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Overdales - Notice of intent to apply for writ of control

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  • Overdales - Notice of intent to apply for writ of control

    Good Afternoon,

    So I have received a weird letter from Overdales today regarding a CCJ that has a first name very similar to mine relating to a debt that they claim I owe.

    It starts Dear "recip_salutation"

    and goes on to say it relates to a CCJ they obtained against me in early 2019.

    The name on the address bit of the letter is incorrect, say I'm called John, it is addressed to Jonny. The think is I have checked my credit file and the CCJ is showing on my file. A corresponding default for the same amount from Lowell is also showing from early 2013, I assume that this is the default it relates to because it is over 6 years from 2013 obviously and also the amount is the same.

    I did live at the address in question around 10 years ago, it was a house share situation with 5 other people, however have never been known by that name. It says it is for "telecommunications" so I assume a mobile contract or broadband or whatever. I think mobile because on "linked addresses" it seems that EE has linked from that address to every address that I have been too but I don't recall ever having an account with EE.

    I obviously want the CCJ off my record, but it is 3.5 years old now and it is not having too much affect on my credit that I am aware of. So it is not urgent for me to get it removed. Especially since I have been through the stress of a set aside before and it is a lot of work.

    What I am trying to establish is whether this is just a speculative letter or whether they are actually going to apply for a writ of control from the high court out of the blue after one letter for a debt they have had a CCJ for 3 years. Because I would prefer not to have bailiffs turning up at my house whilst I go through the process of applying to the court for it to be set aside.

    The debt was statute barred when they got the CCJ as far as I can tell.

    I don't know what to do, do I poke my head out and say oi what are you doing this isn't my debt I am going to apply for it to be set aside, or do I suck it and see if they actually spend the money enforcing a 3.5 year old CCJ.

    If I do the latter will I get official notification of the application through the court or will the next thing I hear be from the enforcers?

    Could really do with your advice here.

    Thanks,

    John

    Tags: None

  • #2
    may be able to help here ScottishSolicitor

    Comment


    • #3
      Sadly not as this looks like an English matter

      Comment


      • #4
        Oh! sorry misread notice of intent being scottish!

        Comment


        • #5
          set Aside Application

          if it definitely not your debt then get it set aside but recklaim from lowells, meantime send DSAR request no charge and see what they have and details of originator end get proof posting they have 30 days to respond. might get facts then.

          Comment


          • #6
            when did you 1st know about this? did you challenge? or usual done at old address

            Comment

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