Lowell's CCJ set aside guidance

pmcalinden

• Start Date: September 2009 
• Default Date: February 2015
• Date of CCJ: June 2018

Hi,

I have today identified a CCJ that has been filed regarding a debt owed to Vodafone for a defaulted payment of £250.I was unaware that this CCJ had been posted nor of the outstanding debt, I have since contacted the Northampton county court, Lowell’s, and Vodafone to obtain more information and all the correspondence concerning this account.

The court informed me that the address to which this CCJ was posted. This was not my address at the time of posting. I am sure I would have told Vodafone and another address does show on my credit report a "reported address" at this time. I have made a subject action request to Vodafone that will be processed within 30 days. I have made a subject action request to Lowell's that will be processed within 30 days. 

However, given that I have just identified the CCJ, and having spoken to the court I am conscious that the efficiency of my actions can effect the outcome of their judgment. It is my intention to file a N244 form.

I spoke to Lowell's, the informed me that the account was closed with a zero balance as a "goodwill gesture" with the caveat that "Please note that there is a County Court Judgement applied on the 4th June 2018. This will remain however there will be no further legal action whilst the account is managed by us." I find it odd that they are not pursuing the debt whilst I am actively communicating with them. I suggested I would like to work with them to get the CCJ set aside with consent and paying the amount in full. This was shot down straight away. 

The default is still being updated on my credit file monthly for the full amount despite a follow up email showing the account as closed as of June 2018, I have since written to them via e-mail, giving all the above information, outlining my intention to to file a N244 form with the caveat that I am still willing to work with them on a consent order, requesting a draft of this and committing to cover the £100 filing fee along with the subject action request. 

My question is, am I doing the correct thing? I am eager to get this removed from account, I believe I have decent grounds but the more I read and the more confused I am getting around making the claim. I am happy to cover what is a small debt but am worried that I could pour money down the drain by filing on my own and more still if I employ a solicitor. 

Apologies for the novel, I am just trying to get the information down so if I do get any guidance it will be appropriate and consumable. 

Any advice gratefully received. 

Many thanks 

P 

 

sourcrates

Hi,

A set aside by consent, obviously requires the claiments consent, you say "This was shot down straight away" so basically unless Lowell agree to it, its £100 down the drain.

The default will drop off your file next February, the CCJ June 2024, is there a particular reason why you want these removed from your file, loan application, renting problems, mortgage application ?

pmcalinden

Hi, 
Thanks for the responsible, read a number thread you have posted on and you do seem knowledgeable. 
I am in the process of saving for a house and also have worked/could potentially work again in the financial services, this would make this impossible. 

The shooting down of the consent order  was during a conversation on call which sounded like a standard response. Hence the follow up e-mail.  

They really did not have much to say about the account, barring the fact that it was closed with a zero balance and they would not be pursing. Given what I have read about their approach to debt, this sound unusual and it strike me that they may recognise something has occurred in the process that is incorrect. 

fatbelly

You have SARs coming from Lowell and Vodafone so you may find why they were so quick to drop this.

To get a setaside you really need:

• to act promptly (OK)
• have a reason why you did not defend the claim (OK)
• have a defence with a reasonable prospect of success (that's what you are looking for)

I have seen Lowell try to claim on a mobile phone debt and it was very clear that they knew virtually nothing about what they had bought, so the interesting SAR will be the Lowell one.

Best of luck.

pmcalinden

Thanks for the response. 

Anything’s I should be looking out for particularly when reviewing the SARS documentation? 

Many thanks

P

pmcalinden

Hi, 
Just going through some documentation that has been sent through to Lowell's. There seems to be errors -

We're writing to let you know that on the 27 November, 2015, your Vodafone account which has an outstanding balance of £250.88 was assigned to Lowell Portfolio I Ltd

The balance on your account is made up of the following:-

«PidetailsPiTrial»:- £«ZzmatterinfSiAmount5»
 «MatterCCpaymenttype»:- £«ZzmatterinfSiAmount6»
 = Total Amount Due:- £250.88

 I get that this is just a mail merge error but have they established the debt owed?  

Many Thanks 

P

 

 

pmcalinden

I also received this in 2016, two years before they registered the CCJ. It indicates that they amount due to them would be zero. Understand it suggested to contact them but the sum of £0 was received so surely they needed to update the credit file and show the account as partially satisfied? 

We want to help you pay off the debt that Vodafone sold to us by reducing the balance.

We are aware that charges and interest were applied to your account by Vodafone, so we would like to help you resolve your outstanding balance by offering you a discount of 40%. This means the amount that you would have to pay us is £0

To take advantage of this offer, you need to contact us by the 24/05/16 and either payinfull,ifyoucanaffordtodoso,orsetupanaffordablerepaymentplan.Callus OriginalAccountnumber on where an account manager will be able to help you.

Once the sum of £0 is received, we will update your credit file to show the account as partially satisfied and we will close your account.

If you do not hear from you by the 24/05/16, we will continue action to recover the full balance outstanding.

If you are struggling with debt, please see overleaf for details of organisations where you can get free, confidential and impartial advice.

sourcrates

pmcalinden said:

 I get that this is just a mail merge error but have they established the debt owed?  

Many Thanks 

P

 

 

They don`t have to establish anything now, a court has decided that, rightly or wrongly, you owe the money.

You have been incredibly lucky in that Lowell have chosen, for whatever reason, to not pursue this debt.

Once a court has made a judgement, the reasons why are academic, unless you choose to challange the judgement by setaside, and in that case there are laid down reasons why that will or will not succeed.

To be honest your starting to kick a sleeping Tiger, kick it too hard, it just might bite, personally I would thank my lucky stars and be quite satisfied with this result, but its your money, should you choose to continue, you need to find a defence to the claim, and so far i`ve not seen one.

pmcalinden

Appreciate the input. I am going to contest this, it is just dependent on the route to take that offers the most chance of success. I think the correspondence I received in May 16 is the best course of action, copy and paste extracts below.

Thankfully it's just so poorly written that I believe I could file a N244 on the basis of the debt not being owed by the time the filled the CCJ in 2018 and pursue costs. 

"We are aware that charges and interest were applied to your account by Vodafone, so we would like to help you resolve your outstanding balance by offering you a discount of 40%. This means the amount that you would have to pay us is £0."

"Once the sum of £0 is received, we will update your credit file to show the account as partially satisfied and we will close your account.” 

"If you do not hear from you by the 24/05/16, we will continue action to recover the full balance outstanding."