Managed to get CCJ set aside

Michael23

I do know they never updated it. I found out about the CCJ last month via a credit check I done on Clearscore. There was a default with Lowell for the same amount. When I called Lowell, because I couldn't provide the correct address I answered another security question then asked what address they have.

boo_star

Michael23 wrote: »

I do know they never updated it. I found out about the CCJ last month via a credit check I done on Clearscore. There was a default with Lowell for the same amount. When I called Lowell, because I couldn't provide the correct address I answered another security question then asked what address they have.

Fair enough.

They may of course have not believed that an email was a sufficiently secure medium to initiate an address change from, although perhaps they could have told you that.

Either way I doubt the ICO will give two hoots about an instance of an address not being updated.

Michael23

!!! wrote: »

They could still pursue the debt at your correct address.

And I’m guessing that you do indeed owe the money and morally know about it?

Yes i know about the debt. It relates to an old phone bill from 2014 for around £80. I was never contacted till 2017 by Lowell and I instructed them via email to only communicate in writing and provided my new mailing address for it to go to and I never heard anything since that point so naturally didn't do anything about it.

D_M_E

If you work in finance, will having a CCJ on your file affect your employment?

Michael23

D_M_E wrote: »

If you work in finance, will having a CCJ on your file affect your employment?

I've been with my current employer since 2015, the CCJ was issued in March this year. I'm unsure if it will impact my employment, not even sure if I want to mention it either. Can't imagine my employer conducting regular credit checks on employees. I know that they performed one at the start of my employment.

[Deleted User]

Get the CCJ removed by all means.

But pay what you do indeed owe.

Alexis95

Michael23 wrote: »

Hi,
I got issued with a CCJ back in March. Lowell passed the debt to BW Legal and they took it to court. I didn't receive the document from court to defend myself as I wasn't resident at the address they had. As I noted in my request to the court to set aside the CCJ, I notified Lowell of a change of address for myself in 2017 and clearly, they never changed it and I provided the court with the email proof.

I received a letter from BW Legal today and they have consulted with Lowell who have consented to the CCJ being set aside. Attached was a consent order that they wanted me to sign. It reads as follows:

Upon the parties having reached an agreement as to the settlement of the above claim.

BY CONSENT IT IS ORDERED THAT

1. The default judgment on 5th March 2019 be and is hereby set aside.
2. The registration entry be and is hereby cancelled.
3. The claim be dismissed
4. The be no order as to costs.

and then goes on to ask for a signature from both parties.

My question is, does this mean that the original debt has also been cancelled and they will not pursue me or just the CCJ?

If this thread proves anything, it is not to look to the internet and anonymous forums to seek legal advice.

Sadly, much of the responses you have received to date is at best, misleading, and sometimes simply wrong.

What you are being asked to sign is, presumably following your application that I think cost you £155 (possibly more if theer was a hearing to decide the application), an agreement to set aside the CCJ by consent.

The court believes that agreement has been reached amongst the parties that you will settle the claim previously made against you.

To that end, the court has ordered (in my words):
1. The CCJ from 5th March 2019 is set aside. It was a default judgement due to your failure to respond, which realtes to an adddress issue.
2. Any record of the CCJ is cancelled.
3. No later claim is to be made or resumed in this matter as the court believes you have agreed to settle what is claimed as owed.
4. No one gets anything by order of the court. So you have lost your £155 or whoever much you paid the court to make the application.

So not only do you owe the claimant what they said you did, but you are also £155 down due to the fee you paid the court which you will not get back.

As a moneysaver, you should have paid the dent owed at the time. You didn't need a court to tell you that, and the court believes you plan to pay.
Even if you did require the court to decide, if you paid what was owed in 28days, there would have been no CCJ on your record.

The only resaon for having spent £155 imho would have been if you were totally unaware of the fact you owed the debt in the first place AND didn't get any of the paperwork before litigation AND failed to receive the court documents AND somehow came across the default order after the 28 days had elapsed in which you were allowed to pay with no record attached to your credit file etc. AND so didn't pay within that timeframe

But we are where we are. If you don't agree with the court order as it is written, or even are unsure what it is you are being asked to sign (whiuch is presumably why you started this thread), please go and seek independent legal advice.

Michael23

Alexis95, You're missing the point. You say: 'if you paid what was owed in 28days, there would have been no CCJ on your record' As my original post says. I did not receive the court documents because they were sent to the wrong address if I'd of received the court documents, I would have settled the matter to avoid the CCJ.

Willing2Learn

@Michael23 - Well done on the set aside!!

Are you planning to contact Lowell to arrange a payment plan for the account? If you are, then I suggest you do this in writing, via Royal Mail, so that you have a paper trail.

Michael23

Willing2Learn wrote: »

@Michael23 - Well done on the set aside!!

Are you planning to contact Lowell to arrange a payment plan for the account? If you are, then I suggest you do this in writing, via Royal Mail, so that you have a paper trail.

Thank you. As my previous post says, I'll be pursuing a complaint for years of posting my mail to the wrong address and the headache caused with the CCJ, If nothing comes of that then I'll settle the account for sure. The original default will come off in a year anyway so it's not causing too many issues at present.