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Daughter has gone and got herself a CCJ advice required

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  • Daughter has gone and got herself a CCJ advice required

    My daughter has admitted today that she has buried her head in the sand and not replied to the formal LBA and court papers and now Lowell’s have sent her a letter stating they are going to enforce the debt via either Bailiffs or AOE. By all accounts it looks like in her absence the courts set the CCJ payment at £100 a month, again it would appear she has ignored this. My question is Is it still too late for her to try and negotiate something to avoid this enforcement action. She doesn’t really own anything and rents her house with her partner so not sure what Bailiff action could achieve. I will try and post the last letter she got from Lowell’s ASAP. Many thanks in advance for any advice.

  • #2
    Without giving too many specific details we need to know more information before advice can be given. When was the court case and roughly how much was it for.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Originally posted by scottygees View Post
      My daughter has admitted today that she has buried her head in the sand and not replied to the formal LBA and court papers and now Lowell’s have sent her a letter stating they are going to enforce the debt via either Bailiffs or AOE. By all accounts it looks like in her absence the courts set the CCJ payment at £100 a month, again it would appear she has ignored this.

      My question is Is it still too late for her to try and negotiate something to avoid this enforcement action. She doesn’t really own anything and rents her house with her partner so not sure what Bailiff action could achieve.

      If she has a CCJ (a Default Judgment if she failed to file an Acknowledgement of Service to the claim by the 19 days deadline) set at £100 per month by the court then she can make an Application to Vary that Order (downwards) to an amount she can afford.

      She needs to do this on a Form N244 with a £255 court fee unless she is entitled to fee remission due to low wage and/or certain benefits.

      While her Application is being considered by her local county court (not NCCBC who would have served the claim on Lowells' behalf) Lowells should be unable to successfully seek a Warrant of Control (bailiffs) or Attachment of Earnings (does she have an employer?).

      Every time a Bailiff makes a visit the debt will increase as they add their charges so it's best to nip this in the bud.

      Reaching a repayment agreement with Lowell to avoid the cost of legal/court fees may well be possible.

      Alternatively, she can contact her nearest CAB for help with the form filling if she needs to make a formal Application.

      Di
      Legal Disclaimer

      I am a Litigation Executive at
      Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

      Comment


      • #4
        Originally posted by Diana Mayhew View Post


        If she has a CCJ (a Default Judgment if she failed to file an Acknowledgement of Service to the claim by the 19 days deadline) set at £100 per month by the court then she can make an Application to Vary that Order (downwards) to an amount she can afford.

        She needs to do this on a Form N244 with a £255 court fee unless she is entitled to fee remission due to low wage and/or certain benefits.

        While her Application is being considered by her local county court (not NCCBC who would have served the claim on Lowells' behalf) Lowells should be unable to successfully seek a Warrant of Control (bailiffs) or Attachment of Earnings (does she have an employer?).

        Every time a Bailiff makes a visit the debt will increase as they add their charges so it's best to nip this in the bud.

        Reaching a repayment agreement with Lowell to avoid the cost of legal/court fees may well be possible.

        Alternatively, she can contact her nearest CAB for help with the form filling if she needs to make a formal Application.

        Di
        Thanks so far for all the replies.so just seen the last letter she received from Lowell solicitors and it doesn’t mention anything about bailiffs or AOE.However it states she is £100 in arrears on a CCJ and she needs to make a payment within the next 14 days so no further court action becomes necessary. The letter does give her the option to discuss a more affordable payment plan. The outstanding balance is £573.01 and was on a mobile phone contract she took out whilst a student.I have suggested she offers £50 a month over the next 12 months. Does that sound reasonable?

        Comment


        • #5
          It’s only reasonable if it is affordable . If it’s not then she will get in a bigger mess. If she qualifies for fee remission I would get the order varied. Many many years ago I had an order of £5 per month set by the court

          Comment


          • #6
            Originally posted by Warwick65 View Post
            It’s only reasonable if it is affordable . If it’s not then she will get in a bigger mess. If she qualifies for fee remission I would get the order varied. Many many years ago I had an order of £5 per month set by the court
            Thanks Warwick. Unfortunately she won’t qualify for fee remission due to her working. She can afford £50 but would struggle at the £100 set.

            Comment


            • #7
              Originally posted by scottygees View Post
              the last letter she received from Lowell solicitors and it doesn’t mention anything about bailiffs or AOE.However it states she is £100 in arrears on a CCJ and she needs to make a payment within the next 14 days so no further court action becomes necessary. The letter does give her the option to discuss a more affordable payment plan. The outstanding balance is £573.01 and was on a mobile phone contract she took out whilst a student.I have suggested she offers £50 a month over the next 12 months. Does that sound reasonable?

              A few quick but necessary questions if I may

              When was the claim issued/served and who was the original 'creditor' (mobile phone service provider)?

              When was the CCJ (default Judgment) and how much was it for?

              Has she made any payments under the Order (£100 per month?)? I ask because your post says she's £100 in arrears which suggests she's paid as per court Order until last month.

              Is her CRA file already trashed with other Defaults and/or CCJs?

              Di
              Legal Disclaimer

              I am a Litigation Executive at
              Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

              Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

              Comment


              • #8
                Originally posted by Diana Mayhew View Post


                A few quick but necessary questions if I may

                When was the claim issued/served and who was the original 'creditor' (mobile phone service provider)?

                When was the CCJ (default Judgment) and how much was it for?

                Has she made any payments under the Order (£100 per month?)? I ask because your post says she's £100 in arrears which suggests she's paid as per court Order until last month.

                Is her CRA file already trashed with other Defaults and/or CCJs?

                Di
                So to answer as best I can to your points raised

                not sure when the claim was issued/served but original creditor was Orange
                again don’t know when the CCJ was but it was for £573.01
                she hast paid anything. My guess is the £100 arrears was for the first month payment of the judgement
                her CRA is absolutely trashed to high heaven

                Comment


                • #9
                  So daughter has phoned Lowell’s and they have agreed repayment of £30 a month. So should be cleared in less than 20 months. Thanks again for all the advice.

                  Comment


                  • #10
                    Make sure that she has this arrangement in writing and that she sends a copy of the letter to the court!
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment

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