Lowell CCJ Advice - Help please!

[soursocrates]

Hi all,

I'll try to keep this brief, I used checkmyfile recently to see my total credit profile across each bureau and it appears as though I have a CCJ which was issued against me in mid 2021. I was not aware of this CCJ until now as I only check my experian and equifax credit profile regularly, and this CCJ does not appear on either of those, it only appears on Transunion.

Also, the name on the CCJ is incorrect, with the first name being totally different (think John Madison vs Stuart Madison) but the last name is correct, as well as address. I moved out of this address a number of months (3 i think) before the CCJ was issued so I had no idea about any court proceedings in order to challenge them. Additionally the first name that they have on the CCJ is not present anywhere on any official documentation for me, such as passport or driving license.

Firstly I attempted to challenge the CCJ as a mistrace through Transunion, but they have said i must have confirmation from the courts in order to have this done.
I then contacted the northampton Business centre and they gave me the debt info, which is from Lowell, who bough the debt from Overdales I believe. The debts are from two different accounts which has consolidated into one judgement for around £1000.

For full disclosure, I do believe the debts may potentially be mine, as they seem to be from around 7 years ago when I was much less responsible financially.

My question is, due to the first name being totally wrong, and/or because of me not residing at the address court proceedings where sent to at the time (although I know this address point isn't the best defence) do I have grounds to have this CCJ set aside either with or without consent?

I am willing to pay this debt off if need be, provided i can get the ccj set aside, though i have heard that satisfying the debt without having the CCJ set aside will do little to improve my credit standing.

Also, do you think will this have a big impact on my ability to get a mortgage in future if it is not removed? I haven't had issues in the past getting credit in recent months such as american express or new bank accounts/utility bills. Possibly due to the name not matching my own, or because of the CCJ only appearing on Transunion and not the rest. But i appreciate a mortgage application can be a lot more intensive than those potentially.

Thank you so much in advance

[echat11]

Hi SOURSOCRATES

Welcome to LB

Yes, you can get the CCJ set a side, write to the creditor, explain that the details are incorrect (name), the Court papers were sent to an incorrect address, provide evidence of were you lived at the time. Don't negotiate a settlement figure at this time. If they consent to the set a side, then the Court fee is less. Make sure you get Proof of Postage.

You could also state that you are minded to lodge a Complaint with the ICO, as the CCJ has the incorrect name on it, you might be compensated for that.

Update the thread when they respond.

[soursocrates]

Hi SOURSOCRATES

Welcome to LB

Yes, you can get the CCJ set a side, write to the creditor, explain that the details are incorrect (name), the Court papers were sent to an incorrect address, provide evidence of were you lived at the time. Don't negotiate a settlement figure at this time. If they consent to the set a side, then the Court fee is less. Make sure you get Proof of Postage.

You could also state that you are minded to lodge a Complaint with the ICO, as the CCJ has the incorrect name on it, you might be compensated for that.

Update the thread when they respond.

Hello Echat11 - thank you so much for your considered response. I will do everything that you have mentioned and report back as soon as this is done. One question that i have though, is it not better to email this through as it is easier to keep track of delivery & responses etc digitally? Or shall i write to them via letter as you say? Or perhaps do both? Thanks in advance.

[MIKE770]

letter is better tracked (Getting proof posting (free) or Signed for Recorded Delivery, and keep copies of everything in date order on file. Email is not accepted as service by many companies.

[soursocrates]

Hi all - apologies for the delay in updating this thread. I have finally composed and sent my request for a set aside with consent to Overdales via recorded delivery. I have checked the tracking, & it has been delivered to their PO box successfully a few days ago.

Here is a redacted version of what it contained if it is of interest



Dated 19/07/2023


Dear Sir/Madam



I am contacting you in relation to a CCJ case which I have recently discovered has been associated with a credit profile of mine. From what I understand, the reference associated with the CCJ according to the county court business centre is xxxxxxxx. I was provided an internal reference which belongs to Overdales/Lowell which is xxxxxx.


From what I have been informed by the courts, the details of the CCJ are as follows:


NAME - xxxx


ADDRESS: xxx, xxx, xxxx,

xxx, Exxx Bxxxx


COURT - County Court Business Centre


CASE - Hxxxxx on xxxx



I have challenges and evidence to accompany them in relation to this case:

• ADDRESS

The address on this judgment xxxxx Street, BxxxxB is not an address that I have lived at for a number of years. I specifically moved from this address around 3 months before the judgement. As a result, I was unaware of any proceedings and was unable to challenge them, otherwise I would have done so.


My address as of the 14th of May 2021 was (and remains) as being Flat x, xxNxxxx Road, x

Please find records below as evidence of this address as my official residence below:


HALIFAX BANK STATEMENT


(attached image)



TENANCY AGREEMENT


(attached image)



SECURITY DEPOSIT CONFIRMATION


(attached image)



__________________________________________________ _______________________


2. NAME


The name on the court judgement is for a “xxxxx”. xxxxx is not my name, my name is and always has been xxxxx (sometimes shortened to xxxxx ). In addition, xxxxx is not a name that appears on my official identification document for myself. My passport shows simply xxxxx as a first and last name, with no middle name present. As a result, If I received this court summons (which I did not due to me not residing at that address on the summons), I would have most definitely challenged this case due to this presumed incorrect association.


If the above documentation are not sufficient as evidence of my full name, please find the below photo ID screenshot to support:


Passport:

(attached image)




__________________________________________________ ________


Proposed Resolution


I propose that we resolve this through setting this incorrect CCJ aside with your consent. I would prefer not to go through the route of lodging an ICO complaint due to the incorrect details/association and would instead prefer to resolve this quickly so we can see this matter resolved for both sides.


If you require any additional information, do let me know. Otherwise, I look forward to hearing back from yourselves regarding this matter.


Best,


xxxxx

19/07/2023
:

[soursocrates]

My next question would be, what do I do next? Should I wait for a response before continuing with the N244 process? ? & if so, how long should I wait for? thank you in advance, all.

[MIKE770]

Edit name out for starters

[echat11]

Edit name out for starters

I've flagged Admin previously ULA

[ULA]

Edited

[echat11]

Edited

Thank you.

[soursocrates]

Hi all - apologies, I should have said that the name given in this was actually fake name to show the differences in what was on the CCJ versus my details. It wasn't my actual real name or anyone related to the case!

As an update, I have received a text from Lowell asking for me to get in contact with them, quoting a particular reference number. Should I speak to them on the phone as opposed to a response via letter?

Best

[MIKE770]

next time xxxxxx instead

[MIKE770]

letter written evidence all the time

[soursocrates]

Thanks I will xxx it out next time. So you are saying that I should not respond to their text with a phone call as they request and instead wait/look for a response via letter or email?

[MIKE770]

write to them and state please use written correspondence forthwith only- for the sake of doubt! get free proof posting.