFC79
    • By DCFC79 16th Mar 17, 2:50 PM
    • 29,222 Posts
    • 18,445 Thanks
    DCFC79
    Good afternoon.

    I'm sorry, really new to this and couldn't figure out how to start a new thread. Hope it's OK I jumped on this one. I work away for weeks at a time, and have come home today to a letter from Lowell solicitors stating they have issued legal proceedings in the form of a county court claim, and as I haven't responded, they will be asking the court to enter a CCJ. I did recieve some forms a while ago from the county court business centre, but after advice from a colleague, I ignored them (yes, I'm realising now this was a bad idea).
    I have never spoken to Lowell regarding this debt (it is with provident - and wasn't my debt, but an ex partners - I stupidly signed for it!!). I lived out of the country for a while, but around 2 years ago I registered myself on the electoral role at my current address - and that seemed to open the floodgates. My entire life I have refused to deal with companies such as Lowell - so I know I have never had contact with them (I actually think my ex partner passed on my details). However, I separated with my ex in 2012, and know the debt was at least 12 months old by that point. From what I recall, she paid some of the debt to provident in the beginning - but obviously stopped (I was unaware again as working away). I have checked my credit report on both Experian, and Clear Score- and this debt does not show on either. I am confident it is now past the Statute barred date- but I am worried if I contact them to state this, and it isn't, then they will have me by the short and curlys. If a CCJ is issued, and I then send the SB letter - will this be too late? I know they have 14 days to respond, and I have 31 days from the CCJ date to clear the debt - so I'm wondering if I got a CCJ, then sent the SB letter, and proved it was over 6 years - would this allow the CCJ to be removed??

    Thanks for your time.
    Originally posted by MatJ33
    To start a new thread you pick the relevant section and the new thread button is near the top of the page on the left.
    Je Suis Charlie
    • Arleen
    • By Arleen 16th Mar 17, 2:52 PM
    • 826 Posts
    • 601 Thanks
    Arleen
    If you co-signed the debt, then it's as your as your exes, too late to try to get out of it on that account.

    Lowell is a debt buyer company, not a lenders, so it's relatively normal that you've never had to deal with them before.
    And why do you think that it's statute barred? When was the last payment made on the account? I mean we are only in early 2017, so if she made payment, say, in March or April, the debt is absolutely not barred. The debts not being on your credit file are likely to catch up soon, although given how old they are, they may not do so before they are past 6 years anyway.

    Now, as to what to do is to grab the forms and call the court and explain your situation. They will be able to advise you at which stage the case is now and what are your options.

    If the CCJ was already granted, then your only way is to apply to have it set aside, which you may or may not be able to do, as you don't know when was the last payment made.
    • Marktheshark
    • By Marktheshark 16th Mar 17, 3:00 PM
    • 5,521 Posts
    • 6,924 Thanks
    Marktheshark
    What is going on on the debt board ?
    She should have been instructed to check the initial default date was her last communication or payment and request the CCA.
    Brexit will become whatever they invent it to be.
    • takman
    • By takman 16th Mar 17, 4:12 PM
    • 2,157 Posts
    • 1,773 Thanks
    takman
    What is going on on the debt board ?
    She should have been instructed to check the initial default date was her last communication or payment and request the CCA.
    Originally posted by Marktheshark


    Some people actually like to pay the money that they legitimately owe!. Not everyone tries to use "technicalities" to avoid money they know they owe.
    • MatJ33
    • By MatJ33 16th Mar 17, 5:51 PM
    • 2 Posts
    • 0 Thanks
    MatJ33
    No - the last payment made would have been around 2010 - that's why I believe it may be SB. And I know because the debts in my name that I have to sort it - not doubting that. But the fact that I have never had any communication until recently is what bugs me - because by that point it was already in Lowells hands - with over 200 of added fees. What I meant by never dealing with them - is that I have literally never spoken to them. And from what I can gather from this site, if you have had no contact regarding a debt that hasnt been paid in over 6 years, then it is statute barred? Or am I getting that wrong. What I'm saying is - debt was taken in 2010, few payments made to provident, then payments stopped. Some years later Lowell bought the debt and have, from what I can tell, been chasing it. But not chasing me. They are now chasing me, for a debt I believe to be over 6 years old. They are threatening CCJ. My question is simply - if it is a debt that has not been discussed with myself in over 6 years - is it still a collectable and enforceable debt?
    • nic_c
    • By nic_c 16th Mar 17, 7:04 PM
    • 754 Posts
    • 470 Thanks
    nic_c
    Fees added by whom? Lowell, sounds like they are already going down the ccj route already
    • nic_c
    • By nic_c 16th Mar 17, 7:22 PM
    • 754 Posts
    • 470 Thanks
    nic_c
    Mat, just so I'm getting this right. You co-signed with an ex, moved away and I suppose never told provident, went out of the country, came back and when lowell's traced you you are moaning that you have not received communication in the meantime.
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