Backdoor CCJ from Lowell

Angrycarbuyer

Having checked my credit file, what I feared would have happened has actually happened. 

I have a CCJ from Lowell at an old address dated November 2020. 

Having spoke to Northampton county court the CCJ is for 2 different accounts, one with Vodafone and one with BT. I had previously complained to Lowell about issuing a string of 4 defaults on my account for these 2 accounts, and disagreed that I owed the money. I asked for the final bills from the accounts to get dates etc but the complaint ended with them saying that they believe they acted fairly. 

So Lowell and I had been communicating regarding this debt for some time over email. Yet I had no notification through this primary channel that they intended to pursue this debt through the court. 

My credit file has my current and correct address listed and has done since I moved house in March 2020. As mentioned the CCJ is dated November 20. Incidentally Lowell have sent me emails since with my correct address in the body. The closest I could find was December 2020. So it seems they had my correct address and intentionally sent it to the old one. The address they sent it to is not the last address they had on file for these accounts either, so they have done their "due diligence" in finding my up to date address, then sent it to the last one before it for good measure! Thanks Lowell. 

I intend to contest this in court and am in the process of drafting a N244 at the moment on the grounds that I never had opportunity to defend this debt, and that I dispute that I owe the money, as evidenced by complaints with Lowell. Have the complaint reference numbers and everything from the time. 

The thing is the judgement amount is for £570 and the N244 is going to cost me £255. I don't know whether it is worth writing to Lowell and saying, look I don't owe this money but if you draft a consent order and get it set aside then I am willing to pay it just for an end to the matter. Otherwise I intend to claim the £255 back as costs at the rescheduled hearing. 

What do you think? How likely are they to agree? How can I be sure that if they do agree they will stick to their words and send a consent order to the court. Does a consent order always result in the CCJ being removed? 

Sorry for the 20 questions I have done quite a bit of reading on this before but the info around consent orders is a bit muddy. 

I would just fight it in court but I work for a company regulated by the FCA and am a "responsible person" so if this is flagged by HR I would lose my job. 

sourcrates

Typical behaviour from Lowell, happens a lot unfortunately.

You would perhaps, be better off, given your circumstances, talking to Lowell, to see if they would agree to a consent order in return for full payment.

I would run my situation past National Debtline first of all.

Angrycarbuyer

Cheers Sourcrates, 

I have sent them an email today to this effect. I noticed another email from Overdales Solicitors with Lowells CCJ reference on too, I only realised that this reference relates to this CCJ after calling the court today. This was sent to me this month so I have forwarded it to them and told them to pass it on to their client. 

How long do I give them to respond before firing off the set aside form given that it has to be done in a "timely" manner? 7 days? I will send follow up letters as well this afternoon. I hate talking on the phone to these people. 

Angrycarbuyer

Just a quick update to this. They refused consent and an offer of payment for the consent. So I filed an application to set aside which was today granted on mandatory grounds and costs awarded.

Well chuffed. 

EssexHebridean

Angrycarbuyer said:

Just a quick update to this. They refused consent and an offer of payment for the consent. So I filed an application to set aside which was today granted on mandatory grounds and costs awarded.

Well chuffed. 

This is great news, well done!