Unexpected CCJ

Spongebob64

In 2014 I entered into a Tomlin Order with Bryan Carter Solictors who were acting on behalf of Lowell for a debt relating to Lloyds bank for approimately £2000. The monthly amount was £50 which I paid on time for the first 22 months, the last payment was made in February 2016 using the payment system on Bryan Carters website. When I attempted to make a payment in March 2016, the account showed £0 left to pay with anote stating "account returned to client". The option to make any further payments had also been removed, so I was unable to make any further payments via their website. I contatced Bryan Carter to query this and I was told there was nothing left to pay (or words to that effect) and I also recived a letter stating that the account had been returned to the client which unfortunately I am unable to locate now trying to locate.

Since then I have had no contact regarding this until this morning when I received a judgement against me stating that I had failed to comply with the Tomlin order and to pay the full amount in instalements of £100 per month.


I tried speaking to Lowells yesterday and explained to them that Bryan Carter Solicitors had returned the file to the client, but I didn't get very far. All they said was that Bryan Carter no longer existed and the information had not been passed on to them, so as far as they were concerned I was in breach of the Tomlin Order and would need to start making payments.



Please could someone advise me what I should do, The simple fact is that apart from having no warning about the CCJ and no contact regarding the debt, I would have continued paying the agreed amount to avoid the CCJ.

[Deleted User]

Did you not contact “the client” back then to confirm the account was back with them and to arrange a new payment plan with them?

If you chose to ignore it then I see why they have gone for a CCJ

Spongebob64

I didn't choose to ignore it as I remember calling Bryan Carters at the time, who said I didn't need to take any further action. Also, if the account was returned to Lowells, wouldn't they have contacted me at least once during the previous 4 years?

[Deleted User]

Did you move at all?

If you didn’t update them with your new address then they won’t be able to write to you

Spongebob64

No, I didn't move. I'm still at the same address

Spongebob64

bump


Can anyone offer any advise?

[Deleted User]

Spongebob64 wrote: »

bump


Can anyone offer any advise?

Yup - pay the CCJ

Spongebob64

My query isn't about the debt itself, which I had agreed to pay as detailed in the Tomlin order. My argument is that I was paying payments via the Claimants solicitors website until I was told by the claimants solicitors that the file had been returned to the client and I didn't need to take any further action. There was no option to make any further payments via the website as I tried. My actions have been based on what I have been told by the claimants solicitors and I would have quite happily continued to pay the debt as agreed to avoid the CCJ.

[Deleted User]

Then you should have contacted the client to confirm this.

Do you have this in writing?

Spongebob64

I had a letter from Bryan Carter stating that the account had been returned to the client and showing a balance of £0, which matched what was on the website. I'm currently, trying to locate the letter which I am sure I still have.


The letter didn't contain any information regarding any further action I should take or that Lowells would be in touch. I would certainly have followed any instructions if they had been provided or if Lowells had contacted me.


From my perspective, I haven't tried to avoid paying the debt and would have continued to pay it to avoid getting the CCJ in the first place.

[Deleted User]

So the account was closed/returned from BC and marked as £0 owing - this is correct as the account had been passed back, so BC will show a zero balance.

The "client" would have the account with £xxxx owing on it as the balance.