Refunds from Lowell's re CCJ payment for Overdales

[Demtootief]

While progressing with a mortgage, I found out that I have CCJ on my Credit Report through Lowells/Overdales. I felt obligated to pay it because I needed the mortgage to complete. However, I challenged Overdales in writing on 6th October as 2 of the accounts were from a property I have never lived at. I made the payment of £1603 on 22nd September, only to be told that I had to pay Bailiffs fee of £88 as the debt had already been allocated to a bailiiff. As at today 16 October, the payment has not been registered at the County Court (CCBC) so that I couod obtain a Certificate of Satisfaction.

Prior to me calling the CCBC this morning, I received three (3) cheques (£17.83; £217.74 and £52.81) from Lowells on Saturday which stated they were in relation to overpayments to my Three Mobile accounts. I have not owned a three Mobile Contract since 2013 and I believe that these refunds are as a result of the letter I wrote challening the Accounts. I rung Lowells to question what these overpayments were in relation to, and was told that they are in relation to an overpayment'. I went into the matter of the CCJ and the fact that the defaulted accounts were not mine and I was asked 'why did I pay them if they were not mine?' this despite me stating I only found this out while applying for a mortgage. While speakign to Lowells, I was told that it can take up to 50 days for them to be notify the CCBC that a debt has been satisfied. This sounds like a long time between someone making a payment and the CCBC being notified.

Despite the CCBC categorically telling me that there was no notification from Overdales/Lowells that the CCJ had being satisfied and explaining how to instruct Lowells/Oerdales to urgently inform them, Overdales/Lowells are still adamant about the 50-day timescale.

Just at the end of the call, Lowells informed that they are chasing a fruther three debts in my name:

HBOS for £2911 taken out in 2000

Capital One - £2237.58 taken out in 2009 and last paid on 29 February 2016 (which is untrue, unless I have a fairy godfather)

Three Mobile - £362.71 taken out 14 January 2008

Lowells wanted me to set up a payment plan with them to repay these debts - which I declined and also wanted me to confirm my telephone number which I also declined.

Can I get a bit of advice in relation to these accounts, please?

[R0b]

Hi

You are going to have to be more specific about what advice you need because it's not clear to me what you want to do. Once you clarify what you would are wanting to do, then we can maybe help you on the next steps.

[Demtootief]

I wish to reject the three debts mentioned above due to the timescales involved and the fact that none of these debts have been serviced within the last 6/7 years. I am in the process of sending letters asking Lowell to provide the credit contracts for the debts.

[R0b]

I'm not sure what you mean by the debts have not been serviced but it sounds like you are trying to allude to the fact that they are out of time for bringing a claim. That may well be the case but there are also possible arguments you can make in addition to that. For example, the HBOS account was taken out in 2000 and if they are unable to provide the prescribed terms in accordance with the Consumer Credit Act, then that credit agreement becomes 'irredeemably unenforceable'.

For the Capital One agreement, you can also ask further questions such as, in respect of the last payment supposedly made in 2016, ask them to confirm the amount that was paid and the bank, together with the sort code and account number that the payment came from. You can verify whether they are telling the truth and if they did try to issue a claim, you can rely on that statement if they try to then shift that position at a later date.