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Ccj help!

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Comments

  • Ben8282
    Ben8282 Posts: 4,821 Forumite
    1,000 Posts Combo Breaker Newshound!
    Robyn182 wrote: »
    She said they had a court order to take £50 a month from him! She’s emailing him a proper break down of the fees and she said as a good Will gesture she’ll give him 14 days to pay before setting the bailiffs on us. He’s on the phone to the courts now to tell them he wants to apply to set it aside but worried about the time scales. These guys are absolute crooks and I don’t know how they sleep at night.

    If she had such a court order it would have been forwarded to you. She is a liar.
  • xlnc99
    xlnc99 Posts: 1,673 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    dont worry about the baliffs. Empty threat as previously said. Not sure how they can obtain this court order for £50 a month - i think thats nonsense aswell.

    You need the breakdown of fees then you need to get back to them once you got the breakdown
  • xlnc99
    xlnc99 Posts: 1,673 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    if they are being akward and rude to you its unlikely they will grant a consent order unless its for the full amount of 6k. There is no way this is a 6k debt from what you have told us so there is no point of going down this route as they wont sign anything. First thing is first you need to get the amount sorted with lowells and then take it from there
  • Ben8282
    Ben8282 Posts: 4,821 Forumite
    1,000 Posts Combo Breaker Newshound!
    edited 25 October 2019 at 6:03PM
    Robyn182 wrote: »
    Unfortunately it’s not SB as he last paid it in Nov 2014 which was when he moved house.

    I see. Forgive me. I was assuming that your previous answer was correct. The date of the last payment and the date he moved house has now changed by two years!.
    Robyn182 wrote: »
    Sorry if you think I “avoided” answering the question.
    He has never spoken to anyone from the debt agency. The last payment he made was 2012, then he moved house so had no further contact with anyone about it...until he was told about it last week from our letting agent. We even had a mortgage in principle 2 weeks ago also.

    It’s a really scary time and we don’t know what to do for best.

    No. Wait a minute. The last payment and house move was was in 2011 ….
    Robyn182 wrote: »
    1.Because he’s forgetful...it was also back in 2011 and I think he sold his house and because he wasn’t chased for it he forgot- all post went to old address
    2.last payment was in 2011
    3.the original debt was bought by a company and they added a load of fees on to it...
    4.the ccj states the fee is £6k

    Also the amount of the ccj and the amount of the fees keeps changing as well.
    The OP originally states the ccj was for £6k.
    Robyn182 wrote: »
    . The original debt was £1500 but is now told its £6k due to all the fees.
    Then the OP says the fees were £6k
    Robyn182 wrote: »
    4.the ccj states the fee is £6k
    But we are also told that the court said that the ccj was for £1500
    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?

    But this post appears to be yet another contradiction
    Robyn182 wrote: »
    So we spoke to Lowell’s finally today. They were pretty horrible and quite scary. They said now that’s he’s contacted them if he doesn’t pay within 14 days they will send the bailiffs round to us.

    We found out the original debt was just shy of £2000, £1700 interest and the rest legal fees. It’s now really scared us as if we try to set aside this ccj it will take longer than 14 days.

    Can anyone offer any advice?

    Thanks

    There is also the uncertainty around the date and amount of the default. If, as is now claimed, the last payment was made in Nov 2014 and on the assumption that the default occurred subsequent to this, this account and the default will still be visible on the credit files of the OP's partner. The amount and date of the default can therefore be easily established.
    Robyn182 wrote: »
    .until he was told about it last week from our letting agent. We even had a mortgage in principle 2 weeks ago also.
    This is also curious. Despite the existance of a post Nov 2014 default and a ccj issued in Jan 2019, the OP and partner were able to obtain a mortgage in principal TWO WEEKS AGO and were unaware that anything was wrong until they were informed about the exiustance of the ccj by a letting agent last week.
  • Robyn182
    Robyn182 Posts: 29 Forumite
    Fourth Anniversary 10 Posts
    Thank you for your detailed response.

    My first post was within 30 minutes of finding out about the CCJ so please excuse the fact that the intial information May ha changed as I have found out more information and we have done more searching. I haven’t purposefully gone out my way to provide any wrong information, it’s just the more we find out the clearer it becomes.

    Original debt £2000
    Lowell’s want £5,900 which is made up of interest and fees.

    Lowell’s said they are sending us a break down of fees. We also spoke to the courts and citizens advice bureau who have recommended we apply to set aside the fee as quite frankly Lowell’s don’t seem to give a s**t about any form of discussion or negotiation, they simply want to scare the cr*p out of people.

    The original loan was taken out in 2011 and my other half moved house in 2012. He looked back into his finances and saw he was still paying it in 2014 (Nov) when he moved again and this was the last time he paid it.

    With regards to the mortgage application, I don’t know why it didn’t come up on that original search and yet it came through on a tenancy check. My mortgage advisor said some agencies use different companies to check it. We now have an credit karma and experian account which now clearly shows the CCJ on it.
  • boo_star
    boo_star Posts: 3,202 Forumite
    Part of the Furniture 1,000 Posts
    Robyn182 wrote: »
    The original loan was taken out in 2011 and my other half moved house in 2012. He looked back into his finances and saw he was still paying it in 2014 (Nov) when he moved again and this was the last time he paid it..

    It's not Statute Barred then. What reason are you going to give for a set-aside?
  • Ben8282
    Ben8282 Posts: 4,821 Forumite
    1,000 Posts Combo Breaker Newshound!
    edited 27 October 2019 at 5:08PM
    And the credit card has now turned into a loan …….

    This thread has completely lost all credibility.
  • Oh dear. The thing about the truth is that it's all there - it's known - it's happened - it fits with everything around it. Anything but the truth has to have all of its 'ins and outs' carefully crafted to fit, or it all falls apart. Now, I'm not saying this thread isn't 100% truthful, but it is very hard to believe.
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