Help with lowell

[Getting older]

Hi, I wonder if I could get some advice.

 

 

In 2007 I bought a new honda civic type r for £26k.

 

At the time I had a good job,

the HP agreement was taken out over 5 years.

 

6 months later I was made redundant and struggled to keep up payments.

 

After speaking to the loan company I handed the car back after 1 year,

 

I was informed that the car would be sold on and that would be written off against the car and I would just be paying the difference.

 

They never contacted me,

I then went abroad for 6 months,

while abroad I was offered a job in a different part of the uk,

I returned home for 2 months before moving away.

 

Today I received a letter from BW legal limited stating that the debt is with them

and I have a CCJ for £21k which was issued in 2008,

 

I know BW legal like to slap people with staturory demands.

 

I never received any correspondence from the loan company who are the British credit trust.

I have checked my report and it is there.

 

Firstly the car would have booked at around 15k,

if the ccj is correct then they would have sold the car for 5k.

I am not sure what my next move should be,

 

any help would be appreciated on this.

 

I am happy to try and pay the debt off

but I had asked the British credit trust for a copy of the agreement so that I could read the T&C's they could not supply this,

I also would it be ok to ask for a breakdown in how the costs were made up and what the car achieved at auction?

Edited January 6, 2014 by Andyorch
Paragraphs added

[lovejoy]

I'm sure someone more knowledgeable than me will be along soon to help.

When was the last time you had contact or acknowledged the debt?

The reason I ask is that you mention the year 2007 was the last time you had contact with them in your post and it just maybe statute barred.

[unclebulgaria67]

What is your current financial position.e.g any assets such as a house ?

 

When was the CCJ obtained ?

 

Who was the claimant who gained the CCJ ?

 

Do you know which court dealt with the CCJ ? Can you obtain a copy of the court claim documents from them, so you can see what details the claimant provided ?

 

You may need to answer a few questions on here, before people can tell you what your next step might be. I don't think I would be writing to BW Legal yet, until more details are known.

[Getting older]

I currently rent and have very little assets,

 

I do have a decent job.

 

The ccj was issued in 2008 by Northampton court.

 

The ccj was gained through the British credit trust.

 

At the time I had a pretty hard time,

 

I lost my wife during pregnancy hence why I left the country to sort my head out.

[Getting older]

Not sure how I can get hold of the court claim letter, any advice would be most appreciative.

[unclebulgaria67]

I currently rent and have very little assets, I do have a decent job. The ccj was issued in 2008 by Northampton court. The ccj was gained through the British credit trust. At the time I had a pretty hard time, I lost my wife during pregnancy hence why I left the country to sort my head out.

 

When in 2008 roughly ?

 

Although CCJ's don't expire as such,

they would have 6 years to enforce,

after which they could go back to a court, but extensions are not readily allowed.

 

I think Lowell/BW Legal would need to apply to a court to substitute themselves,

so they could enforce the CCJ.

If the CCJ is still registered with British Credit Trust,

then a little bit of work would be required to transfer it to the new debt owners.

 

You can contact the Northampton Court to request details of the CCJ.

But you would need the case number from your credit file or from Trustonline http://www.trustonline.org.uk/

 

Northampton Bulk Centre (CCBC) 0300 123 1056 / 01604 619400

 

It might also be a good idea to send British Credit Trust BCT) a Data Protection Subject Access Request (SAR)

to obtain all of the information related to the loan that is held on their file.

 

I would suggest that you get hold of the court claim info and send the SAR to BCT as a priority.

 

You don't need to respond to BW Legal at the moment,

unless they have mentioned any court hearing to take place.

 

As I see it, BW Legal can't currently take any enforcement action,

unless Lowell have had the CCJ transfered to them by a court.

[Getting older]

Thank you so much for your help. The ccj was registered in October 2008. I will send the SAR to The British Credit Trust. Is there anywhere that I could get a template for the SAR?

[Getting older]

Apologies I have found the attachment.

[Getting older]

I have just looked at my credit report and the ccj was actually registered in July 2009 but the account defaulted in October 2008

[dx100uk]

if lowlife/BW have not mentioned the CCJ

don't tell them.

 

knowing BCT well

I suspect they knowingly took you to court when you were abroad.

and took you for the full value

when they SHOULD have recommend VT

and the total you would pay would be 50% of the original agreement.

 

get that sar off

 

are you sure it was BCT that are named as the claimant on the CCJ?

 

dx

[Getting older]

Yes, I telephoned the court and this is also stated in the letter that was sent out by Lowell. I have just printed off the SAR, out of interest what happens if they can not supply me with the relevant information?

[dx100uk]

the sar goes to BCT

 

for now

 

forget lowlife.

 

dx

[dx100uk]

oh and I bet you got charged repo fees?

 

dx