Lowell going for forthwith judgement? - old credit card debt

[callsignCharlie]

Hi,

 

Can anyone help ?

 

 

I have appealed a ccj and

 

 

got a letter back from the court dated 21st Nov

saying i had to pay it before the 24th Nov ! (3 days notice),

 

 

they did not give me details how to further appeal, and

also did not address the fact that i have asked for supporting docs from Lowell !

 

 

I am in the process of sending them a letter to address the fact that on Lowell's application to the court

the man who signed it as a "solicitor" is not actually on the register for solicitors when i rang their office in London.

 

Is there anything else i can do?

 

 

or is all now lost??

[AndyOrch]

Own thread created Charlie.......

 

You can either set a side (N244) if you have grounds or if you do not wish to challenge it you can make application to vary the payment to monthly using the N245.

 

Regards

 

Andy

[callsignCharlie]

Hi Andy,

 

Thanks for the advice, feeling very upset about it,

 

 

can i still use the N244 after they have already issued a general form of judgement or order?

 

 

i find it unbelievable that it is dated 21st Nov and

 

 

they state that i have to pay by 24th Nov ?

 

 

that's 3 days! not taking into account the post,

 

Kind Regards,

 

Louise

[AndyOrch]

As you will have seen in exasperateds thread set a side can be tricky and only if you have grounds to set a side would any application be acceptable.

 

Did you receive the initial claim pack?

 

Perhaps tell us a little history of the debt and why its ended up as a judgment.

[callsignCharlie]

It was originally a credit card debt that i could'nt pay when i had treatment for cancer and

 

 

i was at the time on maternity pay, i was only on 45% of my salary and had to take the full maternity leave due to also being ill,

of course, i should have corresponded with them more,

but, when you are already stressed and they speak to you like dirt,

it's something that i just could'nt deal with at the time,

and now it has spiralled out of control.

 

They applied for judgement, i disputed,

I received the claim pack as i had disputed the claim,

as i asked for statements,

assignment of debt,

copy of credit agreement etc.

 

 

i still have not had any copies of these!

 

 

They sent their questionnaire back to the court signed by a man posing as their solicitor,

i checked this out by ringing the SRA (Solicitors Regulation Authority) as i guessed he was not on their records,

they were very interested in this and asked me to forward a copy of the document.

 

I indicated to the court that i was happy to have a mediation hearing,

i got a telephone message from a lady asking me to ring her which i did about 40 times,

the number was constantly engaged, and

when not engaged it was not answered (usually about 4.55pm)

 

 

I then get a letter from the local court not stating that i can have 28 days to pay and the ccj will be wiped off,

no options just pay it by 24th Nov ! and i didnt actually get the letter untill the 23rd.

[AndyOrch]

So did you actually submit a defence to the claim ?

[callsignCharlie]

yes, and then that got passed to the local court and

 

 

then they sent the letter that i have recently got that just does'nt seem very professional at all,

it says "general form for judgement or order".

 

I thought that even if i got the ccj,

then i would at least have 28 days to pay it before it's stuck on my credit file for 6 years,

and this just says to pay it on or before 24th,

 

 

yet the actual date on the form is 21st,

i dont see how this can be right?

 

 

i was not given any opportunity to appear in court and explain,

[AndyOrch]

Well there appears to be a bit missing from the process...if a defence is submitted....then the claim is allocated and transferred to your local county court as you state.

 

Once it is transferred you receive a Notice of Allocation with the directions that the parties must follow and by what date it should happen.Also it states the trial date in advance of the directions.

 

A claimant can only get judgment without you attending court if ...

 

They applied for summary judgment...which there would still be a hearing and you didn't attend or object...or

You failed to comply with a Direction...IE not submitting a witness statement or disclosing your documents...then the claimant can ask for your defence to be struck out.

 

The claimant has obviously selected judgment forthwith (immediate payment) not the court but even then you should be allowed 28 days to arrange settlement without the CCJ being registered.Check with your court re the payment date you should be allowed 28 days.

[callsignCharlie]

Thank you so much for that information,

 

 

i was sure that, that was the case, as, i was convinced that every person should get 28 days to pay, before it is entered on a persons credit file,

 

 

it seems very underhanded,

 

 

and i will fight them all the way,

 

 

i have sent a letter to the court in Northampton with a copy of what they have sent me.