CCJ with Lowells but orig lender now agreed irresponsible lending

SallyCodd

Hi, i have been paying a ccj with lowells for 3 years and fighting provident in the meantime, i have finally had notification that it was indeed irresponsible lending.  So my question is, provident say the debts are to be written off and compensation is to be paid to me BUT Lowells have the debt and i have a ccj, where do i stand with lowells now? should they repay me my money and reverse the ccj?

sourcrates

No, in a nutshell, this has nothing to do with Lowell, the actions you complained about took place long before Lowell were ever involved in this matter, the usual course of events in these circumstances, is that the original lender should take the debt back from Lowell, they will then do as they have said, and any compensation will be paid by them.

You will still have the court judgement, you cannot simply remove a CCJ, its just not possible, there is a set aside process to go through, you may be able to get this set aside with consent, and provident should instigate, and bare the cost of this.

But this is somewhat complicated by the fact it was Lowell who took you to court, you should address the matter of the CCJ to Provident, it may be that you will be stuck with it, hopefully not, but you should be discussing it with them.

SallyCodd

Provident are in receivership of some kind so i guess that's another wall to climb, thank you for the info, much appreciated.

sourcrates

SallyCodd said:

Provident are in receivership of some kind so i guess that's another wall to climb, thank you for the info, much appreciated.

Yes, they are in a "scheme of arrangement" don`t expect much in the way of compo, I believe it may be around 5p in the £ most will be receiving.

On the flip side, your debt, and most everyone else's debt, has been written off, so not too shabby.

SallyCodd

yeah, i should be getting £666 but getting £22 instead lol, not fussed about it to be fair, i have contacted lowells and emailed over the letter i received so they can put me on the list of 'give me my money back' app the owness is for lowells to reclaim their costs from provident so you know thats going to be a struggle, its just fingers crossed now that it will all be removed and ccj retracted

[Deleted User]

It's "onus" by the way, not "owness" 

Lowells bought the debt, they don't reclaim costs from the lender they bought the debt from, they take a gamble on buying tonnes of debt for pennies in the pound and hope to make a profit overall by getting payments. The original lender closes off the account and has no further contact.

I wouldn't expect your CCJ to be retracted just like that, if Lowells took you to court and got the CCJ, they are the ones who would have to agree to a set aside and debt collectors aren't really known for being charitable.