CCJ sent to old address

[Foxes16]

Hi everyone,

My partner discovered a CCJ on his credit file about a month ago, he knew nothing about it as it had been sent to an old address. Just pulling together what we should do about it. Went to Citizens Advice who suggested to contest the CCJ and to make an appointment to help fill out the N244 form. Well its been nigh on impossible to get an appointment, sat on the phone for hours not able to get through. Came on here and it has suggested to send claimant a consent to set aside order, so have written one. Question is, do we send via post or is email ok, or do both? Claimant was Lowell now Overdales.

Thanks in advance.

[Foxes16]

Also, do we need to send a SAR to Lowell?

[MIKE770]

Set Aside Applican N244 if

General application (N244) – by consent or without notice	£108
General application (N244) – application on notice	£275

wrong address then good case to set aside but means starts all over again, so tell us what it is all about? certain benefits can have it waved? How to apply for help with fees (EX160A) - GOV.UK

[MIKE770]

send letters get proof posting not email as easily lost no charge proof posting but gibe insite to claim what does it say?

[Foxes16]

Thank you, I have sent letters with proof of posting. Apparently its for 3 debts rolled into 1 CCJ, communications and utilities.

[Foxes16]

Overdales have not responded so other half will phone tomorrow to see if they are to accept or reject the consent order. Question is - if they consent to setting aside if the money owed is paid, should he accept? Or push on with the N244?

[MIKE770]

echat11 maybe able to advise

[echat11]

Overdales have not responded so other half will phone tomorrow to see if they are to accept or reject the consent order. Question is - if they consent to setting aside if the money owed is paid, should he accept? Or push on with the N244?

a) Overdales have not responded so other half will phone tomorrow to see if they are to accept or reject the consent order.

If they accept the Consent Order, then the fee is reduced (approx £100). Again make sure the Consent Order is 'sound', not 'trappy', don't pay the money until the Court approves it and think they are on your side.

b) Question is - if they consent to setting aside if the money owed is paid, should he accept?

He should accept the Consent Order, but don't make payment straightaway, make sure the correct process is followed.

c) Or push on with the N244?

No need to push on with N244.

[Foxes16]

Thanks echat11. OH spoke to Overdales just now, whilst they said they received our letter, and are at fault for sending to the wrong address, they won't accept the consent order. So they said he'd need to apply to the court. Looks like its the N244 route then...Will try and work on this today/tomorrow but we are on holiday from Wednesday for 10 days. Do you think it would be ok to submit after this? I'm worried about timescales. I have read quite a few threads (on other forums too) where others have pulled together everything required and I have to admit I find it all very confusing as it seems to be different every time, so will need some guidance. Please and thank you

[echat11]

This needs to be done in writing, it also gives you time to have your holiday, 'then crack on with this' when you return, you will have a response from them. Make sure you get Proof of Postage.

Overdale's has taken ownership in that they admit sending the letter to the wrong address, you need to write back to them, say they've admitted that the letter was sent to the wrong address, but aren't willing to do anything about it.

Tell them you want to raise a formal complaint with them about this. You are also considering making a complaint with the ICO, as they have breached Data Protection Principles by sending the letter to the wrong address (I believe you might be due compensation from Overdales).

'OH spoke to Overdales just now, whilst they said they received our letter, and are at fault for sending to the wrong address, they won't accept the consent order. So they said he'd need to apply to the court.'

[Foxes16]

Thanks again echat11, I've drafted a letter to Overdales with the above. Should I send to the complaints department or just general address? Should I give them a timescale in which they need to respond?

[echat11]

Thanks again echat11, I've drafted a letter to Overdales with the above. Should I send to the complaints department or just general address? Should I give them a timescale in which they need to respond?

Yes, send it to their Complaints department.

A timescale isn't necessary, as they will have complaints protocols set out on their website.

[Foxes16]

Hi echat11, we have returned home to a response from Overdales:

"We can confirm receipt of your recent correspondence.

We have noted your comments. We have been provided with the address (old address) by the original creditors. It is your obligation to keep creditors updated with your contact details. We are not instructed to have the Judgment set aside in this instance, as we are satisfied that the Judgment was entered correctly at your last known address. We can confirm your address has been updated to (current address).

You are now required to comply with the court order."

Then a load of bumph about if the CCJ is unaffordable, and agreeing affordable payment terms, providing details of income and expenditure etc... and then "Please respond by return with the requested information. Failure to respond may result in enforcement action being taken, with further costs incurred."

Nothing about the 30 day hold on the account which they said they would put on the case (and in the last letter to them).

Where do we go from here?

[echat11]

Can you check with the various Credit Reference Agencies, Electoral Register etc when you were listed at your new address?
And how that tally's up with the date that the CCJ was issued.

They need to keep to what they stated, i.e. the 30 days - account on hold.

[Foxes16]

Yes indeed, moved March 2020, added to electoral roll at new address June 2020 (Equifax states this exact month, Experian and Transunion just say not reported), CCJ issued Oct 2020