Help - CCJ!

JossyDavey

I have a debt with Lowell (£434) regarding a store card that was taken out in 2011. I was made homeless and unemployed in 2012 and didn't pay the bill. I made contact with Lowell in 2015 and told them that i refuse to pay for the debt because the majority of it was interest and late payment charges. They accepted an offer of £210, which was to be paid at £20/month. I missed a single payment but contacted them straight away to try and bring the account back up to date. They refused to accept the £210 already agreed to and started chasing me for the full £430. I told them in that case i do not owe the money and will not pay anything.

I have since moved house a couple of times. I obtained a copy of my credit file and noticed a cci with a court date of july 2018 registered at a house i have not lived at for 2 years. Obviously i have not had any opportunity to respond to any court letters, as i didn't receive any notification. The address Lowell register the judgement against was never provided to them by me. I guess they must have found it on my credit file.

I contacted Lowell today and the court. Lowell have refused to remove the CCJ and have refused to accept the original amount agreed to be paid back. I said i would get some legal advice. What should i do? terrified!

Quentin

It's too late now to have the CCJ removed by simply paying it off.


The only way you can get it removed would be to win a set aside (costs you £255 in court fee)


Were you to be successful the claimant would then have to issue a new claim which you would then have the opportunity to defend in court


Bear in mind that the claimant can take enforcement action against you at any time now (eg bailiffs/attachment of earnings etc)

JossyDavey

Thank you Quentin.

is it right that it can be enforced without me actually receiving any notification?

[Deleted User]

You not updating your address with Lowell won't stand in front of judge for a set-aside claim.

You need to pay Lowell in full or setup a repayment plan with them.

Quentin

JossyDavey wrote: »

Thank you Quentin.

is it right that it can be enforced without me actually receiving any notification?

No.


But they can start enforcement proceedings at any time

JossyDavey

Great thanks Quentin and Gary.

That seems really unfair. I am willing to pay the money as soon as i was notified of the problem (through my credit file). Do you know if it is likely Lowell will be willing to consent to have the judgement removed if i pay the money?

[Deleted User]

No they won't be able to remove it.

It can only be removed if it was paid in the first 30 days of being issued.

But as above, since you didn't update Lowell of your new address it's not down to them to chase you down.

JossyDavey

The thing is they have chased me at my current address. I even sent their letter back to them with a note to say i do not accept that i owe the money. So i guess in a way i did notify them that i had moved address.

[Deleted User]

But you do owe them the money?

So why send them a letter stating you don't?

JossyDavey

it wasn't about me not agreeing that i owed them some money, it was that i dispute the amount i owe them. The balance is largely made up of interest and charges, which were applied to my account whilst i was in serious financial hardship. I made several attempts to come to a repayment arrangement which were all refused. Because i paid what i could, which included many missed m=payments, the account never defaulted, and the interest and charges built up.

[Deleted User]

Not much you can do now really.

There'll be more charges on there from the courts as well when the CCJ was applied