Ccj help!

Robyn182

Thank you.

He will call Lowell’s tomorrow to get a full breakdown of how it has reached this figure. At the moment we are just having to go off what we he has been told over the phone. Nothing in writing as yet.

If we do have to contest it in court how is this done?

Robyn182

We will find out more tomorrow I guess....

xlnc99

If you contest in court then you fill out the N244 form and send it off with the fee £255 and wait to hear back with a court date. Google how to fill in the form or look on this forum. Leagle Beagles is probabbly a better forum for legal advice, 1000's of people in similar situation and all sorts of templates on there to use. Plus the people on that forum are legal experts so would no better.

Truth be told ive always gone down the consent form route so have a look at leagble beagle for expert advice on set aside

sourcrates

Lowell are a debt purchasing company they do not add fee’s to the debts they buy.
Once a debt defaults no further fee’s or interest can be added to any debt that is subject to the consumer credit act.

There are only two reasons why the balance could have risen so dramatically, either it is an error, or the account did not default, and Tesco, then Lowell, have been charging you interest as per the original terms of the agreement.

This is something we are seeing more of in recent months, I would suggest a SAR to both companies if the information is not forthcoming.

Robyn182

xlnc99 wrote: »

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

xlnc99 wrote: »

If you contest in court then you fill out the N244 form and send it off with the fee £255 and wait to hear back with a court date. Google how to fill in the form or look on this forum. Leagle Beagles is probabbly a better forum for legal advice, 1000's of people in similar situation and all sorts of templates on there to use. Plus the people on that forum are legal experts so would no better.

Truth be told ive always gone down the consent form route so have a look at leagble beagle for expert advice on set aside

Ok good to know. Once we find out the full details of the debt and how it has amounted to £5,900 we will be in a better position to know next stages.

Robyn182

sourcrates wrote: »

Lowell are a debt purchasing company they do not add fee’s to the debts they buy.
Once a debt defaults no further fee’s or interest can be added to any debt that is subject to the consumer credit act.

There are only two reasons why the balance could have risen so dramatically, either it is an error, or the account did not default, and Tesco, then Lowell, have been charging you interest as per the original terms of the agreement.

This is something we are seeing more of in recent months, I would suggest a SAR to both companies if the information is not forthcoming.

Thank you- that’s really useful to know and I guess will know more once they give us further details. This might be a silly question but do Lowell’s negotiate if the fees have been added on unfairly and agree to a consent order?

xlnc99

sourcrates wrote: »

Lowell are a debt purchasing company they do not add fee’s to the debts they buy.
Once a debt defaults no further fee’s or interest can be added to any debt that is subject to the consumer credit act.

There are only two reasons why the balance could have risen so dramatically, either it is an error, or the account did not default, and Tesco, then Lowell, have been charging you interest as per the original terms of the agreement.

This is something we are seeing more of in recent months, I would suggest a SAR to both companies if the information is not forthcoming.

The only question mark i have is that ive not heard of an account not to default past the 6 month mark ever. Usually its before then, so that still would not explain 4.5k in fees over a maximum of 6 months for a 1500 debt. Doesnt add up

[Deleted User]

Forget the consent order.

Put in a SAR to Lowell’s and the original creditor to ascertain where the charges have come from.

Robyn182

!!! wrote: »

Forget the consent order.

Put in a SAR to Lowell’s and the original creditor to ascertain where the charges have come from.

What’s a SAR?

xlnc99

SAR will take 30 days for each person to respond. Will be too late. Better of phoning them and just asking them and telling them to send you an email with a breakdown. No need to go down the SAR route, too time consuming for just a little bit of information which they will give you