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  • FIRST POST
    • LisaCaravan1978
    • By LisaCaravan1978 5th Oct 17, 9:06 AM
    • 3Posts
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    LisaCaravan1978
    Lowell, CCJ by default - Even after CCA and CPR Request
    • #1
    • 5th Oct 17, 9:06 AM
    Lowell, CCJ by default - Even after CCA and CPR Request 5th Oct 17 at 9:06 AM
    Hi

    I'm hoping someone can point me in the right direction! I received a claim form for a CCJ from Lowell. I went online and did the acknowledgement of service on 12/05/2017.
    I immediately then sent (by recorded delivery) a CPR and a CCA request - both on 12/05/2017. Received a response from Lowell a few weeks later saying the court action was on hold whilst they recovered the information.
    I today received a Judgement for Claimant (in default) letter from the court?! Dated 28/09/2017 ...
    HELP!
Page 1
    • GDB2222
    • By GDB2222 5th Oct 17, 9:22 AM
    • 14,009 Posts
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    GDB2222
    • #2
    • 5th Oct 17, 9:22 AM
    • #2
    • 5th Oct 17, 9:22 AM
    It’s not up to Lowell to stay the proceedings. What did you receive from the court? You ought to have had notice of a hearing etc. Did you get these?
    No reliance should be placed on the above! Absolutely none, do you hear?
    • ciderboy2009
    • By ciderboy2009 5th Oct 17, 10:31 AM
    • 285 Posts
    • 257 Thanks
    ciderboy2009
    • #3
    • 5th Oct 17, 10:31 AM
    • #3
    • 5th Oct 17, 10:31 AM
    If you only sent an acknowledgement of service to the court and not a defence then the CCJ has (technically) been granted correctly.

    The AoS just gives you an extra 14 days to file the defence - if you didn't have all of the information from Lowell then you should have at least filed an "embarassed" defence.

    Now that Lowell have got the judgment they're unlikely to agree to set it aside even if it is their fault (they'll say that they sent something to you or something along those lines) so your only real option will be to file an application to set aside the judgment (you will need to pay a fee for this).

    You will probably need to file a draft defence with the application so make sure that you've got that all sorted asap.
  • National Debtline
    • #4
    • 5th Oct 17, 10:48 AM
    • #4
    • 5th Oct 17, 10:48 AM
    Hi Lisa and welcome to MSE,


    Ciderboy2009 is correct, that unless you filed a defence the CCJ could proceed. You could do a set aside application, however, I would recommend that you get legal advice before you do this. A set aside application is £255 (unless you are on certain benefits of a low income, then you may get some of this fee waivered), but the bigger issue is if you lose you can incur legal costs of the other side. So you need legal advice about what your defence is.


    However, if you decide not to apply to set aside the CCJ and instead accept the judgement you can either pay it in full or apply to vary it. If you pay the judgement in full within one month of the judgement date it will be removed from your credit file. If you are unable to do this you can vary it using an N245 at the cost of £50 to pay instalments you can afford to help avoid any enforcement action.


    Laura
    @natdebtline
    Last edited by National Debtline; 05-10-2017 at 10:50 AM. Reason: additional sentence
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • LisaCaravan1978
    • By LisaCaravan1978 5th Oct 17, 10:56 AM
    • 3 Posts
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    LisaCaravan1978
    • #5
    • 5th Oct 17, 10:56 AM
    • #5
    • 5th Oct 17, 10:56 AM
    No, I had absolutely nothing through
    • LisaCaravan1978
    • By LisaCaravan1978 5th Oct 17, 10:58 AM
    • 3 Posts
    • 0 Thanks
    LisaCaravan1978
    • #6
    • 5th Oct 17, 10:58 AM
    • #6
    • 5th Oct 17, 10:58 AM
    Thank you. I filed a defence saying I had sent a Cca etc to Lowell.
    • MEM62
    • By MEM62 6th Oct 17, 9:45 AM
    • 1,356 Posts
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    MEM62
    • #7
    • 6th Oct 17, 9:45 AM
    • #7
    • 6th Oct 17, 9:45 AM
    Thank you. I filed a defence saying I had sent a Cca etc to Lowell.
    Originally posted by LisaCaravan1978

    That's not a defence.
    • sourcrates
    • By sourcrates 6th Oct 17, 10:22 AM
    • 12,190 Posts
    • 11,651 Thanks
    sourcrates
    • #8
    • 6th Oct 17, 10:22 AM
    • #8
    • 6th Oct 17, 10:22 AM
    Thank you. I filed a defence saying I had sent a Cca etc to Lowell.
    Originally posted by LisaCaravan1978
    If you defend a claim, you must defend it on the basis of either the balance been incorrect, or the debt isn’t yours to begin with, or some other good reason.

    You cannot enter a defense of sending a CCA request, as said above, that is not a defense, and that’s why you have had a judgement by default.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
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    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
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    • StopIt
    • By StopIt 6th Oct 17, 10:46 AM
    • 1,103 Posts
    • 969 Thanks
    StopIt
    • #9
    • 6th Oct 17, 10:46 AM
    • #9
    • 6th Oct 17, 10:46 AM
    You'll have to apply for a set aside now.


    It costs £255, and you'll need to put a defence n with the set aside application.


    It is crucial that you get legal advice to make the defence valid in court. The CCA request is part of the procedure of getting a defence, which is an unenforceable debt because of failing the requirements of the CCA request.


    The defence at the time should have been that you do not recognise the debt and Lowell have not provided evidence that the debt is valid, along with the CCA request.


    When you received the claim pack from Lowell, what detail of the debt was included. Was the CCA request even valid if they had provided the correct paperwork in the claim?


    Lowell would have then been required to bring this evidence to court, and you could have defended the claim in person at court. Instead, because the defence wasn't valid, the claim went through in default.
    • chappers
    • By chappers 6th Oct 17, 1:43 PM
    • 2,705 Posts
    • 1,531 Thanks
    chappers
    It’s not up to Lowell to stay the proceedings. What did you receive from the court? You ought to have had notice of a hearing etc. Did you get these?
    Originally posted by GDB2222
    No but they could have withdrawn the claim.
    Did they ever send you the information from your CCA request ?
    The fact you have something in writing from them may cut some sway, but either way you will have to still apply to set the judgement aside.
    The information you receive or received as a result of your statutory requests will probably determine the likelihood that any set aside application will be successful
    • Car1980
    • By Car1980 6th Oct 17, 2:27 PM
    • 215 Posts
    • 98 Thanks
    Car1980
    Often nobody will read the initial defence on the claim form and the case will be allocated to the small or fast claims track.

    But if your initial defence was so poor as to be struck out, it would say that on the judgment that comes through the post.

    In any case, no CCJ is entered in the record if the money is paid within 28 days.

    This sounds more like your defence never got to the court? Do you have proof of posting or evidence you responded onlime?
    • nic_c
    • By nic_c 7th Oct 17, 8:38 AM
    • 1,006 Posts
    • 584 Thanks
    nic_c
    As has been said, simply saying you have sent off a request isn't a defense. Why had you sent off for one, is it because you believed you never signed one or some other reason?
    Your best hope now is to pay within the 28 days, not sure why people are suggesting set aside. Unless there is a solid reason, it's likely to be thrown out and go past the 28 days to pay in full to get CCJ removed/
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