Ccj Advice

[colino63]

Hello to all,i came across this forum in the hope for some decent advice regarding a ccj that has been registered against me but isn't actually mine,if some body can point me in the right direction it would be much appreciated thankyou

[jaguarsuk]

Hello to all,i came across this forum in the hope for some decent advice regarding a ccj that has been registered against me but isn't actually mine,if some body can point me in the right direction it would be much appreciated thankyou

You're going to have to elaborate a little.

What's it for?
How is it in your name if it's not yours?
Did you receive a claim form?
If you did what did you do?
If you didn't why not?
What if anything have you done or tried to do about this so far?
When did you first find out about it?

[colino63]

Hi i first found out about the ccj approx 4-5 weeks ago after applying for finance and getting refused which i thought was strange as i thought i had decent credit,of course i checked my credit file and it turns out after some investigation it was my son who had had a bill from 02 mobile had not paid it and the Debt agency Lowell Portfolio took him to court and got the judgement but registered it in my name ,we share the same first & last names but he has a different middle name and obviously his d.o.b is vastly different we are both on the electoral list at the same address.
I was not aware of this problem he had, hence never received paperwork as it was not really my problem until now of course,after speaking to him he actually said it was his, admitted owing the money and phoned Lowell to try and correct the error agreed a payment with them and according to them they would remove the ccj of my record and transfer to him if that's even possible ,yesterday i phoned the court to see if there had been any attempt by them to remove it of my record and was told no there had not been any attempts and so got my son to phone Lowell again they will not speak with me and they said they had made a request but i can only go by the info the court told me,what is the best course of action to take as i've not had to deal with anything like this before any help or advice would be most welcome

[R0b]

Hi Colino63,

I'm afraid you might need to ramp up the pressure here with Lowell. The Courts expect you to make applications promptly when you have a default judgment registered against you (assuming your son never filed a defence) and waiting around 4-5 weeks so far is certainly not prompt. You need to stop hanging around for Lowell to do things and you should now be looking to do it yourself.

The cost of an application to set aside the CCJ is £255, but if you are successful then you can claim those costs back, plus any costs in preparing the application, witness statement, other evidence at a rate of £19 per hour. I would also look to asking the court to make an order of summary judgment too given that your son has now admitted that the debt belongs to him and not yourself.

As Lowell have got this wrong, then they need to bear the costs of correcting it. I would suggest a letter to Lowell in the first instance explaining all of this and you should also put a time limit on them complying too. If there is no evidence that they have made an application to the court by, let's say Friday 31 August, then you will be making your own application to the court and seek all costs incidental to the application.

If you want some feedback on your letter, then post up a draft on here first and we will comment on it.

You might wish to have a read of the link below which is guidance on setting aside a default judgment.

http://legalbeagles.info/forums/foru...tailed-version

[colino63]

Hi Rob many thanks for the reply,i have drafted a response to lowells and would appreciate your thoughts

Dear Sir/Madam

My name is ........... and my son is ..............

A County Court Judgement was awarded to yourselves at Northampton County Court in relation to an outstanding debt relating to a mobile phone company,however Lowell Portfolio then proceeded to give my details to the court to issue the CCJ against unbeknownst to myself until i applied for credit and was refused,upon then checking my credit file i was horrified to see the CCJ was registered to me and not my son as it should have been as i was not even aware of this problem i have never seen/received any paperwork at all from yourselves regarding this matter.

My son who by the way admitted to your company the outstanding debt was his has now on 2 separate occasions telephoned yourselves the latest person calling themselves Tom on ext 7214 only to be told you had made an application to the courts to remove this CCJ against my name,however on the 21/08/2018 i telephoned Northampton county court business center and on speaking to a representative of the court was assured no such application had been made by yourselves or anyone for that matter from your company

As Lowell Portfolio has clearly made a major mistake in this instance you need to correct it at no cost to myself whatsoever i will now give you 7 days from the date of this notification to comply and correct this with Northampton county court if i find no application has been filed i will make my own application to the court and seek all costs incidental to the application.

Regards

............................

[R0b]

Hello,

Slight variation to your and expanding on a few points, feel free to use what you want but is just a quick job. If you are sending this by email I would suggest that you put in the subject line something like "Urgent - Intention to issue application to set aside CCJ" to grab their attention. You also need to make sure you put in the claim number because you'll need that if you make an application to the Court.

Anything in brackets needs to be replaced with the information you have. In terms of deadline to respond, I would give them 7 days as you suggest in your draft.

----------------------------------------------------------------------------------

Dear Sir or Madam,

Re: County Court Judgment (Claim no. XXXXX)

It has come to my attention that a County Court Judgment (CCJ) was awarded in your favour concerning an outstanding mobile phone debt with [name of company] that was subsequently purchased by Lowell Portfolio Limited (Lowell). I have never had a contract with [company name] and on further investigation, the debt was in fact, belonging to my son. I should point out that my son and I share the same name and it appears that you have incorrectly issued a claim against me as opposed to my son.

You will be aware that my son has attempted to contact you on several occasions with regards to this debt including an employee named Tom with the extension number 7214. He was informed that an application was made to the court to remove the CCJ however, I contacted Northampton County Court on 21 August and they confirmed that they had received no application from Lowell. Furthermore, I have received no correspondence from the court that such an application has been made.

I am becoming increasingly concerned that Lowell are not taking this matter seriously and having been given ample opportunity to remedy and you are now put no notice that unless an application with notice has been sent to the court by 4pm on [date], I will make an application to set aside the CCJ myself. In addition to the set aside, I will also seek summary judgment on the basis that the CCJ was negligently issued in my name by Lowell and I have no contract or dealings with [company name]. As set aside applications are not subject to the small claims rules, I will be requesting that the court make an order to pay all costs incidental to the application including, the application fees of £255 plus legal costs at a rate of £19 per hour.

Finally, the registration of the CCJ has caused considerable damage to my credit file which has resulted in me being refused credit. This has caused a great deal of stress and inconvenience and I believe that I should be compensated for Lowell's negligence. Whilst my son and I share the same name, you must have, or ought to, have realised that his date of birth does not correspond with mine. I am open to your offer of a reasonable sum of compensation for what you have done, but should you refuse, I will consider commence further legal proceedings against Lowell and seek to claim what I believe to be a reasonable amount.

I would appreciate if you deal with this issue as a matter of urgency and I stress that if I do not hear back from you by [date], I will assume that no application has been made to the Court and will instead proceed with my own.

I look forward to hearing from you in due course.

Regards,

[your name]

[colino63]

Hi all will update any news here as to how things are going as soon as i receive any