CCJ but claimant won't allow payment to be made

sockpuppet

Hello
Am not sure if have posted this in the right place, but if anyone can advise it would be appreciated!

My sister had hp with welcome finance several years ago, during which time she unfortunately was made redundant.
She could not afford to keep the car so welcome agreed for it to be handed back and an agreement was reached for my sister to pay an outstanding amount of 1700 by installments of 50 per month.

She waited for her payment slips to be sent, but never Received them, so tried to chase up welcome finance but they appeared to have disappeared! Her local office had closed and nobody would respond to her letters. She wrote to several different address she found but never Received a response so didn't know what to do.

Fast forward to last year when she started to get letters from a debt collection agency regarding a debt of 2900, she ignored them as she had no debts of that amount and when they phoned her they would not tell her what/who this debt was regarding.

She then received a notification that they were taking her to court and it was in regard to welcome finance, but the debt had been bought by Lowell portfolio, and was being handled by HC solicitors.
She replied to the court to explain the situation with welcome and provided a letter from them staring the 1700/50 per month and that she had never been able to make any payments without payment slips or bank details.

The court agreed the 1700 at 50 per month, as the claimant accepted it before the hearing date. Unfortunately the put a ccj on her (she had thought that by agreeing the amount before it went to court that this would not be a ccj, but they sent her a notification that it was)

She has since being trying to pay it but the slips they sent had the wrong account number on them and the bank system would not accept it.
She called the solicitors who had handled it all and they said the case was now closed and she would have to call Lowell directly.
She did this and was told by a lady at Lowell's that they had never accepted to amount of 1700, so not to pay it as they were going back to the court to change the ccj to 2900!

The ccj notification from the court, and the letter from the solicitors both state 1700 and show payments agreed at 50 per month.

Can Lowell finance do this? They have told her to not make any payments and refused to give her any bank details.
She is worried that they will send bailiffs or put a charge on her house because she hasn't made any payments as agreed with the court, or that she is going to end up with two ccj's on her file.

Any help as to how she should proceed will be appreciated as she just doesn't know what to do next

Apples2

She really needs to stop ringing them and make all communication in writing.
With phonecalls, they may as well didn't happen, there is no proof.

Let them go back to Court, take all her evidence of her attempts to pay and let the Judge decide. If you have proof (or put a strong enough case forward) it is unlikely the Judge will side with Lowells.

jellie

Why does she keep dealing with payment slips - what's wrong with direct debit, standing order, cheque, or credit/debit card?

Has she made an official complaint, in writing, to Lowells?

sockpuppet

Apples2
I have said to her that she should not speak to them anymore, even if they call her and to put everything in writing from now on so that she has evidence that she has been trying to pay. She sent a letter to the sols who dealt with the case asking them to confirm the amounts agreed by their clients. She sent this yesterday by recorded delivery.

Jellie
She doesn't want to deal with payment slips at all! They keep sending them to her even though she had asked for bank details to set up a standing order, but they won't give them to her. She gave up and tried to use the details on the slip but the bank system won't accept them which is why she rang again and was then told the above

Luckily it didn't work as the co named on the slips apparently does not act as collectors for them anymore according to Lowell's, even though the latest lot arrived this week.

The next step may be an official complaint then to Lowell's once/if she gets any response from the solicitors as they wouldn't speak to her when she called them

forgotmyname

Send them a cheque or postal order each month for £50 until the £1700 has been paid then tell them to sod off.

You have court paperwork to prove £1700? If your in a position to pay a lump sum i would offer them a reduced full and final figure. A LOT less than £1700...

Even if they have £2900 as the figure they will have paid much less for it.

sockpuppet

Thanks forgotmyname
She did offer them 500 in full and final when it was first due to go to court and the sols said no.
She does have the court confirmation that it is 1700
Trouble is they won't give her any information at all, no address or bank details
All she has is some payment slips from Lewis group who they said yesterday do not collect for them anymore?? So she is worried about using them.
She wanted to set up a so, but I said slips may be better and she can then keep a track of what she has paid and stop when gets to the amount but she said SO easier as she works a lot of hours now in her new job and it's hard to get to a bank sometimes and wanted to do proper regular payments.