Lowell chasing

Ian2112

Hi

New to this but have been researching quite a bit and seems like this is the best place to get advice and guidance.

Brief overview
I received a letter from Lowell stating "We wrote to you previously regarding judgement arrears but we are yet to receive payments as required under the terms of your CCJ"
As none of this made any sense I got a copy of my credit file and there was showing a CCJ.
I rang Lowell to ask for further details to which I was told this related to a TSB bank account which went overdrawn in August 1996, the account defaulted in August 2010 and in 2014 I had been sent a letter stating that I owed £50
I asked for proof of any of this, as I thought it was a hoax, to which I was told they were under no obligation to provide proof and I should seek legal advice unless I paid £521.74 today. I refused and again asked for permission to again be told they were under no obligation.

I discovered the 3 letter process and sent them the 1st letter on July 4th
Today I received a letter dated July 21st which states

They have requested a copy of the agreement from the original creditor

Our client is under no obligation to provide you with a sworn affidavit or a signed bill.
The deed of assignment will not be sent to you as it is a confidential agreement between our client and the original creditor containing information which you are not entitled to see. No other agreement/deed of novation exists between you and our client.

As you are aware, CCJ in default was entered against you on 9 December 2014 (to which I have no knowledge of) with a court order to pay £50 per month. This is an order which you are required to comply with. You are currently in arrears by £521.74 with the court order.

Just wondering
1. Am I going about this the correct way
2. What should my next steps be

Grateful for any support or guidance

sourcrates

Lowell are correct, bank accounts are not covered by sec 77/79 CCA as you do not sign an agreement, likewise deed of assignment is only available to a court.

You don't have any next steps as judgement has been entered against you.

If you don't pay it, Lowell may employ bailiffs to visit you.

3 letter process is utter rubbish.

You can apply to the court to change the monthly payment if it's not affordable.

Ian2112

Thanks for the response, I was under the impression, from all the debt advice websites, that the 3 letter process was the best way to deal with anything like this.
If this is from 1996 and now the first I have heard of it is there nothing I can do to challenge the amount?

sourcrates

Ian2112 wrote: »

Thanks for the response, I was under the impression, from all the debt advice websites, that the 3 letter process was the best way to deal with anything like this.
If this is from 1996 and now the first I have heard of it is there nothing I can do to challenge the amount?

You can't challenge it after it's been to court.

You can apply to have the judgement set aside, but you need good reason for this, and there is a court fee of £255.00.

You don't need 3 letters, just one letter will suffice, a creditor must prove a debt when asked in writing, that's the be all and end all, they don't have to provide any of the rubbish in those letters.

That obligation is removed once judgement has been granted in their favour.

Geoff1963

Can the court give all the necessary details to the OP ?
The court should have written to the OP, telling them of the Claim, and then of the judgment ; but the OP didn't get either of those letters. Maybe Lowell "accidentally" gave the wrong address to the court.

sourcrates

Geoff1963 wrote: »

Can the court give all the necessary details to the OP ?
The court should have written to the OP, telling them of the Claim, and then of the judgment ; but the OP didn't get either of those letters. Maybe Lowell "accidentally" gave the wrong address to the court.

They only have to send them to the last known address.

I think it's pretty clear it's an old bank account, but the OP hasn't said if it is there debt or not.

Ian2112

I remember having an account with Lloyd's but don't recall it ever going overdrawn and this is the first I've heard of any money owing or indeed the court judgement.

sourcrates

Ian2112 wrote: »

I remember having an account with Lloyd's but don't recall it ever going overdrawn and this is the first I've heard of any money owing or indeed the court judgement.

Your options are limited now they have judgement against you, the county court judgement supersedes any defense you may of had.

As said before, you can apply for a set aside, which, if successful, will bring you right back to the pre-litigation stage, thus giving you a chance of a defense, if you have one.

Or you can apply to the court to vary the payments to Lowell to something more affordable, if you do nothing, then Lowell can seek an attachment of earnings order against you, and take money directly from your wages, or they can send round county court bailiffs, who, although cannot force entry, or do anything unless you either let them in, or have a vehicle outside they can seize, will be a lot of hassle for you to deal with.

Why do you think you never received the original court papers or pre-litigation letters ?

Ian2112

Looking at the dates that Lowell have sent they could have gone to my previous address. I've been registered at my current address for over 3 years so seems strange that this has just been sent now.

How would I go about applying to the court to vary the payments as I have no reference numbers or details

macman

At the risk of stating the obvious, it's your responsibility to inform the bank of a change of address. I don't follow how you can be only £521 in arrears if you were ordered to pay £50pm 30 months ago? That would be £1500. How much is the total debt?

National_Debtline

Hi Ian


It's worth your while asking yourself a few questions first, as the answers may shed light on whether you have any prospect of setting the judgment aside and subsequently challenging this debt.


You mention a few dates in your first post, but it's difficult to distinguish which are your own recollections from those you are simply quoting from Lowell. You say:


"the account defaulted in August 2010"


Whose assertion is that, please - yours or Lowell's? More to the point, when do you last recall using that old TSB account? If this was back in 1996 (as your OP seems to suggest), you may yet be able to argue that the time for court action had passed by the time they sued you in 2014 - but you would need to persuade the court to set aside the existing CCJ first.


That application would cost £255 as sourcrates states above, and therefore you should look before you leap. At the same time, though, that fee is still less than the amount you owe on a CCJ that as things stand is going to affect your creditworthiness until 2020.


I'd suggest contacting one of the debt advice charities for their input as well.


Dennis
@natdebtline