CCJ set aside advise/ HELP Please.

[ansonlee]

Amethyst Thanks you so much for the WS.
5. My address changed in November 2015, at which time I informed the original creditor and the Judgment holder by telephone and through an online contact form ( EXHIBIT B ) (attach evidence – eg phone bill showing call & email confirmation of contact form)

I don't think i can find phone bill to showing call to very & email confirmation for address change.
I do have a statement by very on may 2018 post to my current address.
My very online account still show my current address.
I got letter by Lowell Financial Ltd on march 2019 send to my current address.
On my credit report showing my current address on Lowell Portfolio Ltd.

Should i attach all this document with my WS.

Can i send a CCA,CPR & SAR request now or i need to wait for set aside result first?

Cheer.

[cho11]

Amethyst

[Amethyst]

Amethyst Thanks you so much for the WS.
5. My address changed in November 2015, at which time I informed the original creditor and the Judgment holder by telephone and through an online contact form ( EXHIBIT B ) (attach evidence – eg phone bill showing call & email confirmation of contact form)

I don't think i can find phone bill to showing call to very & email confirmation for address change.
I do have a statement by very on may 2018 post to my current address.
My very online account still show my current address.
I got letter by Lowell Financial Ltd on march 2019 send to my current address.
On my credit report showing my current address on Lowell Portfolio Ltd.

Should i attach all this document with my WS.

Can i send a CCA,CPR & SAR request now or i need to wait for set aside result first?

Cheer.

Statement or any letters addressed to your current address as opposed to the old address will be fine. Really anything to show that before they issued the claim they were fully aware of your new address.

You can send SAR and CPR requests now - the CCA will have to wait for the set aside (as the CCA s.78 doesn't apply after judgment ).

[ansonlee]

Amethyst

Received email by Lowell Solicitors this morning.

You have alleged in your recent correspondence that legal proceedings were issued to the incorrect address and therefore wish for us to consent for the County Court Judgment to be set aside.

We can confirm that as per records held on Experian, our Trace team has found a record of an application made in March 2019 for a credit card and for holding a bank account at the address of xxxxxx (my old address). This information is sufficient proof that you were registered to the address that legal proceedings were issued at therefore, Judgment was obtained correctly.
We will not be consenting to the terms for the Judgment to be set aside and we will contest any Application to set the Judgment aside.
If you wish to seek any independent legal advice, you can do so from an independent solicitor or from the Citizens Advice Bureau.

I can see a 7 searches between 19 march 2019 - 22 march 2019 to using my old address to apply a loan & credit card under my name,but is not me to apply it.

I can confirmed my current address is shown on Electoral roll March 2018 - Present,April 2016 - March 2018.

What can i do now?Should i go ahead the set aside application now or reply email back with evidence?

Thanks

[Amethyst]

You can see the searches undertaken on your credit file for a credit card and loan at your old address and in your name. Can you see the companies that did these searches ( specifically any that are application searches ?) - It may be worth getting in touch with those and asking them for more details ( explain you were not at that address and did not make any applications so are concerned to see these searches appear on your credit file ). You should be able to find out if these are actually someone having made application in your name from your old address, or if these are searches done for say, updating insurances or checking historical data on new applications you actually have made. Then anything comes back from that you can respond to Lowell with and include in your application.


Was your previous property a rented property and could you have still had post going there that might have enabled someone to try and take out loans using your details?

[ansonlee]

Amethyst

19/03/2109
Moneysupermarket Application type – Credit Card Quotation
Mark&Spencer money Applicattion Type - Credit Card
Bank of ireland uk personal loan Application type Identification – Generic Check
Moneysupermarket Application type Quotation – Unsecured Personal Loan Quotation
Bank of ireland uk personal loan Enquiry
moneysupermarket Application type - Credit Card Quotation

22/03/2019
Mark&Spencer Application type Unregistered Enquiry

Is rented property on my previous address,but i have update all my bank,insurance,driving licence,so i don't think any important letter will send to my old address with my DOB on it?

I just found out other search at my old address
02 Dec 2019
Moneysupermarket Quotation – Unsecured Personal Loan Quotation
Oakbrook Finance Limited Application type Quotation – Unsecured Personal Loan Quotation Amount£5,000.00.


What the best way to contact those company?by phone/writing/email? I have no idea how long they will get me back.I really don't want Lowell send a bailiffs to my home.

Thanks .

[ansonlee]

Amethyst

I can see LOWELL PORTFOLIO I LTD has added or removed a MAIL ORDER account from your Experian Credit Report on 17 Feb 2019.

Address it is registered at: my current address.

[Amethyst]

Most seem to be 'quotation' searches - so those credit file checks that are soft searches before you actually make an application. Could have been generated as simply as doing a comparison search on moneysupermarket that had your old details saved ( from previous app or insurance searches ) and it's far too easy to click 'see if I might be eligible' type buttons. Doesn't look like any Applications have been made - and declined or approved etc - so.... that's good from a ID theft point of view, and also a good explanation to Lowell, who shouldn't be relying on soft searches from comparison sites to check address data, particularly when they have already written to you at your new address.

Could have a chat with Moneysupermarket data protection dept and ask them to confirm what these searches arose from - then you can put that back to Lowell.

Also, soft searches shouldn't show to Lowell …. so that's a bit odd. Which credit file is it on? Might be worth a chat with the credit reference agency too - Experian /Equifax/ TransUnion.

You can get your application sorted and filed if you want to though. But try find out what you can about the searches in case they decide to try making the same argument against your app at court.

[Amethyst]

Amethyst

I can see LOWELL PORTFOLIO I LTD has added or removed a MAIL ORDER account from your Experian Credit Report on 17 Feb 2019.

Address it is registered at: my current address.

They'll argue the 'last' info was for previous address I suspect... as the searches they're relying on were after that one. I think you want to show that those were soft searches not be relied on for anything and point out the last actual change to the credit file was themselves adding the account they are claiming on now with your correct address.

It is just a 'try and put them off' letter - you're meant to decide it's all too hard, give up and pay them the judgment amount …

[Amethyst]

Also - on your bank account - did you change your address with them and they haven't reported the change through to the CRA's yet ?

[ansonlee]

Amethyst

1.

Also - on your bank account - did you change your address with them and they haven't reported the change through to the CRA's yet ?

How can i find out have they reported to CRA or not?I have moved to my current address in Nov 2015 and all the Active account is showing my current address on Experian.

2.Also, soft searches shouldn't show to Lowell …. so that's a bit odd. Which credit file is it on? Might be worth a chat with the credit reference agency too - Experian /Equifax/ TransUnion.

Experian.

It looks like this 2 is hard search?
Mark&Spencer money Applicattion Type - Credit Card - ​Can impact your Experian Credit Score.
Bank of ireland uk personal loan Enquiry - ​Can impact your Experian Credit Score.

Can i still argue with soft searches& they have already written to me at my new address?



The odd things is all this credit search with my old address is happen after LOWELL PORTFOLIO I LTD has added a MAIL ORDER account from my Experian Credit Report?

Can they really argue my 'last' info was my previous address because as the searches? even no any approved application on all this searches?
Why they not think my active account & Electoral roll is my last info to send court letter to?
Thanks

[Amethyst]

Any hard searches you want to be querying as you didn't make the applications - hard searches will affect your credit score - and if the applications were accepted there may be some ID theft going on which you want to sort out. Speak to the two companies involved and Experian sothat you have the facts of what's going on before you go back to Lowell.

[Amethyst]

BOI https://www.bankofirelanduk.com/help...of-ireland-uk/

M&S https://bank.marksandspencer.com/explore/contact-us/

Experian- https://ins.experian.co.uk/contact

[ansonlee]

Any hard searches you want to be querying as you didn't make the applications - hard searches will affect your credit score - and if the applications were accepted there may be some ID theft going on which you want to sort out. Speak to the two companies involved and Experian sothat you have the facts of what's going on before you go back to Lowell.

Amethyst Thank you for giving me advice,will do it now.

[ansonlee]

Amethyst
just spoke to Experian,they confirmed is hard search,now they will help me contact BOI & M&S directly to investigate what happen,it will take up to 28 days for the reply.
I don't think the application was accepted,nothing new account show on my credit report.
Do you think i still need to contact them by myself? What should i ask.
Experian also confirmed no active bank account holding in my old address. Should i ask Lowell which bank account holding my old address?


Thanks