CCJ sent to old address

[echat11]

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

a) Is the following correct?

Did the letter requesting Consent that your OH sent have your current address on it?

But they still sent their response to the wrong address.


b) Yes, they may of had the wrong address on their systems, they would have known that as there was no response from your other half.

Before issuing proceedings they need to track down the correct address via Credit Reference Agencies, Electoral Register etc. but they didn't.

[Foxes16]

The letter requesting consent had the new address on it, all correspondence from them since then has been to the correct address, only the original letter before court action was sent to the old address

[echat11]

The letter requesting consent had the new address on it, all correspondence from them since then has been to the correct address, only the original letter before court action was sent to the old address

O.K. write back, make sure you get Proof of Postage, explain that although the original creditor didn't have an updated address.

The new address could easily be found via the Credit Reference Agencies who had that information.

Before issuing Court proceedings they failed to carry out any 'trace activity' to locate the correct address.

[Foxes16]

Ok, will do, thank you. Does he essentially say what he did in the last letter as well as failing to trace properly, I.e. they admitted responsibility by not checking, that they should consent to set aside, and that he will raise a complaint with FCO? Do we say anything about the N244 form yet?

[echat11]

Ok, will do, thank you. Does he essentially say what he did in the last letter as well as failing to trace properly, I.e. they admitted responsibility by not checking, that they should consent to set aside, and that he will raise a complaint with FCO? Do we say anything about the N244 form yet?

Yes the same letter, but pointing out that they didn't carry out any 'trace activity' when they knew they weren't getting any response from your OH.

That the CRA's had the latest address information. You could mention complaining to the ICO (not the FCO)

No need to mention the N244.

[Foxes16]

Ok, thank you. Sorry meant ICO

[Foxes16]

Hi Echat11, just to update you. Letter was sent to Overdales last week, reply received today saying that the complaint was now with their complaints department and they'd look into it. Not sure why they didn't send that the first time round!

[echat11]

Hi Echat11, just to update you. Letter was sent to Overdales last week, reply received today saying that the complaint was now with their complaints department and they'd look into it. Not sure why they didn't send that the first time round!

O.K. Thanks for updating.

[taylo0011]

You need to write back and repost on the same address and tell them you send it to wrong address

[Foxes16]

Lowell have not responded to the SAR and one month is up, what do we do about that?

[echat11]

Lowell have not responded to the SAR and one month is up, what do we do about that?

Send the following as a follow up letter (Make sure you get POP), add the following line,

'Further to my Subject Access Request on XX/XX/XX which has not been responded to by XXXXXXXX, I give XXXXXXX a further 30 days to respond to my request.'

https://ico.org.uk/your-data-matters...h-the-outcome/

[Foxes16]

Put the above in the post this morning just to receive a response from Lowell with the post Never mind, maybe it got delayed in the strikes. Anyhow, they've requested another 60 days to be able to fully respond.

[echat11]

Put the above in the post this morning just to receive a response from Lowell with the post Never mind, maybe it got delayed in the strikes. Anyhow, they've requested another 60 days to be able to fully respond.

If you want to, you could write back stating the following:

'Thank you for your letter of XX/XX/XX., the contents of which have been noted.

Lovell's has already had 30 days to provide the requested information, I provide a further extension of another 30 days. If Lovell's doesn't provide the requested information within 30 days, a formal complaint will be lodged with the Information Commissioners Office.'

Make sure you get Proof of Postage.

[Foxes16]

Hi Echat11, letter received from Overdales regarding the complaint. Unfortunately they still think they are in the right, please see attached photos. Apologies if this is illegible, I don't have access to a scanner at the moment but will do on Friday.

[R0b]

Just a point of note, applications to set aside a default judgment must be made promptly after becoming aware of the CCJ. You have, since at least August or earlier, known about this CCJ. Overdales have made it clear that they refused the consent order so your next steps should have been to issue an application to set aside the default judgment.

Faffing around making complaints to Overdales and/or the ICO does not help you in getting the judgment set aside and as it stands, you owe Lowells the money as listed on the judgment. The longer you continue this, the more at risk you are of the judge refusing to grant your set aside application on the basis that you were not prompt - 2 months to file an application is not prompt. Unless you can rely on a mandatory set aside where the court has no discretion to refuse the application (and you will probably need to argue and explain the basis behind this), you seriously need to get your skates on.

To contradict Echat (sorry), forget the ICO or any subject access request and get your N244 application in. You can focus on these alongside your application but the set aside should and must be priority.