CCJ - Lowell / Provident

sweencat

Hello all first time poster just after some legal advice

Was issued a CCJ last year by Lowell for a Provident debt (approx £1,450). It went to court last November and was adjourned as the court had made an admin error by not entering the date my defence had to be submitted on the papers. It was adjourned until Jan 2019 and on the day I was let down with childcare so was unable to attend resulting in the judgement being obtained against me.

I paid up plus fees/court costs etc total of £1,891 within the 28 days so it would not go on my record and considered the matter closed.

Since then (April 2019) I have had a claim for irresponsible lending/affordability upheld by Provident for all my previous loans (of which this was one) and have been refunded all my interest plus 8%

I have this week received this letter from the courts saying that the original judgement has been set aside as new evidence has come to light that the account was sold in error by the original creditor

Am I due a refund from Lowell as the CCJ has now been set aside? I know if it had been set aside before I paid then I would not have had to pay it

sourcrates

No basically,

You still owed the capital amount, you only get the interest you paid refunded, plus you got 8% statutory interest.

So everything is now as it should be.

sweencat

If it had been set aside before the court date I would not have had to pay it though that is correct?

The letter from the court says there is to be no order as to costs, should I be due to costs back at least?

I am trying to upload the letter but it will not let me

sweencat

The letter says;

IT IS ORDERED THAT

1) The debt was assigned to Lowell Portfolio on or around November 2015 by Provident Peronal Credit LTD

2) Judgement was obtained against the defendant on 22nd January 2019

3) It has come to light that the account has been sold in error by the original creditor

4) FOr the reason set out above, the claimant request the judgement be set aside and registration removed under part 13.3 (1) (b) (i) of the civil procedure rules

5) Therefore the judgement on 22nd January 2019 is set aside and the registration shall be removed

6) There be no order as to costs

sourcrates

Yes, that just means the judgement has been removed.
When you win a claim for unaffordable borrowing, you get a refund of interest plus statutory interest @8%.

You still owe the capital you borrowed, that is not refunded, so in effect you got an interest free loan.

If you paid Lowell more than the amount of the capital borrowed, you should ask them to refund the difference to you.

You do not, ever, get a refund of the capital you borrowed.
If your still confused, ring the ombudsman and they will confirm.

sweencat

The capital amount was £1200. I have paid £1891

I have had loans written off in other cases when the DCA have been unable to provide documentation like credit agreements from the original creditor but wasn't sure with this

sourcrates

sweencat wrote: »

The capital amount was £1200. I have paid £1891

I have had loans written off in other cases when the DCA have been unable to provide documentation like credit agreements from the original creditor but wasn't sure with this

You should ask Lowell to refund the difference between those two figures then.

Having debts written off because a creditor has been unable to provide credit agreements is a different argument altogether.

sweencat

Hello, thanks for confirming. I wasn't expecting to get a refund of the capital, only the fees etc as per #6 of the letter I received from the court stating that no order for costs

sweencat

Hi, just an update. Received an order from the court to Lowell instructing them to refund me in full today

1. The Defendant has e-mailed the Court on 22 June 2019 (copy attached).

2. He states he paid the sum of £1891.16.

3. By order of 10 June 2019 at the Claimant's request judgment was set aside.

4. Surely if that is the case the entire sum paid must be refunded to the Defendant forthwith.

5. The Claimant shall respond to this order within 7 days of receipt and send a copy of their response to the Defendant at the same time.

Happy days

WhenIam64

Could we see the actual order. Take a pic and use a pic hosting service.