How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I lost my business and 2 homes in 2008 and had a lot of debt

Customer Question

Hello
I lost my business and 2 homes in 2008 and had a lot of debt at the time. I moved to rented accommodation in Feb 2009 and have since moved again in Jan 2012.
I have just received a letter from Lowell saying that I have a CCJ obtained on 1st Feb 2011 and an order to pay £50 per month from 1st March 2011. I was not aware of this and hadn't seen any thing from the original creditor or who ever the debt chasing company was at the time. I have just checked with the Bulk CC centre in Northampton and the CCJ was sent to my pre Feb 2009 address, 2+ years after I had moved. Lowell had been chasing me for other debts at the time and these letters were sent to the correct address. I am not sure what to do here, call me cynical but the CCJ has less than 6 months left! I would be very grateful for your advice.
Currently, at 62 I am now rebuilding life again although I suspect my days of owning my own home are long gone.
Thanks and regards
Mike
Submitted: 4 months ago.
Category: Law
Expert:  Ash replied 4 months ago.

Hello my name is ***** ***** I will help you with this.

Did you ever have an IVA or bankruptcy as a result of these debts Mike?
Alex

Customer: replied 4 months ago.
Hi Alex
No, I tried and succeeded in avoiding both an IVA and Bankruptcy. I work for myself as a technical sales agent and a bankruptcy would have been a problem with most of the agency agreements I have with my principals.
Expert:  Ash replied 4 months ago.

Do you have any defence to this debt do you know?

Customer: replied 4 months ago.
There is no defence unfortunately, I believe the original debt was for an Argos account card and the original amount owed was around £1800. I think I'm more surprised about this than anything else - the debt is 71/2 years old but to have a CCJ obtained without any knowledge - all my mail was re-directed for 2 years as well.What surprises me most is that there is an oder to pay £50 per month and after 51/2 years why has this taken so long to make contact, to the correct address as well.
Expert:  Ash replied 4 months ago.

Thanks. Sadly they have 6 years to make contact. If you had a defence then you would have been able to apply to set aside, but you cant do that.

They have 6 years before they can begin to enforce, so sadly if you dont make an arrangement to pay then they can enforce by sending on bailiffs etc.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have duty to be honest.

Can I clarify anything for you about this today please?
Alex

Customer: replied 4 months ago.
Hi AlexThanks for letting me know. It seems strange that they can send a CC summons to an old address, even though they have the correct one on file!
Expert:  Ash replied 4 months ago.

Indeed, that would be grounds to set aside. But then you have no defence and they could just get a CCJ at your new address.

Does that clarify? Alex

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice