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CCJ in Someone Else's Name

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  • CCJ in Someone Else's Name

    Ive applied for a Set Aside of a CCJ which isn't actually in my name, neither is the correspondence from the Claimant Lowells Solicitors. The case is due to be heard next Wednesday (16th May 2018) although now I'm wondering if I should have just left it be. Your advice would be much appreciated.

    By way of background I am applying to the Court to set the CCJ judgement aside based on the argument I have not had the opportunity to engage with the Claimant over the alleged debt (£345), nor did I have the opportunity to submit a defence as I didn’t receive a copy of the Claim Form until after the expiry of the response time limit.


    I moved house on 19th December 2017 from Bristol to Somerset therefore I did not receive the three letters issued by the Claimant addressed to a Lianne dated 17th December 2017, 31st January 2018, and 13th February 2018. At the time of moving property I contacted all of my known business correspondence such as banks, insurers, DVLA etc.


    Having been unable to drive during the later stages of pregnancy and after giving birth on 25th March 2018 with an extended stay in hospital due to health complications I was finally able to meet with my previous landlord on 22nd April 2018 to collect my post. This was the first opportunity I had to read the correspondence from the Claimant and the Claim Form addressed to Lianne and in haste submitted an application for the judgement to be set aside on the same day.


    Lianne x xxxxxxxxxxx is not nor ever has been my forename, maiden name or surname but it's very close in spelling to my maiden name.


    The Claimant correspondence addressed to Lianne Xxxxxxx relates to a debt which the Claimant states was incurred in 2005, some 13 years ago and for which I have no recollection. I presume a credit check was undertaken at the time the credit agreement was entered into therefore I've asked the Claimant provide evidence of the original contractual agreement and credit check to ensure there isn’t a case of mistaken identity.


    Due to the historical nature of this alleged debt I would also like to assert the debt falls under the Limitation Act 1980 and therefore statute barred.


    The Claimant letter incorrectly addressed and dated 17th December 2017 states that the debt relates to an agreement between Lianne and TMobile dated 2nd March 2005. Under the Limitation Act 1980 Section 5; an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.


    I am not aware of having made a payment toward the debt during this time, and I have not written to the Claimant admitting I owe the debt.


    I understand if a debt is barred under statute the Claimant has run out of time to use certain types of action including CCJ.



    I also understand the burden of proof now falls to the Claimant to prove otherwise.

    However I can't help but feel I should have just ignored this? Or is that a case of wishful thinking as the thought of a hearing and leaving my 6 week old baby is very distressing.
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  • #2
    So the Judgment was against Lianne ( I've removed her surname but take your point that although first name and middle name are not the same as yours ( are the initials correct at all?) but her surname was similar to your maiden name and the agreement was in 2005 when you'd have been going under your maiden name? ) so you believe this is just a matter of mistaken identity - possibly via a search on the electoral roll and found your 'similar' name at that address ( were you at the same address in 2005?)

    Have you been in contact with Lowell at all since receiving the CCJ document?

    Anything showing at all on your credit file ?

    Could you post your application and any accompanying documents you submitted pls. ( minus personal data )
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

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    • #3
      Thank you for your swift response. Yes to confirm, the forename and surname used on the Claimants correspondence and the Claim Form are similar to my forename and maiden name, just spelled differently.

      I lived in South Wales in 2005 when Claimant states the agreement was entered into, but they've sent the correspondence to a more recent address of mine in Bristol.

      Ive not been in contact with Lowell, all my correspondence has been directly with the Courts Business Centre (to submit the application for Set Aside) and the County Court to submit my witness statement and exhibits. I understand I now need to send copies to Lowells themselves?

      My witness statement sets out the above and cross references

      Exhibit A - Evidence confirming date of house move.


      Exhibit B - Letters issued by the Claimant addressed to a Miss Lianne dated 17th December 2017


      Exhibit C - Text message exchange between Defendant and Defendants previous Landlord arranging to meet on 22nd April 2018 to collect Defendants post.


      Exhibit D - Defendants Birth Certificate



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      • #4
        And having just checked there is no CCJ registered against my married name at my current address.

        Comment


        • #5
          Originally posted by PinkButter View Post
          The Claimant correspondence addressed to Lianne X XXXXXXX relates to a debt which the Claimant states was incurred in 2005, some 13 years ago and for which I have no recollection. I presume a credit check was undertaken at the time the credit agreement was entered into therefore I've asked the Claimant provide evidence of the original contractual agreement and credit check to ensure there isn’t a case of mistaken identity.
          .
          Amethyst you missed one in Para 6 (I've x'd my post to save the extra editing for you)
          HOW TO COMPLETE AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) FORM?

          My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other outcomes.

          I do not come on here in the evening, at weekends or on public holidays.

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          • #6
            Sorted, thanks Jags
            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

            Comment


            • #7
              Did you get a copy of the original claim form from the court ? It might be worth getting that then asking Lowell for copies of documents mentioned and informing them of the mistaken identity ( unless it's just spelling errors rather than mistaken identity of course ) - the date of birth would be entered on the original agreement/application - so worth asking for that.You did say you have done that but I'm not sure if you asked The claimant directly or just put it in your application ?

              Additionally a subject access request to the original phone company. Of course as this is likely statute barred ( being from 2005 and phone contracts generally being a maximum of 2 years) they may not have any details at all for that reason rather than your id info not matching.



              “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

              Comment


              • #8
                The Claim Form simply states D entered into an agreement with TMobile account ref xxx.

                The D failed to maintain the required payments and the service was terminated.

                The agreement was later assigned to the C on 30/06/2014 and notice given to the D (I didn't receive any notice).

                Despite repeated requests for payment the sum remains due and outstanding (again I've not received these).

                The C claims the sum and interest persist to....



                Comment


                • #9
                  I'll email Lovells now asking for copies of original contract and credit check. Thank you!

                  Comment


                  • #10
                    So the Court agreed the Set Aside so now I have to file and serve an outline defence. Thank you again for all your wonderful help.

                    Comment


                    • #11
                      Great news Well done.

                      Feel free to post your draft defence up if you want a hand / second opinion on it xx
                      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                      Comment


                      • #12
                        Have you sent a formal CPR 31.14 letter ( and maybe a CCA letter if there could be a device/handset loan in this debt ) ? Might be worth doing that now so it's 'official' rather than just the emails asking for documents. CPR letter can ask for the agreement and notice of assignment as they are mentioned in their particulars.
                        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                        Comment


                        • #13
                          I be responded by completing the Defence form stating ...I hereby set out this outline Defence with regards to Claim No.xxxx, with reference to the Particulars of Claim:


                          1. The Agreement with EE Limited (formerly TMobile UK Ltd) under account referencxxxxx was entered into by a Xxxxx. This is not nor ever has been my forename or surname.



                          2. I understand the Agreement is dated 2005 and the service was terminated. Due to the historical nature of this alleged debt, I assert the debt falls under the Limitation Act 1980 and therefore statute barred.



                          3. The Claimant claims Interest at a rate of 8% per annum from the date of assignment, this is unreasonable and unfair.



                          I have requested copies of the Agreement, Assignment and full breakdown of the account including any interest or charges applied under Consumer Credit Act 1974 [sections 77-79] from the Claimant to enable me to submit my full Defence.

                          Comment


                          • #14
                            I've not had a response from the Claimant as yet, although I have received a letter off my credit card company stating they are changing the interest rate due to changes to my external credit report - due to either missed payments or a default or CCJ.

                            As I don't have any other creditors, I only have the one credit card (which is not in any type of arrears nor have I missed any payments) I'm presuming the Claimant have now recorded a default against my name even though the debt is in someone else's name (as detailed above). Are they allowed to do this prior to the small claim hearing? This is all very distressing. Many thanks in advance.

                            Comment

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