Default CCJ's LOWELL/OVERDALES and HOIST

[muay]

Hello everyone,
I have come across this site after some searching for help and advice online. It is a very useful and helpful forum and provides a good source of information to the public, most of whom do not know anything about their rights regarding debts and Legal processes.

So, I have had some problems with debts over the years after suffering from chronic depression and other mental health conditions since 2013.

I have been staying with my partner at her address since the lockdown in March 2020 and have not received any mail from either Hoist or Lowells because I have not been home.

I had been in contact with Lowell's via a letter and emails during December 2019 and during a letter sent 5th December 2019 I put them on notice that the account was in dispute and I formally asked them to provide me with the CCA agreement, Notice of Assignment, Deed of Assignement, and Default Notice etc. They replied with their usual subterfuge and sent some of the docs but not the properly executed deed of assignment.

I asked them to 'prove the debt' and put them on notice that they had a duty to inform me if they did not possess all of the required 'proof'. they did not provide the required/requested documents relating to the Deed of Assignment as proof, only sending a CCA agreement and some other documents such as Notice of Assignment.

I, therefore, assumed that they could not 'prove the debt' has been properly and lawfully assigned and so I ignored their letters.

Lowell have subsequently obtained a Default Judgement for their alleged debt.

I did not receive the Claim form from Northampton and only recently became aware of the Default CCJ following notifications from Overdales acting on behalf of Lowell attempting to get paid. I have asked Overdales and Lowell to remove the CCJ as it was obtained under a 'falsehood'.

They have lied to the Court and assured the Court that the debt was in fact 'enforceable' and they were entitled to bring the claim, despite the account being in dispute and the fact they did not provide the 'deed of assignment.

Overdales have 'backed off' and returned the account back to Lowell. Lowell, are again using subterfuge and delay tactics in removing the CCJ.

I have limited funds as I survive on a pension of approximately £1000 per month. I don't want to spend my money to get the judgement set aside as Lowell/Overdales have committed perjury by presenting a claim to the Court whilst they were in default of a lawful request for the 'Deed of Assignment' and the fact the account was in dispute. Furtehrmore, they have attempted to obtain property (money) by using a 'false instrument'.

I have recently started a new business venture with my partner and i have found it difficult to open a bank account for this business.

I have other debts that i am challenging and seeking confirmation of enforceability on by means of template letters.

I have been very 'forceful' during my correspendence with both Lowell and Overdales. Overdales have backed off and returned the account to Lowell. I sent a SAR to Overdales and they tried to pass the buck for the SAR back to Lowells as 'the data controller'. I suspect that they are all the same company.

Should I continue with insisting that Lowells/Overdales remove the CCJ at their cost, time and expense or go down the 'set aside' route and defend and counterclaim for costs?

I ignored their correspondence or otherwise did not receive it as they did not provide the documents and i have only been home twice since March 2020 and did not pick up my mail.

I just found a Default CCJ letter today from Northampton where default judgement was granted to Hoist. I am going through the documents regarding Hoist as we speak.

[The Tech Clerk]

Welcome:- 1st things 1st = make a diary on this thread for each alledged debt i.e.:

• Type of account -
• Date commenced -
• Approx balance - £
• Date last 'full' payment -
• Arrangement -
• Status -
• Account owner

gives us an idea of what/ its all about. also browse around the site and you will get an idea how we rend to operate? you have made the 1st step well done!

[The Tech Clerk]

await others to comment before jumping the gun - it is not that easy! PlanB

[PlanB]

Hello

Your health and happiness must come first so please don't let this Default Judgment bring you down.

May I ask you a few questions to see what needs doing to undo this CCJ and how that can be achieved.

How much is the Judgment and when was it since you say you've been staying with your partner since March 2020? (Don't post the exact date just the month and year to protect your security.)

I see you've mentioned both Hoist and Lowell in your post, so can you just clarify the name of the Claimant on the CCJ? I expect it will be Lowell but I thought I should check.

Who was the original creditor and what was the product such as a credit card, loan, overdraft, catalogue account etc?

When you asked for the credit agreement did you make a formal s77-79 CCA Request including the £1 statutory fee?

There'll be more questions but I want to start with the basics.

Di

[PlanB]

Lowell have subsequently obtained a Default Judgement for their alleged debt.

I did not receive the Claim form from Northampton and only recently became aware of the Default CCJ following notifications from Overdales acting on behalf of Lowell attempting to get paid.
. . .

I just found a Default CCJ letter today from Northampton where default judgement was granted to Hoist. I am going through the documents regarding Hoist as we speak.

Me again

Reading back through your post for a second time makes me wonder whether you might have two CCJs - one from Lowell and another one from Hoist.

Have you checked your credit file to see what's on there because these would automatically be registered since they were Default Judgments possibly obtained using MCOL processed by Northampton County Court Business Centre.

Di

[muay]

Hi,

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

I will deal with Lowell's first.
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.

I have their letter titled 'Notice of Pending Legal Action' however it seems there may be two alleged debts that Lowell rolled into one claim. The CCJ's are not showing on my Experian record as of today. I was aware of the claim when i recieved a letter from Overdales at my partners business address attemtping to seek payment for the default judgement.

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

Date last 'full' payment -

Arrangement - NONE

Status - Default - Default Judgement Obtained

Account owner: LOWELL

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

Approx balance - £367.80

Date last 'full' payment -

Arrangement - NONE

Status - Default - Default Judgement Obtained

Account owner: LOWELL

[muay]

I have the Hoist claim form and default judgment here. I picked them up amongst a huge pile of letters a couple of weeks ago.

I have only been back home 3 times since Lockdown in March 2020, my mail is usually soaking as the house is under (stalled) renovation and the floor is often wet.

I found some letters from Robinson Way that relate to Barclaycard and Howard Cohen Solicitors are quoted on the claim form.

Type of account – Barclaycard Account

Date commenced - 06/02/2014

Approx balance - £1345.23

Date last 'full' payment - maybe july 2015. Experian does not show dates of payments

Defaulted 16/09/2015

Arrangement - NONE

Status - Defaulted - Judgement in Default

Account owner: HOIST

Judgement Amount £1517.23 (inc costs) Forthwith - Dated January 2021

[muay]

I have an Email from Lowell Complaints department where they acknowledge receiving my 'Template Letter's' asking for the required documents during December 2019. They state in their email which was a response to my initial complaint to them regarding the backdoor CCJ, "that they were acting lawfully at all times".

I cannot find any CCA agreement or other agreement from either ARGOS STORE CARD or EE. In response to my SAR, they only sent internal printouts and copies of letters sent. There were no CCA agreements, hire purchase agreements or any other agreements in their bundle of SAR material.

Some of the letters in their bundle of SAR material are their standard template letters that are auto-posted out to their victims I guess.

There are no details or figures in the Lowell letters amongst their bundle, just placeholders in numerous boxes on the Lowell letters and it appears that the Argos letters are copies of those sent by Argos.

My original letter (Dec 19) which Lowell failed to provide ANY documents for was a template that I found online that I had amended to put the account into dispute. I will look for the original on another laptop, but the gist of it is as follows:

"Dear Lowell,

ACCOUNT IN DISPUTE

Thank you for your recent contact dated ??/??/2019, the contents of which I note, but do not accept. I hereby request that communication from this point forward be made in writing only, and that you do not attempt to contact me by any other method.

For the avoidance of doubt, this letter does not constitute a complaint, and should not be treated as one.

I wish to confirm that your claim against me is lawful. I therefore request that you provide evidence of my liability. I am happy to effect payment upon receipt of the following documents:

1. The original instrument of indebtedness, or proof that said instrument still exists.
2. Either of the following;
   1. If this is a demand for payment under the Bill of Exchange Act 1882, copies of any bi-lateral or tri-lateral contracts which create obligations on each party to perform, including any delegated Instrument of Novation, signed and sealed in a tripartite contract and a signed invoice in accordance with said act OR
   2. If this is an assignment of a legal thing in action under the Law of Property Act 1925, a Deed of Assignment (not a notice of assignment). This should be executed as a Deed, granted by the grantor or original creditor and endorsed by instrumentary witnesses in solemn form.

On and for the record, I am willing to accept redacted copies of any documents that may contain sensitive commercial data or personal details of other clients providing that evidence relating to myself is apparent.

Should you not be in possession of any of the aforementioned documents then you will be deemed to be party to a fraudulent act and I reserve the right to seek full recourse through the courts of law. Be aware that any default registered prior to this matter being resolved will be disputed.

I also hereby decline any offer to contract with your company, except when subject to the terms mentioned herein.

Finally, for the avoidance of any doubt, please note that, whilst I will always endeavour to meet all my financial obligations, I do not acknowledge any of the terms, conditions or timeframes that you have set out in your correspondence. Any claims made against me based on your terms and conditions will be defended.

Due to the urgency and seriousness of this allegation, I will give you fourteen (14) days to respond.

Without malice or mischief, in sincerity and honour


Yours sincerely

[Warwick65]

Where did you get that template? It seems it might have come from somewhere like goodf and is based on the Freeman of the land (FMOTL) theories. Is that so?

Sadly, as far as I am aware, FMOTL has never worked in a UK court as a defence against a debt . Also your first sentence in the letter actually says 'I wish to confirm that your claim against me is lawful'. To me that is you confirming they have a lawful claim. is it a type on your behalf.

[The Tech Clerk]

I have an Email from Lowell Complaints department where they acknowledge receiving my 'Template Letter's' asking for the required documents during December 2019. They state in their email which was a response to my initial complaint to them regarding the backdoor CCJ, "that they were acting lawfully at all times".

I cannot find any CCA agreement or other agreement from either ARGOS STORE CARD or EE. In response to my SAR, they only sent internal printouts and copies of letters sent. There were no CCA agreements, hire purchase agreements or any other agreements in their bundle of SAR material.

Some of the letters in their bundle of SAR material are their standard template letters that are auto-posted out to their victims I guess.

There are no details or figures in the Lowell letters amongst their bundle, just placeholders in numerous boxes on the Lowell letters and it appears that the Argos letters are copies of those sent by Argos.

My original letter (Dec 19) which Lowell failed to provide ANY documents for was a template that I found online that I had amended to put the account into dispute. I will look for the original on another laptop, but the gist of it is as follows:

"Dear Lowell,

ACCOUNT IN DISPUTE

Thank you for your recent contact dated ??/??/2019, the contents of which I note, but do not accept. I hereby request that communication from this point forward be made in writing only, and that you do not attempt to contact me by any other method.

For the avoidance of doubt, this letter does not constitute a complaint, and should not be treated as one.

I wish to confirm that your claim against me is lawful. I therefore request that you provide evidence of my liability. I am happy to effect payment upon receipt of the following documents:

1. The original instrument of indebtedness, or proof that said instrument still exists.
2. Either of the following;
   1. If this is a demand for payment under the Bill of Exchange Act 1882, copies of any bi-lateral or tri-lateral contracts which create obligations on each party to perform, including any delegated Instrument of Novation, signed and sealed in a tripartite contract and a signed invoice in accordance with said act OR
   2. If this is an assignment of a legal thing in action under the Law of Property Act 1925, a Deed of Assignment (not a notice of assignment). This should be executed as a Deed, granted by the grantor or original creditor and endorsed by instrumentary witnesses in solemn form.

On and for the record, I am willing to accept redacted copies of any documents that may contain sensitive commercial data or personal details of other clients providing that evidence relating to myself is apparent.

Should you not be in possession of any of the aforementioned documents then you will be deemed to be party to a fraudulent act and I reserve the right to seek full recourse through the courts of law. Be aware that any default registered prior to this matter being resolved will be disputed.

I also hereby decline any offer to contract with your company, except when subject to the terms mentioned herein.

Finally, for the avoidance of any doubt, please note that, whilst I will always endeavour to meet all my financial obligations, I do not acknowledge any of the terms, conditions or timeframes that you have set out in your correspondence. Any claims made against me based on your terms and conditions will be defended.

Due to the urgency and seriousness of this allegation, I will give you fourteen (14) days to respond.

Without malice or mischief, in sincerity and honour


Yours sincerely

please do not use any such content on this site, - it is freemen of the land (GOODFF). It is not recognised as helpful, and shows lack of knowledge by authority (judges are well aware of the assumption and I am informed that they frown on such content) works against any genuine case you may have.

[muay]

Hello everyone, i did not wish to cause problems. That was the template letter i found and sent to Lowells. They ignored it and did not provide anything to me. Should i start with a CCA request and a Set Aside? I did not wish to cause offence by posting the template letter

[Colin G Quinn]

Hi Muay,

If you want to set aside a default Judgment, and the party who has the benefit of the Judgment will not work with you to achieve that, you would need to make an application to the Court.

As to the merits of a potential defence, I don't think that has actually been explored in this thread. What I can say, is that you definitely have a defence with good prospects of success against the Hoist Claim owing to their lack of authorisation by the FCA, amongst possibly many other defences.

Furthermore, if Lowell have entered Judgment whilst in breach of a CCA request, that is a complete defence. Again, amongst other good defences that may be there that you aren't aware of at the minute.

There are also instances whereby a Court can set aside Judgment even if a person has no defence to a Claim.

I don't think it is wise to make an application to set aside the Judgment on the basis you will make payment of a reduced settlement sum. I think the Court's response to that would be to ask why you don't think you are liable for the entire sum, if you admit you owe some of it.

In any even, you haven't had the opportunity to consider if you have a defence or how to respond to the Claim.

If you want to send me the papers you have I'd be happy to take a look for you. My email address is in the disclaimer which appears below this post.

[Colin G Quinn]

One other thing to add, which I don't think has been brought to your attention, is that if you find out about a default Judgment and want to apply to set it aside, there is a requirement to act as promptly as possible.

[PlanB]

i did not wish to cause problems. That was the template letter i found and sent to Lowells. They ignored it and did not provide anything to me. Should i start with a CCA request and a Set Aside? I did not wish to cause offence by posting the template letter

You haven't caused any problems at all, neither have you caused any offence

Once there is a CCJ (the Default Judgment) you can't send a s77-79 CCA Request because the debt owner is no longer obliged to respond.

You would need to do things in the right order.

Once (if) the CCJ is set-aside then you can send a CCA Request and if they can't comply the debt will become unenforceable which may form part of your Defence depending on how things pan out.

Can I just clarify whether you have previously sent a formal CCA Request with £1 statutory fee for any of these debts?

Also do you have anything to prove that you weren't at that address when the claim form was served. You say you were staying with your partner so is there anything which positions you at their address? Shall I assume you now know about the CCJ(s) because you've been back to your property and found them?

If you can answer my previous question about dates in post #4 that would help too.

Di

[Joanna Connolly]

We are currently dealing with a case where the Defendant had been represented by a different firm of solicitors in an application to set aside judgment and a consent order had been filed which the court subsequently refused on the basis of "Credit Washing". The Claimant's solicitors had also made errors in their application , which had of course been approved by the Defendant's solicitors.

I would suggest you are careful taking any advice which says you can pay etc and assume that the court will automatically set aside by the court. It can be seen by the court as an admission of debt.

We are now instructed to rectify this shambles. Ironically the Defendant had, and still has, a good case to set aside judgment on mandatory grounds which neither solicitor involved had considered.

I would also say that if you intend to set aside the default judgment the application has to be made promptly, and be properly evidenced. You normally only have one chance to set aside.