Default CCJ's LOWELL/OVERDALES and HOIST

[PlanB]

There are 2 seperate default CCJ's. 1 x CCJ from LOWELL and another from Hoist.

I am trying to find the claim form from Lowells, they may have sent the Claim forms and notice of judgement to my previous address despite me telling them before the claim/notice that I was staying with my partner and ALL letters should be served at her business address and that i would only receive Email correspondence.

. . . it seems there may be two alleged debts that Lowell rolled into one claim.

Lowell claim their outstanding balance is £1473.51. I have a claim number for the Lowell Claim on one of Overdales Letters.

Account 1
Type of account – EE MOBILE PHONE ACCOUNT

Date commenced - 13/02/2007

Approx balance - £837

Account 2 -
Home Retail Group (ARGOS CARD)
Type of account – ARGOS CARD
Date commenced - 25-03-2014

Approx balance - £367.80

My approach to law is first you get the facts, and then you apply the law to them. You're at the research stage so let's see what went on and when, so you can find a way to try to undo the damage if possible.

You say that you informed Lowell you would be staying with your partner and that all correspondence should be served on your partner's business address (which should have included the claim form). Have you kept a copy of that letter/email which you sent, and did you receive a reply from Lowell?

You also say that the first you knew about the CCJ was when solicitors wrote to you c/o your partner's business address, so they can hardly say they didn't know it!

Was it just a chasing letter that was sent, or did it threaten any enforcement action such as a bailiffs warrant, Attachment of Earnings, or a Charging Order if you own your own home? I'm not saying this to alarm you, I just want to check to see how far things have gone in case there's more legal stuff to unwind which could/should be done at the same time as any set aside.

I can also see that it appears Lowells included two separate debts in the same claim, so consider whether both have a potential Defence, not only one of them. For example the EE mobile phone account may have been a service contract so possibly not covered by the Consumer Credit Act.

It would help if you can get hold of a copy of the Claim Form including the "Particulars of Claim" perhaps by asking Lowell for it. Alternatively you could call NCCBC on 0300 123 1057 and ask them to email you the "Particulars of Claim" since you have the Claim Reference Number in your letter from Overdales Solicitors. You should be able to pass security by confirming your date of birth.

Once you've got that information I would take up the offer from Colin G Quinn to look at the paperwork for you. His email is colin@joannaconnollysolicitors.co.uk

Di