ccj raised against from old address left in 2016 for credit card in 2020

[jill_stanton]

hi,
hoping someone can help.
my friend received a first letter from overdale solicitors last week (thursday 11th may 2023) about a CCJ raised against her on 24th august 2022. saying she owed approx £450
on investigation with overdales, it was from lowell portfolio 1 ltd chasing her for a capital one card on 1st july 2020 at an address in 2020 that she did not live at. (moved away from same address in 2016!)
she's contacted capital one and gave her full name and DOB and nothing was found on their system.
she's paid for an experian full credit record on name and DOB and nothing for that specific address was found and a capital one credit card was not found.
should she submit a N244 with the county court involved? and what should she do with the solicitors?

[echat11]

Hi Jill

Welcome to LB

Don't file any forms with the Court yet, you need more information.

So what your saying is that Overdales used an old address (2016) to get their CCJ?
Possibly sent documents to old address, to get CCJ.

She needs to check if a CCJ is registered in her name, there is a small fee,

https://www.trustonline.org.uk/

Update the thread once you've checked, then we can advise further.

[jill_stanton]

hi,
hoping someone can help.
my friend received a first letter from overdale solicitors last week (thursday 11th may 2023) about a CCH raised against her on 24th august 2022. saying she owed approx £450
on investigation with overdales, it was from lowell portfolio 1 ltd chasing her for a capital one card on 1st july 2020 at an address in 2020 that she did not live at. (moved away from same address in 2016!)
she's contacted capital one and gave her full name and DOB and nothing was found on their system.
she's paid for an experian full credit record on name and DOB and nothing for that specific address was found and a capital one credit card was not found.
should she submit a N244 with the county court involved? and what should she do with the solicitors?

Hi,
the ccj wasn't found with her name at current address or previous address of 5 years, or the one prior to that.
but it was found against the address (advised by overdales) for capital one credit card taken out in 2020 but she moved out of that address in 2016.

[echat11]

So they've used a previous address (2016) to obtain a CCJ on a debt for a Credit Card taken out in 2020 at a different address?

If that is the case, which I think it is, then write to Lowell's (send a copy to Overdales) ask for them to consent to set a side the CCJ, if they give consent the it costs less to get the CCJ set a side. Make sure you get Proof of Postage.

[jill_stanton]

So they've used a previous address (2016) to obtain a CCJ on a debt for a Credit Card taken out in 2020 at a different address?

hi,
they've used an address she used to live at (that she left in 2016), in july 2020 to obtain a credit card in same name & dob

nb. she's now reporting on https://reporting.actionfraud.police.uk/login

[echat11]

Your friend needs to send Lowell's (send a copy to Overdales) evidence of her address after 2016 so they can consent to the set a side. She can send her Experian Credit Report if that provides the evidence of her addresses.

[DE DOGS]

I was thinking that somebody has applied and gained the C/C in her name. (Fraud) Personally, I would think of requesting a copy of the original C/C application from Lowell portfolio, details of the Court Case reference, and also any other information they hold.

[DE DOGS]

I was thinking that somebody has applied and gained the C/C in her name. (Fraud) Personally, I would think of requesting a copy of the original C/C application from Lowell portfolio, details of the Court Case reference, and also any other information they hold.

Echat 11 my thoughts.

[echat11]

Send Lowell's a Subject Access Request, they have 30 days to provide all the data on the account. Make sure you get Proof of Postage.

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

[jill_stanton]

thanks all, have done a written letter to both of them about setting aside the ccj as we believe it's a fraudulent transaction and evidence of this can be provided upon request also included actionfraud crime reference number (inc. proof of postage) and sent the same via email.
doing sar request to lowell and capital one as well
holding off on N244 form for now.

[echat11]

Update the thread when they respond.