Precarious Position After CCJ set-aside

getittogether95

Hi all,

I had a CCJ entered against me last year for a £430 Capital One debt (now owned by Lowell, with Overdales acting). 2 days ago I had it set aside under CPR 13.3 due to exceptional circumstances (I was in an abusive relationship and didn’t receive the claim, and the debt was accrued under coercive control and economic abuse.) I provided evidence including a police report and DMHEF.

At the hearing, the judge set it aside and noted that both limbs of 13.3 were met. Overdales had already written to the court confirming they wouldn’t attend or enforce, but that they oppose the set-aside. She set-aside anyway and she gave no directions after setting it aside. Just told me it’ll be removed from registry and I’ll get the order as proof. 

Now I’m left in limbo. The CCJ is gone (waiting on the order), but I’m unsure where that leaves me:

• Does the claim just sit there stayed now?
• Could Lowell revive it at any point, even months from now?
• Do I wait to hear from Overdales or Lowell?
• I want to engage and ideally seek a write-off due to vulnerability, but I’m scared that contacting them will push them to reissue the claim. 

Lowell have written off a different debt of mine due to the circumstances and removed the default but said they couldn’t on this one because of the CCJ. Well… that’s now gone. 

I’d appreciate advice on how to proceed without triggering litigation again, but still move towards resolving the debt.

Thanks in advance, it’s been a long road.

fatbelly

The claim is still live, it's just that it's been rolled back to the pre-judgement stage.

I would expect the court to write to you with a timescale for submitting your defence

And so I would start talking to Lowell about the write-off. 

getittogether95

The problem is Lowell just say they can’t do anything because the account is with Overdales. But I know they’re essentially the same. 

I explicitly asked the judge if she was giving directions and she said no. So it feels a bit of a limbo. Would that info be on the judges order? (A timescale) 

I just don’t want to provoke Lowell into re-opening the claim if it has been stayed. 

fatbelly

See what you get in writing from the court

ManyWays

I suggest a comlaint to Lowell giving details of vulnerabilty ((I was in an abusive relationship and didn’t receive the claim, and the debt was accrued under coercive control and economic abuse.) and ask for them to write off the debts.  It may not be their policy to write off debts that are with solicitors, but there is no reason why they should not. Say the delay is stressful and not helping you to recover from the economic abuse. Send a complaint to the ombudsman if Lowell rejects it. 

getittogether95

@ManyWays - thanks for your response. The problem is they already have the full details of the abuse and have written off a different one I held with them, but this one they act as if they cannot do a thing due to overdales being involved. Now that the CCJ is set aside it gives them one less reason not to cooperate. 

As soon as I get the court order I’ll contact them and ask them to recall the account from Overdales. They’ve previously told me that only Overdales can give the account back and that they can’t ask for it back which is a load of rubbish. 

fatbelly

I thought that they wouldn't do it 'because there is a ccj on it'

That has some logic because you had a chance to make your pitch on it. Except you didn't, because you did not see the claim form, and the court agreed.

Now you will be making your defence to the court and causing more hassle for them

That gives them a reason to be helpful


If you want to wait for the court letter, that's fine. You should get it 1-2 weeks after the hearing

DankVielen

getittogether95 said:

The problem is Lowell just say they can’t do anything because the account is with Overdales. But I know they’re essentially the same. 

I explicitly asked the judge if she was giving directions and she said no. So it feels a bit of a limbo. Would that info be on the judges order? (A timescale) 

I just don’t want to provoke Lowell into re-opening the claim if it has been stayed. 

All that has been stayed is the Judgement, presumably because you were not there to receive service.

Now they have to find your current address and effect service, if you are in a refuge you should not be giving your address to anyone.

Whether you decide to engage with them is up to you, if you email them then they may have an argument that service by email was adequate.  Some mail providers allow you to bounce emails from certain domains or email addresses.

So without further information this is a wait and see game, wait to see what paperwork the Court sends (what address do they have) and wait and see what Lowell do.

getittogether95 said:

@ManyWays - thanks for your response. The problem is they already have the full details of the abuse and have written off a different one I held with them, but this one they act as if they cannot do a thing due to overdales being involved. Now that the CCJ is set aside it gives them one less reason not to cooperate. 

As soon as I get the court order I’ll contact them and ask them to recall the account from Overdales. They’ve previously told me that only Overdales can give the account back and that they can’t ask for it back which is a load of rubbish. 

I had two debts with Lowell, the commission hungry leech assigned to one debt over £10k was completely different to commission hungry leech assigned to the other.  Both were Statute barred and it took complaints to the FOS and FCA (for widespread bad behaviour) to get Lowell to suddenly close my account on the over £10k debt, the smaller one remains in the lowellspere.

Personally I don't care what they do, I don't care if a debtor gets a CCJ it just means they have 6 years from Judgement, that event did not affect my affordability status.

getittogether95

Hi All 

I received the order in the post today and there are no directions. Just:

‘It is ordered that 1. The judgment against XXX dated 22 August 2023 be and is hereby set aside’ 

so I guess ball is in Lowell/ Overdales court and I just wait and see what they do?