Lowell CCJ Advice - Help please!

[echat11]

Hey guys - have an update. They have rejected my settlement offer and have lodged an appeal, to be expected really as a last chance saloon i would have thought? Their main points are that since it is not my name on the judgment, i have no right to have put forward the set aside application in the first place which was the argument that was raised in the hearing as well. I've attached a redacted pdf of their application and their email response. Please let me know your thoughts!

attached Files

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• 39f91309-62af-408e-916d-6aee2080a524_compressed.pdf

rob

Do you think you can take a look at the Creditors Appeal attached, they clearly feel the Judge is at fault in making the Judgement he did without nailing down the identity of the Defendant.

[Huxie]

echat11 For info: it’s R0b with a zero(0) not an O R0b

[R0b]

Sounds like the application/hearing was unnecessarily complicated and I'm not quite following so someone is going to have to summarise the situation, as I am not quite understanding the the appeal in the context of the set aside.

[echat11]

soursocrates Can you do a summary, break it down into numbered points, pre-hearing and the hearing itself.

[echat11]

echat11 For info: it’s R0b with a zero(0) not an O R0b

Thanks.

[soursocrates]

Hi all, apologies on the delay in getting back to you. Here’s a summary of the case so far, hopefully it helps.


CCJ Summary


Pre-hearing

1. I conducted a multi agency credit check for the first time early this year. In this multi agency report, I saw a CCJ under the name of ‘Jeffrey J o r d a n’ (fake names for an example) dated in mid 2021 at an old address of mine
2. My name is ‘Michael J o r d a n’ and J e f f r e y doesn’t appear on any official identification for myself
3. I reached out to the court on the CCJ to get info on the case, they pointed me in Lowell’s direction
4. Lowell then informed me the CCJ is two consolidated debts, one for a PayPal credit agreement which is under the name of Michael J o r d a n & a second debt for a TalkTalk internet contract which is under the name of Jeffrey J o r d a n.
5. Both debts originate from a previous address I lived at for a brief period of time back in 2014 which had multiple occupants. The two debts were then consolidated into one and a single CCJ was applied for in 2021 under the name of ‘Jeffrey J o r d a n’
6. I did not receive any court information as I had moved from the address the CCJ was filed against in 2021 a few months before it was lodged. I had not received any letters relating to this debt beforehand either. So as a result, I was not able to challenge or be aware of these proceedings
7. I contacted Lowell to request a step aside with consent based on these grounds. It was denied with them acknowledging my first name is not correct on the CCJ documentation vs my passport, but that they believe it to be me regardless due to the address match & that a middle name of ‘Jeffrey’ had appeared on one of my old current accounts dated in 2014 on my credit report.
8. I informed Lowell that this was the case after visiting a branch and that this was a mistake after confirming the mistake whilst visiting the branch to check. I then requested for the branch to change the name on the system to my correct name on my passport which is Michael J o r d a n, without any mention of J e f f r e y as a middle name. In addition, on any and all bank statements prior to this, there was never any mention of J e f f r e y as a middle name. My name had always appeared as Mike J o r d a n before updating it after this situation to Michael J o r d a n.
9. I then drafted and sent my N244 application to begin the set aside process thanks to the help of echat from this forum.

---

Hearing

1. I met with the solicitor who was representing Lowell in the waiting room, he seemed confused by the case, and naturally asked me if I was the same person as on the judgment. I said that I am not and listed my arguments, he believed me and mentioned in his mind it seemed to be a case of fraud. But that he naturally had instructions and had to pursue the outcome of having the set aside denied, and for the judgment to instead be varied to be for Michael J o r d a n instead of Jeffrey J o r d a n.
2. I confirmed with him what documentation I would be using as evidence in my favour, it was identical to that which I included within my pre-trial bundle. The main evidence for me though was my passport as it is dated from 2014 and has the name Michael J o r d a n only. And has no mention of Jeffrey as a first name (as mentioned on the judgment) or as a middle name.
3. In the hearing itself the main arguments they gave is that they believe myself as Michael J o r d a n and the person who the CCJ was filed against, Jeffrey J o r d a n are one and the same person. And though the name on the judgment is incorrect, it should still stand and/or be varied as mentioned before.
4. To begin with I first I showed the judge my passport and he acknowledged that the name difference and there being no presence of Jeffrey.
5. They mentioned the address history having matched & that my email which is michael******@gmail.com matches the email that was present for the PayPal agreement. (The email for the talk talk agreement was different: michael******@yahoo.co.uk)
6. They also said that because my name is Michael J o r d a n as Identified myself on my passport & not Jeffrey J o r d a n as it is on the CCJ, I should have no right to apply to have this judgment set aside.
7. In my defence I raised that I was unaware an unable to challenge, the judge also mentioned that I would be illegally opening post not addressed to me if I opened mail from Lowell or the courts pertaining to this case which were addressed to Jeffrey J o r d a n. So this has been my first opportunity to have my case heard.
8. I also mentioned that the emails used were different, and that the yahoo email is not one that is associated with me.
9. The judge questioned the claimant as to why he should not strike out this judgment completely due to the name difference & Lowell responded that my name does appear on the Paypal agreement, so on that basis, my correct name has some association with one of these debts.
10. The judge requested evidence of myself actually having entered into this agreement & asked where my name and details had actually come from in terms of the agreement as there are no signatures present on the agreements, and it is simply names from a database which has been given for evidence. Lowell could not provide any further evidence.
11. The judge said there there is most definitely reasonable grounds/a fair chance of success in my set aside appeal due to the naming issue and passport proofs alone. He also mentioned that this seems to be a prime case of identity theft.
12. The judge ordered that the CCJ should be set aside with a trial to be conducted to hear evidence in full.
13. The judge ordered that at trial, Lowell must prove that the debts belong to Michael J o r d a n of my current address, date of birth and original birthplace as stipulated on my passport.
14. My defence will be what I have included as part of my witness statement on my N244 application.

---

Post-hearing

15. I then reached out to lowell in order to settle in light of the step aside, with a first offer of 150 pounds, this was denied, then a second offer of 500 pounds. This was also denied, with them saying their client will likely only agree to a payment of the debt in full.
16. They then mentioned they are appealing the judgment as mentioned.
17. As of yesterday i have received a message to say the appeal has been accepted with a new court date of the 19th being granted. I have attached an image of this FYI on this imgur link: https://imgur.com/a/ge4pqHx



Hopefully the above helps summarise most of what’s happened before and during the hearing. There may be some details missed out, but that’s the bulk of things. If you have any questions, please let me know.

[soursocrates]

*Deleted*

[soursocrates]

*deleted*

[soursocrates]

Hi guys - i've tried to upload my response to your request for a summary. But it doesn't appear to display, i've cleared my cache and refreshed multiple times. But it isn't showing up as having made my comment at all. Not sure if it was too long of a message or what. Tried separating out the content as well, but it won't come through correctly. Probably an issue on my end, but without a warning on the front end to tell me what it is, i'm unable to fix it. So i've put it into pdf format instead, sorry its not as easy to refer to, but hopefully this helps. Any help would be appreciated.

[soursocrates]

I have also just received this mail from lowell 10 minutes ago (attached)

[echat11]

Hi guys - i've tried to upload my response to your request for a summary. But it doesn't appear to display, i've cleared my cache and refreshed multiple times. But it isn't showing up as having made my comment at all. Not sure if it was too long of a message or what. Tried separating out the content as well, but it won't come through correctly. Probably an issue on my end, but without a warning on the front end to tell me what it is, i'm unable to fix it. So i've put it into pdf format instead, sorry its not as easy to refer to, but hopefully this helps. Any help would be appreciated.

R0b A summary is now up, if you can take a look that would be good.

[soursocrates]

Seems that this is time sensitive due to the bundle requirements set by the court and needing to be agreed by myself and lowell for the hearing. Maybe i am being needlessly negative, but i am considering settling this debt in full with lowell with an offer on Monday. As the worst thing i would hopefully lose should they accept the offer would be 1,197 pounds. Not a small amount of course, but not massive either. And that would achieve my goal. I can always work more and get the money back. But i fear that because their appeal is successful, the judge may deem that the CCJ be reapplied and even if i pay the judgment, it will still count as an old judgment and it won't be struck off? any thoughts? What would you do in my position? I think settling in full would give me the piece of mind, but if i have a strong chance in court, i would be prepared to go ahead. Just keen to get your thoughts echat11 & R0b. thanks in advance guys/

[R0b]

This is a right old mess and I'm still struggling to wrap my head around the issue.

Did the judge give any reasons for adding you as a second defendant to the claim at the hearing or did you only find out about this at after the hearing when the order was made?

[soursocrates]

Seems that this is time sensitive due to the bundle requirements set by the court and needing to be agreed by myself and lowell for the hearing. Maybe i am being needlessly negative, but i am considering settling this debt in full with lowell with an offer on Monday. As the worst thing i would hopefully lose should they accept the offer would be 1,197 pounds. Not a small amount of course, but not massive either. And that would achieve my goal. I can always work more and get the money back. But i fear that because their appeal is successful, the judge may deem that the CCJ be reapplied and even if i pay the judgment, it will still count as an old judgment and it won't be struck off? any thoughts? What would you do in my position? I think settling in full would give me the piece of mind, but if i have a strong chance in court, i would be prepared to go ahead. Just keen to get your thoughts echat11 & R0b. thanks in advance guys/

Yeah its pretty tricky. The judge added me as a second defendant to allow me to actually represent myself and act in the case in my favour. Otherwise, i would have no ability to set aside or engage with the matter as it isn't in my name. Without it, i would have no power in the case as it would be a GDPR breach etc etc. The TLDR is that theres a CCJ associated with me, which is has a name which isn't accurate.

I'm also thinking, because there has been no acknowledgment of the debt, and it has been enforced in a name that isn't mine, would this not count as being statute barred?

[EXC]

Hi guys - i've tried to upload my response to your request for a summary. But it doesn't appear to display, i've cleared my cache and refreshed multiple times. But it isn't showing up as having made my comment at all. Not sure if it was too long of a message or what. Tried separating out the content as well, but it won't come through correctly. Probably an issue on my end, but without a warning on the front end to tell me what it is, i'm unable to fix it. So i've put it into pdf format instead, sorry its not as easy to refer to, but hopefully this helps. Any help would be appreciated.

It's our sometimes quirky spam filter, sorry. I've approved it so it's now showing on the previous page, post #81.