Lowells

Jodie1905

Upon applying for a mortgage I found on my credit report a CCJ from Lowells (a debt purchased from Lloyds).
I have approached both Lowells and Lloyds for evidence of this 'debt' and neither have been able to provide any evidence that the debt relates to me. What can I do in this situation?

On top of this Lowells had TWO other accounts in my name, defaults, which they have removed and compensated me for as they again had no evidence of the debts being mine. But they are unwilling to accept that the CCJ is not mine either.

What advice can anyone provide to help me in this situation?

Thanks

[Deleted User]

Contact their complaints team and if they don’t comply contact the FOS and/or ICO.

FestiveJoy

Jodie1905 wrote: »

Upon applying for a mortgage I found on my credit report a CCJ from Lowells (a debt purchased from Lloyds).
I have approached both Lowells and Lloyds for evidence of this 'debt' and neither have been able to provide any evidence that the debt relates to me. What can I do in this situation?

On top of this Lowells had TWO other accounts in my name, defaults, which they have removed and compensated me for as they again had no evidence of the debts being mine. But they are unwilling to accept that the CCJ is not mine either.

What advice can anyone provide to help me in this situation?

Thanks

Tell it to the judge

The CCJ against you is all the evidence they need as to the fact you owe them the money.

So you'll have to try to appeal it if you still don't accept it.

Be quick, because it's as it's a court judgement, and you presumably have not paid it within the allotted time (usually within 28 days), bailiffs may be on their way with a live writ to enforce it.

sourcrates

As above, once legal action has been taken, it removes the requirement to provide any evidence the debt is yours, as a court has deemed that it is.
Lowell (virtually) never further enforce county court judgements, but your only way to remove it now is to apply for a set aside, however, you must meet two requirements :


(1) you must have good reason why you did not respond to the claim form

(2) you must have a defense with a reasonable chance of success.


You must also be prompt, if your still within 30 days of judgement, you can pay it off in full, and then it will be removed automatically, otherwise, for a set aside, you must apply as soon as possible, there is a fee of £255 though.


Court form N-244 for a set aside, EX-160 for possible remision on the fee.

TripleH

Is it worth doing a SAR request to Lowells? If they have a person mixed up with someone else and sent the papers to a completely unrelated address I assume the paperwork would show this?

I am curious, in a situation where you can demonstrate that a CCJ was clearly issued against the wrong person do you still suffer the hit of the set aside fee? I am not saying this is a defence for everyone, but am sure human error is possible.

SimonBck

I have 4 markers on my credit report for Lowell's. Two are UC (dmp) and then one OK and then one ST from 2017, debt was £500. Will these markers harm any mortgage application? I cannot find what debt this Lowell's account is linked to as I have lost correspondence from them. Also there is no link to the original debt on my credit report. Would they be able to tell me over the phone?

[Deleted User]

SimonBck wrote: »

I have 4 markers on my credit report for Lowell's. Two are UC (dmp) and then one OK and then one ST from 2017, debt was £500. Will these markers harm any mortgage application? I cannot find what debt this Lowell's account is linked to as I have lost correspondence from them. Also there is no link to the original debt on my credit report. Would they be able to tell me over the phone?

You can ask them to provide the correspondence again

xlnc99

As others have said - IF you are 100% certain the CCJ are not yours then i would apply for a set aside. Before doing that i would email lowells/ccj and in email and writing letting them know that you are know the following:

Tell them you have asked them repeatedly to provide proof of this CCJ against yourselves and they have ignored you. Tell them this CCJ and debt has nothing to do with you. Tell them about the previous compensation they have given you for mistakes made against your file. Tell them how it is effecting you financially and the stress its causing you etc etc

Finally tell you have spoken to a legal advisor who has advised you that if the set aside is successful then they maybe liable for a legal costs involved including solicitor fees costs and application cost

This should do the trick and get a response from them. The will most likely cancel it themselves and pay everything towards it

ONLY IF you are certain this debt is not yours