Ccj claim

magpies79

Hello so as the title says my wife who hadn’t  told me has received this letter we have talked it over on hiding this debt and how in future we should be open if we ever fall behind on something as it’s much more easy to sort out if we know what the problem is.

anyway I’m trying to sort this as it’s a debt she owes and it needs paying I definitely don’t want her to end up with a ccj.

so my question is I can pay half now and the other half in 2 weeks if I rang them up would this be something they’d be willing to do to stop the claim appreciate it’s maybe a ring up and find out but just any heads up on if this is possible would be great I know we could let the claim go a head and just pay off within a month but rather it not get to that. 

(Image removed by sourcrates, reason - personal info)

fatbelly

Issue date 11 Sept
Service date 16 September
Therefore acknowledge service by 30 September
Defence in by 14 Oct

You can pay it off at any time, but it's probably defendable. Legal Beagles used to be good for help and templates. Just checked - all the resources are still there. Note the poc doesn't state when the account was opened, when the last payment was, when the D N was issued.

JDW are notorious for failing to get a signed agreement and lowell often buy statute barred debts.

Good luck!

Please note if you haven' t set up an online account on this one you' ve given enough info for a viewer to do so, and you you won' t be able to reverse what they do

[Deleted User]

Hi,

maybe you should hide other information.

Floss

frugalmacdugal said:

Hi,

maybe you should hide this:

Perhaps you'd like to delete that info from your post too?!

[Deleted User]

Hi,

yes, was waiting for OP to respond, but will do it now and send him a message, thanks.

sourcrates

I would say you had a good chance of defending this one OP.

These catalogue companies were/are notorious for not obtaining signed credit agreements, I would ask for the evidence they intend to rely on in court.

Its actually a no lose situation for you, if you defend the claim and lose, but pay the debt in full within 30 calendar days of judgement, the CCJ is removed from credit files, so you may as well fight Lowell on this one.

It also gives you time to get the money together should you have to pay it.

magpies79

Sorry was at work and posted up quick so appreciate it being deleted she told me she did have a payment plan in place as recently as last year as was paying £85 a month but stopped with regards the fighting it she’s definitely spent that money and im of the view it should be paid rather then contesting it just wished she had said before any courts costs were added as would of been £75 less to pay.

im assuming I still have to pay them court cost regardless if we pay it before going to court as they have started proceedings already?  I plan to ring then Monday

fatbelly

You could bang in a defence and then do 'without prejudice' negotiations.

sourcrates

It`s kind of admirable that you feel that way, but her original contract was with the catalogue company, who basically sell overpriced goods, at sky high prices, and silly rates of interest, no doubt they will have had their money back, and written the account off for tax, then gained again from the sale to Lowell.

Lowell will have bought this debt for around 12p in the pound, so really all you will be doing is increasing the profit margins of a company that benefits greatly from the financial misery of others.

Obviously it`s your call, but you should never allow a company like this to dictate to you, when a simple defence to the claim could put them firmly back in their box, if you win, give the money to charity, don`t give it to Lowell, just my thoughts.