CCJ Removal - as paper work sent to an old address

[maryam.a]

Hi,

I would be grateful with some support with trying to get a CCJ removed from my credit file.

CCJ was placed 7th September 2021. I had not resided at this property since November 2019.

I have car finance documents which used to come through to my new address throughout 2020.

Lowell placed the CCJ- it is currently with Overdales. The debt was for a Capital One credit card.

I offered to clear the full balance if they remove the CCJ however they are not playing ball. I have read about them doing the same with others on this forum.

They state that they can send documents to last known address.

I require to remove this CCJ by and means necessary as I am purchasing a property next year.

This website will be great for advice and moral support in my journey with this.

What should I do next? Contest the legitamcy of the paper work they have behind this claim. Or should I apply to court with the N244 form.

Should I instruct a solicitor?

[echat11]

Hi Maryam.m

Welcome to LB.

So what you are saying is that you didn't receive the Court paper regards the CCJ, as they were delivered to an address where you had previously lived, but didn't live at the time. If that is correct, gather the evidence you have regarding the addresses (check your credit file for evidence) send that to Lowell's. You are going to show the Court the same evidence, there's no point in Lowell's not playing ball. Make sure you get Proof of Postage.

[maryam.a]

Hi ECHAT11,

Thank you for your warm welcome!

So you are suggesting:-

1) I contact Lowell's not Overdales who now have the debt?
2) Should I contact Lowell's also simultaneously sending off the N244 form?
3) Should I offer to pay the debt in full if they agree to remove the CCJ. Or would that be worse as I am now indirectly admitting the debt is mine?
4) Should I also ask Lowell's to supply paperwork, credit agreement, statement of account as if they cannot this would be an additional reason for the judgement to be set aside?

Btw are you a solicitor?

Thank you for your help.

[dslippy]

Be cautious before assuming anyone advising here is legally qualified, let alone currently admitted, regulated or (most important) insured.

One or two are former solicitors, and a few more have substantial experience having advised on many situations here.

[echat11]

I'll start with that - 'Btw are you a solicitor?', no, there are some current / retired ones on this site.

1) I contact Lowell's not Overdales who now have the debt?

I have no doubt Lowell's will pass your request to Overdale's, but Lowell's can make a decision regards consent to set-aside the CCJ.

2) Should I contact Lowell's also simultaneously sending off the N244 form?

There is a cost difference between, if Lowell's consent to the set-aside or not, you don't know which fee you will be paying, no point in sending off the N244 form.

3) Should I offer to pay the debt in full if they agree to remove the CCJ. Or would that be worse as I am now indirectly admitting the debt is mine?

You need to get a Consent Order agreed by all the parties and the Court to make sure Lowell's keep to the agreement. If you pay the debt and Lowell's don't remove the CCJ, then you've achieved nothing.

4) Should I also ask Lowell's to supply paperwork, credit agreement, statement of account as if they cannot this would be an additional reason for the judgement to be set aside?

You can do, but I'm not sure that will help regards the set aside.

[maryam.a]

Thank you ECHAT11,

I will contact Lowell's with evidence of change of address.

I will also propose that I can clear the debt- just worried that this then makes me admit that the debt is mine and I cannot get out of the situation by asking them to provide original loan documents. I am happy to pay this debt; but do not want to put myself in a worse position in regard to being able to get CCJ removed.

[echat11]

Thank you ECHAT11,

I will contact Lowell's with evidence of change of address.

I will also propose that I can clear the debt- just worried that this then makes me admit that the debt is mine and I cannot get out of the situation by asking them to provide original loan documents. I am happy to pay this debt; but do not want to put myself in a worse position in regard to being able to get CCJ removed.

a) I will contact Lowell's with evidence of change of address.

Mark the letter with with Lowell's 'Without Prejudice'. Sending evidence of change of address is a good idea.

b) I will also propose that I can clear the debt- just worried that this then makes me admit that the debt is mine and I cannot get out of the situation by asking them to provide original loan documents.

As above make sure mark the letter is marked with 'Without Prejudice'.

c) I am happy to pay this debt; but do not want to put myself in a worse position in regard to being able to get CCJ removed.,

That's why you need to provide evidence, get them to consent to set a side the CCJ. then set out the terms of the Consent Order you will be seeking from the Court, do it in steps, don't pay until everything you want has been agreed under a Court Order. Do everything is small steps.

Update the thread, once Lowell's comes back to you.

[maryam.a]

Thank you ECHAT11,

I have decided to use a service I discovered online. The cost is £399. I feel it will be less work and I will have less uncertainty to the fact I am doing things correctly.

This site is brilliant and very helpful. If I had not read the threads I would have probably not even tried to get the CCJ removed.

Many thanks.

I can update on the progress with the legal company I am using if people will find it useful.

[echat11]

Thank you ECHAT11,

I have decided to use a service I discovered online. The cost is £399. I feel it will be less work and I will have less uncertainty to the fact I am doing things correctly.

This site is brilliant and very helpful. If I had not read the threads I would have probably not even tried to get the CCJ removed.

Many thanks.

I can update on the progress with the legal company I am using if people will find it useful.

O.K. good luck, do update.

[DarrenBoro]

I had a similar issue ( check my previous posts ) in the end I took it to court and the judge agreed with me, everything was served at my previous address and the CCJ was removed