CCJ just discovered - overdales

[Matt1974]

Hi all

I have just gone to rent a property and have discovered a CCJ was entered by Lowell in 2022 actioned by Overdales , this is the first time I have become aware, I have done some reading and from what I can gather it is advisable to write to the solicitors to ask for a consent to set aside can any body please advise further?

all help appreciated

thanks

Matt

[Matt1974]

Tried to edit the post to say it was sent to an address that we had moved out of prior to the ccj court date

thanks

Matt

[echat11]

Hi Matt

Welcome to LB

The main thing to remember is not to settle the debt whilst the application to set aside is being processed.

Here's some info on set asides - https://legalbeagles.info/library/ho...-judgment-ccj/

[Matt1974]

Hi Echat11

thanks very much, I was hoping you would respond as from reading a lot of posts you seem extremely knowledgeable in this area, so I will write to overdales for a consent to set aside giving them 7 days to respond, I presume that after that time as expired I will have to submit the N244?

thanks

Matt

[echat11]

Hi Echat11

thanks very much, I was hoping you would respond as from reading a lot of posts you seem extremely knowledgeable in this area, so I will write to overdales for a consent to set aside giving them 7 days to respond, I presume that after that time as expired I will have to submit the N244?

thanks

Matt

If they give consent, then the fee is less, it also helps 'overall'. Make sure you get Proof of Postage.
Evidence that you left that address and had moved would be good, attach that with the consent request i.e. Tenancy Agreement, etc.

[Matt1974]

Just looking at the email it appears there are 3 combined debts

1) British Gas - electricity
2) British Gas - Gas
3) Sky

the last time I had British Gas was in a property and have moved 3 times since then
Sky I can’t even remember the last time I had a sky contract

what’s the best to send in terms of accessing information and to whom I.e BG, Sky or overdales

Claim No: xxxxxxxx



Claimant: LOWELL PORTFOLIO I LTD



Claimant solicitor: OVERDALES SOLICITORS

Telephone: 0333 1110806

Reference: xxxxxxx



Total Claimed amount: 1663.93



Particulars of claim: 1)THE CLAIM COMPRISES THE FOLLOWING AGREEMENTS THE DEFENDANT ENTERED INTO: A. SKY UK LIMITED WITH REFERENCE xxxxxxxx AND CURRENT BALANCE OF £251.50. B. BRITISH GAS TRADING LIMITED WITH REFERENCE xxxxxxx AND CURRENT BALANCE OF £778.23. C. BRITISH GAS TRADING LIMITED WITH REFERENCE xxxxxxx AND CURRENT BALANCE OF £342.43 THE AGREEMENTS WERE TERMINATED AS PAYMENTS WERE NOT MAINTAINED AND SUBSEQUENTLY ASSIGNED TO THE CLAIMANT. AND THE CLAIMANT CLAIMS: A) THE TOTAL OF THE SAID SUMS BEING £1372.16 B) INTEREST PURSUANT TO S69 COUNTY COURTS ACT1984 AT THE RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT TO THE DATE OF ISSUE, BUT LIMITED TO ONE YEAR, BEING £109.77 C) COSTS

[Matt1974]

nb. Utilities, Telecoms, Broadband, TV, Rentals, Overdrafts and Banking Accounts may not be covered by s.77-79 of the Consumer Credit Act.

does this mean I can’t apply to find out if they have an agreement in place?

thanks

Matt

[echat11]

nb. Utilities, Telecoms, Broadband, TV, Rentals, Overdrafts and Banking Accounts may not be covered by s.77-79 of the Consumer Credit Act.

does this mean I can’t apply to find out if they have an agreement in place?

thanks

Matt

They won't have agreements covered by the CCA 1974, but there will be Terms and Conditions which apply to the account.

Send Sky and British Gas a Subject Access Request, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Also you need to establish if they have billed you correctly. Information is so important to establish the facts.

[Matt1974]

Is this good enough or does it need to be a recorded delivery?

https://personal.help.royalmail.com/...-of-posting%3F

[echat11]

Is this good enough or does it need to be a recorded delivery?

https://personal.help.royalmail.com/...-of-posting%3F

Free Proof of Postage.

[Matt1974]

Hi Can I also send overdales an SAR or would it be Lowell?

Thanks

Matt

[echat11]

Hi Can I also send overdales an SAR or would it be Lowell?

Thanks

Matt

Lowell, if you sent it to Overdales, they would just send it to Lowell's.

That will extend the time to receive you SAR information.

[Matt1974]

or a CPR 31.14 request - not sure if this applies as the ccj is already on my record.

thanks

matt

[Matt1974]

Lowell, if you sent it to Overdales, they would just send it to Lowell's.

That will extend the time to receive you SAR information.

one stumbling block - I don't know the Lowell account number is this a problem

I had the account numbers for `BG and Sky from the particulars of claim so I have sent them both a SAR and await but I am mindful this could take up to 30 days

or is my name and address including old addresses?


thanks

matt

[echat11]

or a CPR 31.14 request - not sure if this applies as the ccj is already on my record.

thanks

matt

When you receive a Court Claim, you can send the Claimant / Solicitors a CPR 31.14 to obtain the documents they have stated in their Particulars of Claim to make the claim against you.