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Lowell wrong name on CCJ and letters!…

jonarmstrong asked:

I’ve been sent numerous letters to my address from lowell, but not in my name… They’ve even attached the CCJ to me even though the names are different. After reading through the HMRC claims procedure I found this..

You should make sure the information you provide is accurate and complete. For any individual defendants you should make sure that you include their forename and family name and that you have spelt their name correctly.

Despite them having access to the correct name they have had to go by the name on the original credit agreement which isn’t me..!! Never had credit in that name.

So I ask is the CCJ legitimate and If they send bailiffs to the door and I show them my photo card driving licence can I tell them to piss off..?

jonarmstrong replied:

wow, I can hear the cicada’s and tumble weed passing by…. THANKS

Tiggy replied:

If the CCJ is in a name you’re known as, lodged at an address you’re living at and has been associated with you on your credit file, then yes, any warrant or attachment of earnings order will be legitimate.

jonarmstrong replied:

How do you define known as..? I’d really like to know because I’ve never had so much as a library card in that name or applied for credit in the last 15 years.

OK I use that name on here and if anyone casually asks who I am I say jon but only because it’s quicker like dick is Richard, bob is Robert, mick is Michael etc.

it’s OK I’m screwed, I get it.

but I’d like to know how will they get paid if both cars are registered to my girlfriend with finance agreements in her name, all the property in the home was purchased using her cards so there’s a paper trail, no saving in my bank accounts, no credit cards in my name, no tangible income or benefit payments for them to attach to, the house is rented so no mortgage to attach to..? I do have some clothes but I’m guessing they wouldn’t want them.

thanks…

Tiggy replied:

Bailiffs aren’t the only method of enforcement they can use, the most common is bailiffs but they can use a 3rd party debt order (bank account seizure) – not very common or the most commonly used (after bailiffs) is an attachment of earnings order.

Hopefully, though if they try bailiffs they’ll give up if there’s nothing to seize.

jonarmstrong replied:

Hi tiggy,

I got a letter from Mr Lowell Solicitors today in respect of their client that I find a bit suspicious. I was under the impression when their client bought the debt they would get all the paperwork associated with the account, they would surely need this as evidence when applying for a county court judgement. It reads to me that they have been in touch with shop direct/littlewoods to get a copy of the original credit agreement to be able to send me a copy…

We refer to the above matter and to your letter received 9 November 2016.

We note the contents and write to advise you that as Judgement has been entered into against you, our client is under no obligation to provide you with documents relating to your claim, however confirm we have requested a copy agreement and statements from Shop Direct in respect to your former Littlewoods account opened 17 November 2011. Once these documents have been received the same will be forwarded to you.

What do you think..?

By the way in the letter they went on to say what was bought and it all came flooding back, yes I did buy it..! A shitty xbox360 that died after 7 months, when I asked to return it for a replacement they said I had to send it to Microsoft at MY expense and warned me if Microsoft decided I was to blame for it’s demise e.g. I hadn’t provided it with adequate airflow, no fixy, no replacy.
I did this reluctantly and after two months got fed up waiting, I told littlewoods they weren’t getting any more payments and they were surprisingly OK with that. Little did I know they had a cunning plan… Wait till they forget then sell on the debt.. (use a Texas accent, I just did and you can really picture them shouting it when they hang up the phone..)

I did get it back after a 3 month wait and it lasted about a month before RIP again, so I binned it vowing another would never pass my doors and one never has.

And they all lived happily ever after, or did they. The End. <fade to black>

Sorry for being flippant, it’s only my ass on the chopping block.

Tiggy replied:

No, normally you’re usually just a name and a few details on a spreadsheet, that’s why it’s always a good idea to challenge court claims as they very rarely have the documentation to hand.

jonarmstrong replied:

Yeah, I’m going to try find out which court dealt with it and see if I can get it set aside (£250 ching) because the fact is I haven’t been properly notified in my name, I honestly thought some company was phishing so sent the letters back.

Basically because Littlewoods got my name wrong it’s caused all subsequent letters and actions to come here in a name I don’t expect to have financial responsibilities in.

I even gave them my full name for the direct debit which they accepted payment from for 8 months for gods sake, surely that can’t possibly have been in the wrong name or the bank wouldn’t have set it up..

If they had given me any indication they were unhappy with my reasons given for stopping payment I would have asked for a final settlement amount that took into account the missing/faulty goods.

Sorry for any duplication of rant.

jonarmstrong replied:

I’m taking your advice on board and this is the letter I’m going to send lowells, I would appreciate your opinion.

13 November 2016

Lowell Solictors Collection Department
Ellington House
9 Savannah Way
Leeds Valley Park West
Leeds LS10 9AB

Dear Mr Lowell Solicitors,

Re. Reference Number 1******

Thank you for your letter 9 November 2016, I do need to make some information clear before proceeding.

1. The original account at Littlewoods had somehow been opened in the wrong name, at no point did I ever give the name Mr Jon Armstrong as it would have contradicted the name on my bank account where the direct debit payments were paid from. Littlewoods also failed to record the correct name when they carried out their basic credit check.
2. If I, Mr Jonathan Armstrong had received letters in my name I would have opened them because they relate to me. Since they arrived in a name I had no financial interests in like utilities, bank or credit cards I felt them unimportant so simply returned them to sender.
3. If I, Mr Jonathan Armstrong had received telephone calls asking me to contact your office I would have done so because they relate to me. However your colleague only left messages asking for Mr Jon Armstrong to contact your office regarding an account number which I dismissed as telemarketing calls. I would assume you have recordings of those messages.
4. As a direct result of Littlewoods incompetence in recording the correct name from the start I feel there are extenuating circumstances for my apparent lack of response and all wasted time, resources and court action are a result of this.

I would hope my account statement would reflect why I refused to continue making payments or at the very least mention the console I purchased developed a fault well within the guarantee period. Had Littlewoods not refused to replace it and instead made me responsible for the cost of returning it to Microsoft in Holland I would have paid for it in full. The advice Littlewoods gave at the time stated if Microsoft deemed I was responsible for the product failing it would be returned to me in its faulty state, combine that with the fact it was returned only to fail again within a month left me paying for goods I could not use.

I would like your client to consider a fair and reasonable settlement amount to resolve this matter, please take into account the circumstances mentioned above which I assert are a true and honest account. I am aware of the price the debt was purchased for and the cost of county court proceedings, add to this a reasonable amount for time and expenses and I will pay it. I would also respectfully ask for removal of the Judgment on my credit account.

If your client will only accept full payment, I will have no option but to ask my solicitor Mark Mangano at Readferns to advise on having the Judgement set aside and preparing my defence of the claim. Please understand I simply feel that strongly I have not received a fair chance to defend myself due to circumstances beyond my control and I would rather pay more to defend myself than be made a victim of those circumstances.

I look forward to your response in due course.

Yours Sincerely,
Jonathan Armstrong

Tiggy replied:

The problem you have is that they cannot remove the Judgement from your credit file, the judgement is lodged on the Central Register of Judgements by the Court and can only be removed by the Court.

Only a defendant to a claim can request a judgement be set aside, the claimant can’t.

If you’re going to send that letter – which includes a full admittance the account is yours – then I would put at the top ‘Without Prejudice- Save as to Costs’ which means it cannot be used in Court against you, because if you did ever try for a set aside and a Judge reads that there is no way they would grant an order to set aside the judgement.