Ccj help!

xlnc99

!!! wrote: »

Of course they can.

There would be late fees, over-limit fees, interest etc.

It will all amount up to a substantial amount.

Incorrect......

xlnc99

Robyn182 wrote: »

Thank you all for your responses. We not are expecting to get out of paying the original debt. The person at the county court told us it was £1500. The company who has got the ccj against him is Lowell’s solicitors.

The replies to my post have been different, can anyone advise what our next steps should be. If the ccj was placed in jan 2019 can we get a consent order to have it removed and then pay the original debt off?

So it is indeed £1500 and not 6k. Where did this random 6k figure come from?

Contact the lowell solicitors, explain the situation. Tell them you want a constent order to remove the CCJ from file and will make payment 7 days after the CCJ is removed.

Should be straight forward. They will do everything for you, you just need to sign the consent order agreement and send it back. They will add £100 for court fees on the debt owed

Robyn182

I’ve done some further research and it seems as though ‘setting aside’ the ccj with an N244 form seems like the better option on the basis that he had no correspondence or notice of the judgement being made or any letter from the court of the court date. Would this be correct? He has checked his bank statements and can see he last made a Payment in Nov 2014- at that point he had moved house and got not further comms from anyone. Should we get a solicitor involved to draft the N244 as it looks a little complicated?

xlnc99

I will make one final contribution to this thread as you seem to be ignoring me advice which is the same situation i have been in as your husband, First of all, i am not sure if this is a wind up thread or not as you still havent given an answer to why you said it was 6k according the judgement then magically changed to 1500. It will probably be more then 1500 adding on some fees i.e court fees. So not sure if i believe you.

On the chance you are telling the truth and as this is a forum which has helped me many times i will too try and help.

Your research is not correct.

You need to contact lowell tell them to fill in a consent order form. They will do everything and you sign the form and they will add £100 on top of your balance. The judge may grant this due to your circumstances and you will need to pay the full balance usually within a month after the CCJ is removed. There is no need for a solicitor or a hearing to court.

Alternaviely you can go with the set aside route which means you have to pay £255 instead of £100 and then go to court for a hearing to explain why it should be set aside. This could take months. If the judge rules against you then your stuffed.

My advice is go down the consent order route first and then if it doesnt work go down the set aside route. 9/10 if your telling the truth the consent order should be good enough.

Your choice what to do.

[Deleted User]

xlnc99 wrote: »

Incorrect......

Why is it incorrect, oh knowledgeable one?

[Deleted User]

OP - what is you defence for a set-aside?

Did your husband inform the creditor of the change of address when you moved?

Robyn182

I appreciate your response so thank you, but you don’t need to be condescending towards me.

This is the first time in this situation and on a forum like this so excuse my error, please don’t be rude.

This is 100% happening in my life right now, this is not a “wind up”.

The original debt was with Tesco credit card amounting to £1500-. Lowell’s bought the debt and has added on their fees. We found this out on Monday, as yet we don’t have a break down of this as yet. We were advised by the courts the original debt was £1500. The ccj that is sat on his report stayed £5,900.

He last made a payment in Nov 2014 which is the month his relationship broke down with his ex partner and mother of his child. He left the property then, and human error he didn’t keep up the payments or change his address with Tesco’s so I guess at this point it went into arrears.

If we ask Lowell’s to a consent order will he have to pay the full £5,900? This seems extreme.

xlnc99

Lowell has added 4.5k in fees. That is not right. Before you do anything you need to contact Lowells and get a breakdown of the debt. I have never ever heard of a debt collection agency adding on fees to that amount if any apart from the odd court or admin fees. Someone with more experience about debt collectors fees can answer that better then me but in my experience ive never heard or come across of an instance of 4.5k in debt collection fees being added on.

If you ask lowell consent order then yes you will have to pay the full £5,900. But that applies if you lose the set aside judgement aswell. However, before you make any decisions we need to know the facts. You need a breakdown of the debt. Do not go for a consent order if they have added 4.5k fees as you may not be liable to pay this all. I was under the impression the debt was £1500.

This is now tricky as you need to first figure out how you got the 6k in the first place as the problem here is the judgement fo 6k is already made against you so at this moment in time you OWE that much regardless. Looks like you may need to contest this in court.

xlnc99

what i dont understand here is how can the court advise you the original debt was £1500. They would only know the how much the judgement figure was for including court fees which is 25 pound of a CCJ application. The court should only know what the judgement amount was for which is £5,900. I am not sure how the court got £1500 and how Lowells got £6k. There is a big discrepancy here somewhere and it looks like a big mistake has been made somewhere along the line

fatbelly

Ben8282 wrote: »

From the information provided the debt would appear to have been statute barred at the time the ccj was obtained. The ccj can therefore be challenged on those grounds but be sure of your dates.

For a successful challenge on those grounds there would have to have been a clear six years with no interim acknowledgement between the default date (not the date he stopped paying) and the date of the court claim (not the date of judgement).