Lowell's CCJ 2015

laurajanejones

Hi, I got a letter recently that I got a CCJ in 2015 and HBOS are thinking of enforcing the debt.

It relates to a credit card from 2002.

I've moved a lot so knew nothing.

What's best to do?

fatbelly

If Lowell own the debt, they will be the ones writing to you and making the decisions. Presumably this was an HBOS credit card, later sold to Lowell.

Do you recognise this as your old card? i.e. does the reference number match?

Before the judgement in 2015, was there ever a 6-year period when you did not make a payment to it or acknowledge it in writing?

Do you have other debts? Could you afford to pay this one off? By a lump sum or instalments?

laurajanejones

Hi, thanks for your reply.

Six years prior to 2015 would have been 2009, and I did not ackowledge this debt since about 2006, 2007 very latest.

I cannot afford to pay this debt at all. I live on tax credits with low income, and I have other debts, like a £800 energy bill I am trying to get sorted and make a payment plan for.

sourcrates

That may of made it statute barred before judgement was granted.


You have the option of a set a side on that basis, this costs £255.00, but if on low wage or benefits, remission on the fee is available.

National_Debtline

Hi Laurajanejones,


Just to elaborate on what other posters have said, there is a piece of legislation called the Limitations Act 1980 that states that if there has been a 6 years the debt fell due, with no written acknowledgement or payment to the debt and no county court action started, then the debt can be Statute Barred. County court claim forms are only sent to the last known UK address, so if you moved, that could be why they were missed.


A set aside application takes the judgment back to the beginning. The court will normally assess how long it has taken you to file this application (were you prompt), why you didn't respond to the original claim forms and do you have a realistic prospect of a defence.


This application is done using an N244 form which can cost £255. If you are on certain benefits or a low income you may be able to get that waivered with an EX160. Before you make this application it is advisable to try and get some legal advice because if you are unsuccessful with this application the debt can increase through legal costs of the other side.


Laura
@natdebtline

Just_Di

laurajanejones wrote: »

I got a letter recently that I got a CCJ in 2015 and HBOS are thinking of enforcing the debt.

It relates to a credit card from 2002.

I've moved a lot so knew nothing.

When did you move from the address where the claim was served and the subsequent Default Judgment (CCJ) obtained?

Were you then visible on the CRA files at your next address as being on the Electoral Roll or having the address linked if you had ongoing credit such as a bank account?

'Last Known Address' is not necessarily sufficient when it comes to a creditor/debt purchaser contesting an Application for a set-aside. The Judgment Creditor (Claimant) would need to demonstrate that they carried out due diligence to establish that you were living where they believed you to be living when they issued the claim.

You would need to prove that you were living elsewhere such as a tenancy agreement or evidence that the previous property had been sold (if it was) from Land Registry etc.

If the debt was Statute Barred when the claim was issued then you might be able to argue that you had good reason not to give anyone your forwarding address (i.e. if the debt no longer existed in legal terms).

How much is the CCJ?

Once the facts are established then you can approach Lowells to see if they will consent to the CCJ being set aside prior to any Application.

If they've made errors along the way you can ask them to consent to the set aside and Discontinue the claim at the same time (in the same Consent Order).

Without knowing the full facts it's hard to make suggestions. Research is important at this stage

Whatever you decide to do the important thing is to do it soon before Lowells seek enforcement of the CCJ.

Di