Lowell - CCJ or empty threat

beyond92

Hi all,

Hoping I can get some help here. Having not heard about this for some time, potentially 5-6 years, I got a letter from Lowell Solicitors today.

I owe around 450. Apparently a CCJ was entered against me and I was ordered by "the Court" to pay around £60 a month. I never received any correspondence for this, so unsure if it's even true.

On the letter they are now wanting to agree a plan with me. The letter is addressed CCJ Arrears - Payment Required

This seems like a threat rather than a genuine CCJ, because it's gone from a Court ordering me to pay so much per month and now they're asking me to agree a separate payment plan with them to avoid "enforcement" which tells me there is no enforcement.

The letter is direct from Lowell, not a court. It's not stamped and looks like a blanket letter.

Where do I go from here? Is this an empty threat and how should I respond? Any help appreciated

StokieBecks

You need to check your credit files and see if there is a CCJ against you. If there is you need to set up a payment plan with them because they can enforce it with baliffs if there is a CCJ

sourcrates

What it means is Lowell have obtained judgement against you, and to avoid further enforcement action been taken, ie, bailiffs at your door, attachment of earnings order, or to be marched in front of the court to explain why you have not paid, you should agree to pay the judgement order.

Have you moved recently ?

Check your credit files or trust online.

beyond92

Thanks guys.

I checked and yes they had but sent to my old address that I've not lived at for quite a few years now.

So I basically need to begin setting up a payment plan?

Thanks for clarifying.

beyond92

StokieBecks wrote: »

You need to check your credit files and see if there is a CCJ against you. If there is you need to set up a payment plan with them because they can enforce it with baliffs if there is a CCJ

Thanks for clarifying.[/QUOTE]

sourcrates wrote: »

What it means is Lowell have obtained judgement against you, and to avoid further enforcement action been taken, ie, bailiffs at your door, attachment of earnings order, or to be marched in front of the court to explain why you have not paid, you should agree to pay the judgement order.

Have you moved recently ?

Check your credit files or trust online.

I set up the payment plan.

Just realised though that the start date of the credit was at the end of March in 2012. So wouldn't that mean that it's statute barred now? Given that it's been 6 years?

The CCJ was applied for in January (I missed it as sent to a different address) so does that mean it's still legally enforcable - given that it was issued before SB was applicable?

Thanks again

StokieBecks

It is enforceable as they already have the CCJ. The papers will have gone to the last address they had for you which they are allowed to do. Also the start date would not be the start of your six year clock. That would be the date you last paid anything to it. Get your payments set up that they agree to so that they don't try and enforce it another way with baliffs. The CCJ will be on your file now for 6 years from date of issue. If you can afford to pay it in full then you can apply for a certificate of satisfaction so it shows as settled on your credit file. A settled CCJ is better than an outstanding one but probably only marginally.

If you have other debts you are not paying then get some advice from the free debt charities (Sourcrates signature at the bottom of his post has lots of useful info) and start making payments. Make sure your address is up to date with the credit reference agencies, you appear on the electoral role etc . Keep an eye on your credit files in case anyone else issues CCJs to an old address

National_Debtline

Hi beyond92


For this debt to be statute barred there must have been a 6 year period between when court action could have been taken, and when the court papers were issued, where you did not acknowledge the debt in writing and no payments were made towards it.


Even if you defaulted in March 2012, it was less than 6 years later that they applied for court action. That means the debt cannot be statute barred unfortunately.


It's good to hear you have a payment plan set up. If you ever have any problems with that there is an option to ask the court to approve a payment plan. You can find more information on this here https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx.


Susie
@natdebtline

beyond92

StokieBecks wrote: »

It is enforceable as they already have the CCJ. The papers will have gone to the last address they had for you which they are allowed to do. Also the start date would not be the start of your six year clock. That would be the date you last paid anything to it. Get your payments set up that they agree to so that they don't try and enforce it another way with baliffs. The CCJ will be on your file now for 6 years from date of issue. If you can afford to pay it in full then you can apply for a certificate of satisfaction so it shows as settled on your credit file. A settled CCJ is better than an outstanding one but probably only marginally.

If you have other debts you are not paying then get some advice from the free debt charities (Sourcrates signature at the bottom of his post has lots of useful info) and start making payments. Make sure your address is up to date with the credit reference agencies, you appear on the electoral role etc . Keep an eye on your credit files in case anyone else issues CCJs to an old address

National_Debtline wrote: »

Hi beyond92


For this debt to be statute barred there must have been a 6 year period between when court action could have been taken, and when the court papers were issued, where you did not acknowledge the debt in writing and no payments were made towards it.


Even if you defaulted in March 2012, it was less than 6 years later that they applied for court action. That means the debt cannot be statute barred unfortunately.


It's good to hear you have a payment plan set up. If you ever have any problems with that there is an option to ask the court to approve a payment plan. You can find more information on this here

Susie
@natdebtline

Thanks guys

One last one...

I set up a payment plan through their website last night. Can they refuse the monthly amount or ask me to pay more? Or now I have set up the plan is that it and there’s no chance of bailiffs?

beyond92

I set up the plan for the amount ordered by the court too (50 per month) so it!!!8217;s what they!!!8217;re asking for.

Will I just get a letter of confirmation?

fatbelly

As long as the payment is going to clear the debt in a 'reasonable' time (say 3-5 years max) Lowell would not be likely to escalate this, though technically they could as it seems you defaulted on the court order.

If necessary you can vary the order using an N245 but there may be a fee for this unless you are on a low income or a means tested benefit. I usually say to only use the form if bailiffs are instructed as you can then use it to 'suspend the warrant' and 'vary the order'.

On the statute barred angle, you need to get the paperwork from the court and find the date of claim (not the date of the judgement). Then go back six years and check if you ever either made a payment or acknowledged the debt in writing. If you did not, then there are grounds for set-aside even though you have made payments subsequently.

It does seem in your case that they got their claim in in time, even if they sneakily used a former address. But worth posting the principle for other readers. Usually a registered default means that the person stopped making payments 3-6 months before that date.

beyond92

Thanks again

The payment plan I did last night was 30 a month but I upped it to 50 today as I don’t want to chance them taking action for not adhering to the courts proposed monthly payments

I can afford it and it means the debt will be paid off in 9 months so I’m ok with doing that

Just want assurance that they are satisfied with my proposed payment plan and that no bailiffs will show at the door. I would get killed ha. I should them up to confirm but don’t like speaking on the phone so I’ll wait for a letter confirming or maybe email them

Thanks for everyone’s help, if you have any further advice on this that you think I would need then please let me know