Lowell CCJ Advice - Help please!

[soursocrates]

I will respond to them with that - thank you! I got a proof of postage for the first message as well. I will also send a follow up email to them as an additional channel of communication featuring a pdf copy of the original dated letter. I'll update this thread if i have any more news

[soursocrates]

Hi all, I have received the following response from my CCJ set aside email/letter from Overdales today. With regards to the incorrect name, they may have now (or previously) noted that my real first name is actually xxx, but what is on the court order is totally different. I would have thought this would also have some merit in a court for set aside as I mentioned in my first post? Also, setting up and settling this payment whilst not being set aside would do nothing for my credit as the CCJ will remain from what I have researched, so that doesn't seem like an option worth exploring IMO.

In addition, though they may be right in which you have to keep your creditors up to date with changes of address. Despite the claimant being supposedly satisfied that I am the debtor, from memory, I have never knowingly engaged with them, talked to them or claimed the debt. Unless i'm completely mistaken, surely this holds some weight?

Any advice on how to proceed would be appreciated, please!

Here is the mail in full.:

"Dear Mr xxxx

Thank you for your recent email and letter.

We are currently managing your accounts on behalf of our Client, Lowell Portfolio I Ltd under the reference xxxx/xxx. The details of which are below.

Lowell Reference: xxx – Original Creditor: TalkTalk Telecom Limited – Original Creditor Reference: xxx – Current Balance: £489.69

Lowell Reference: xxxx – Original Creditor: PayPal – Original Creditor Reference: xxxx – Current Balance: £708.27

A County Court Judgment (CCJ) was entered against you on the terms of £50.00 to be paid monthly, on 12 July 2021.

Whilst we note that you did not live at the address the CCJ was entered at, we would like to make you aware that Rule 6.9 of the Civil Procedure Rules 1998 states that a CCJ can be served at your last known address. It remains your responsibility to keep creditors updated with your change of address.

With regards to your name, unfortunately we are unable to amend this on our system, but it has been noted that your name is xxx. Please note, we have conducted the relevant checks and our Client is satisfied that you are liable for the account.

If you wish to dispute this further, you may wish to seek advice from a legally trained professional such as a Solicitor or Citizens Advice.

Should you wish to make an application through the Court to set your CCJ aside, please keep us updated and we will review any documents we receive in due course.

As your account is the subject of a CCJ, you are required to comply with the terms.

In order for us to set up a payment plan, please confirm your preferred payment date and method of payment. Details of how to make payments can be found at:www.overdales.com/how-to-pay.

If you have any concerns in relation to the outstanding balance, we ask that you contact us.

Failure to respond may result in enforcement action being taken, with further costs incurred.

If you wish to speak with a member of our team, please call us on 0333 111 0800. Our opening hours can be found above.

Postal Address: PO Box 1399, Bradford, BD5 5GA

Yours sincerely

"

[echat11]

Hi all, I have received the following response from my CCJ set aside email/letter from Overdales today. With regards to the incorrect name, they may have now (or previously) noted that my real first name is actually xxx, but what is on the court order is totally different. I would have thought this would also have some merit in a court for set aside as I mentioned in my first post? Also, setting up and settling this payment whilst not being set aside would do nothing for my credit as the CCJ will remain from what I have researched, so that doesn't seem like an option worth exploring IMO.

In addition, though they may be right in which you have to keep your creditors up to date with changes of address. Despite the claimant being supposedly satisfied that I am the debtor, from memory, I have never knowingly engaged with them, talked to them or claimed the debt. Unless i'm completely mistaken, surely this holds some weight?

Any advice on how to proceed would be appreciated, please!

Here is the mail in full.:

"Dear Mr xxxx


Thank you for your recent email and letter.

We are currently managing your accounts on behalf of our Client, Lowell Portfolio I Ltd under the reference xxxx/xxx. The details of which are below.

Lowell Reference: xxx – Original Creditor: TalkTalk Telecom Limited – Original Creditor Reference: xxx – Current Balance: £489.69

Lowell Reference: xxxx – Original Creditor: PayPal – Original Creditor Reference: xxxx – Current Balance: £708.27

A County Court Judgment (CCJ) was entered against you on the terms of £50.00 to be paid monthly, on 12 July 2021.

Whilst we note that you did not live at the address the CCJ was entered at, we would like to make you aware that Rule 6.9 of the Civil Procedure Rules 1998 states that a CCJ can be served at your last known address. It remains your responsibility to keep creditors updated with your change of address.

With regards to your name, unfortunately we are unable to amend this on our system, but it has been noted that your name is xxx. Please note, we have conducted the relevant checks and our Client is satisfied that you are liable for the account.

If you wish to dispute this further, you may wish to seek advice from a legally trained professional such as a Solicitor or Citizens Advice.

Should you wish to make an application through the Court to set your CCJ aside, please keep us updated and we will review any documents we receive in due course.

As your account is the subject of a CCJ, you are required to comply with the terms.

In order for us to set up a payment plan, please confirm your preferred payment date and method of payment. Details of how to make payments can be found at:www.overdales.com/how-to-pay.

If you have any concerns in relation to the outstanding balance, we ask that you contact us.

Failure to respond may result in enforcement action being taken, with further costs incurred.

If you wish to speak with a member of our team, please call us on 0333 111 0800. Our opening hours can be found above.

Postal Address: PO Box 1399, Bradford, BD5 5GA

Yours sincerely

"

A) Regards last known address, check what the Credit References Agencies have as your address when the CCJ was issued. They should check what the CRA's have on your Credit File.

B) Regards your name, contact the ICO, they have a online chat facility, explain what's happened, ask them can you lodge a complaint with them about them having the wrong name under Data Protection Principles. If so lodge formal complaints with Lowell's and Overdales, follow their complaints procedures on their website.

[soursocrates]

A) Regards last known address, check what the Credit References Agencies have as your address when the CCJ was issued. They should check what the CRA's have on your Credit File.

B) Regards your name, contact the ICO, they have a online chat facility, explain what's happened, ask them can you lodge a complaint with them about them having the wrong name under Data Protection Principles. If so lodge formal complaints with Lowell's and Overdales, follow their complaints procedures on their website.

Hey echat, thanks for coming back to me.

Regarding point A:
The CCJ was lodged on the 12/07/2021, I have just checked my Transunion credit report (this is the only CRA that has the CCJ reported on it) and it reports my new/current address in the Electoral roll registration as being from 01/07/2021 which is earlier than the date the case was heard. I was/am opted out of the open/marketing register, though. So what does this address date information do for me here? Does it help my case?

Regarding point B:
I will go with the ICO route for now, thank you. I read elsewhere on the forum that when receiving written communications like this, it is always best to reply to them. What should I reply to overdales with? Should I mention anything to do with the address dates? Mention the ICO complaint i'll lodge?

Thank you in advance.

[echat11]

Hey echat, thanks for coming back to me.

Regarding point A:
The CCJ was lodged on the 12/07/2021, I have just checked my Transunion credit report (this is the only CRA that has the CCJ reported on it) and it reports my new/current address in the Electoral roll registration as being from 01/07/2021 which is earlier than the date the case was heard. I was/am opted out of the open/marketing register, though. So what does this address date information do for me here? Does it help my case?

Regarding point B:
I will go with the ICO route for now, thank you. I read elsewhere on the forum that when receiving written communications like this, it is always best to reply to them. What should I reply to overdales with? Should I mention anything to do with the address dates? Mention the ICO complaint i'll lodge?

Thank you in advance.

a) Regarding point A:
The CCJ was lodged on the 12/07/2021, I have just checked my Transunion credit report (this is the only CRA that has the CCJ reported on it) and it reports my new/current address in the Electoral roll registration as being from 01/07/2021 which is earlier than the date the case was heard. I was/am opted out of the open/marketing register, though. So what does this address date information do for me here? Does it help my case?

It depends on the date the CCJ was applied for, if it was before 01/07/2021 then it doesn't help.

b) Regarding point B:
I will go with the ICO route for now, thank you. I read elsewhere on the forum that when receiving written communications like this, it is always best to reply to them. What should I reply to overdales with? Should I mention anything to do with the address dates? Mention the ICO complaint i'll lodge?

In my previous post I was going to suggest writing to them, but as they hadn't given you a time line in which you had to respond, I left it out. You could write and provide evidence of your change of address, see what they comeback with. Yes you can mention the ICO,complaint, see what they comeback with.

[soursocrates]

a) Regarding point A:
The CCJ was lodged on the 12/07/2021, I have just checked my Transunion credit report (this is the only CRA that has the CCJ reported on it) and it reports my new/current address in the Electoral roll registration as being from 01/07/2021 which is earlier than the date the case was heard. I was/am opted out of the open/marketing register, though. So what does this address date information do for me here? Does it help my case?

It depends on the date the CCJ was applied for, if it was before 01/07/2021 then it doesn't help.

Noted - thank you

b) Regarding point B:
I will go with the ICO route for now, thank you. I read elsewhere on the forum that when receiving written communications like this, it is always best to reply to them. What should I reply to overdales with? Should I mention anything to do with the address dates? Mention the ICO complaint i'll lodge?

In my previous post I was going to suggest writing to them, but as they hadn't given you a time line in which you had to respond, I left it out. You could write and provide evidence of your change of address, see what they comeback with. Yes you can mention the ICO,complaint, see what they comeback with.

In terms of my change of address evidence, i have already sent that in my first letter. It had a tenancy deposit screenshot as well as the address on my bank statement. But they seem to have disregarded that, and just said its on my to let them know? Otherwise, i'll get on the ICO side of things

[echat11]

In terms of my change of address evidence, i have already sent that in my first letter. It had a tenancy deposit screenshot as well as the address on my bank statement. But they seem to have disregarded that, and just said its on my to let them know? Otherwise, i'll get on the ICO side of things

But there is also an onus for them to check CRA records for the latest address. But if you think the address issue isn't relevant, then do the 'ICO side of things'.

[soursocrates]

But there is also an onus for them to check CRA records for the latest address. But if you think the address issue isn't relevant, then do the 'ICO side of things'.

Understood. How do I find out what the actual date the application was submitted/sent? The business court just gave me the judgement date. Would they be able to give me the submission date as well if i asked specifically? or should I challenge/ask overdales to supply that/ask whether or not they checked my address on file with CRAs before submitting?

[echat11]

Understood. How do I find out what the actual date the application was submitted/sent? The business court just gave me the judgement date. Would they be able to give me the submission date as well if i asked specifically? or should I challenge/ask overdales to supply that/ask whether or not they checked my address on file with CRAs before submitting?

Check with the Court, find out when it was submitted.

You can 'challenge' Overdales, see what they say.

[soursocrates]

So - i've just spent an ungodly amount of time on hold with the county court business centre. Interestingly enough, because my name doesn't match the name of the court order, they can't talk to me due to GDPR to give me any details on the case for me to get the application submission date. All they said is that i would need to get in contact with my CRAs in order to have the CCJ removed via a dissociation form, and that's the only thing they can suggest. The told me they would send me a follow up email with more information on this which i'm still waiting for.

I've gone through my past email having remembered having asked the same thing before to the business centre and transunion respectively. Here is the response from the court:


"Good afternoon,

Thank you for your correspondence.

If you have a CCJ showing on your credit file that is not relating to you or your organisation (i.e. a CCJ for an individual or organisation with a similar name to yours), you will need to contact the Credit reference agency you applied through to get your credit report and ask them how you can disassociate yourself or your company from the judgement.

Most of the credit reference agencies have disassociation forms that you can fill in and send to them for an investigation. These are found on their respective websites.

Please note the court is not involved in putting together credit reports, this is done by the credit reference agencies independently, so we cannot help with this directly.

I hope this is of assistance. If you need more information please contact us.

Kind Regards,"
_____________________________________________

And this is the response from Transunion after i had forwarded on the above letter to them:

Dear xxx xxxx,

Thank you for your email regarding a County Court Judgment (CCJ) registered on your credit report.

We understand from your comments that you do not believe the CCJ in question relates to you. In order for this record to be removed from your file, it will be necessary for you to contact the County Court where the judgment is registered. The court can then provide you with the plaintiff’s contact details and you can then ask the plaintiff to make the court aware that you are not the intended recipient of the judgment.

The County Court will then amend their records accordingly and at this point, you should contact us with the relevant confirmation letter and we will then remove the judgment from your file.

We trust that this is of assistance.

Yours sincerely,




All in all i'm not sure where to go with this now, if the court says to go to the CRAs for a disassociation, then the CRAs say you need to go to the plaintiff, but the plaintiff (via overdales/lowell) says they are satisfied with the judgment having been associated with me even though the name is incorrect? any advice would be appreciated. Just trying to get my ducks in a row before exploring the ICO aspect.

[echat11]

a) Check with the ICO, tell them what's happened, tell them you are in a 'vicious circle',

b) Complain to Overdales / Lowells, the ICO will tell you exactly what to write, follow their complaints procedure, then complain to the ICO, they (Overdales / Lowells) might have to compensate you, but the ICO will tell you what's what.

c) I'm not sure if disassociation forms will help, because they've 'created an identity', which will linger around.

[soursocrates]

a) Check with the ICO, tell them what's happened, tell them you are in a 'vicious circle',

b) Complain to Overdales / Lowells, the ICO will tell you exactly what to write, follow their complaints procedure, then complaint to the ICO, they might have to Compensate you, but the ICO will tell you what's what.

c) I'm not sure if disassociation forms will help, because they've 'created an identity', which will linger around.

Thanks Echat. I'll raise this with the ICO and keep you updated with what they say.

[soursocrates]

Hi guys,

Have some news. I have submitted my complaint form to the ICO, just a waiting game with that. & i don't know how much sway they will really have even if they do agree with my position, which is no guarantee i guess.

Additionally, I have received the following from Overdales just today regarding a threat of a warrant of control. So i assume that because they now have my most current address due to my email correspondence with them outlining my address challenge, they are leveraging that to threaten a warrant of control and bailiffs to visit. They know now that i have moved, so i can't imagine that this would be applied for at my old address.

Is this just a threat to try to scare me into paying? Surely this warrant of control will only be applicable to the persons on the original CCJ judgement right? Which has the correct last name for me, but a totally incorrect first name which appears nowhere on my passport (which is the grounds of my set aside to begin with). As a result, would this not be a baseless threat and/or a wast of court/enforcement time as if bailiffs were to arrive, the writ/warrant of control would be unenforcible as soon as present them with my passport that says "John Doe" but their warrant is looking for a "Mark Doe" Both of these names are examples, not real names for anyone associated with this case btw. Would they then not have to leave without being able to gain entry? Or do i have this all wrong? Any further insight into this would be appreciated please.

Also, I have yet to submit my set aside application to the courts yet as I was waiting for the chat to happen with the ICO, who then as i mentioned, just told me to fill out the form and i would have a case officer assigned etc, as opposed to getting any real resolution on the live chat, which i was probably naive to assume would come. Due to this having escalated to a 10 warning of a response to a warrant of control, should i look to submit my set aside form (now without consent) to the court ASAP? Again, any advice would be appreciated. Thank you

[soursocrates]

Also, one step i missed is sending a formal complaint to Overdales. I have just drafted this now, should i send this to them? Or should I respond to the warrant of control letter with this complaint letter but also address it to the complaints team as well, so that the threat gets a response immediately?

"To whom it may concern,




I am writing to you in order to raise/lodge a complaint with yourselves regarding a CCJ that has been associated with me. For full reference, I have included attachments of my comms sent to your company and the comms I have received back.




A CCJ has been incorrectly associated with me with incorrect information, more specifically around the first name on the judgement. Due to the incorrect naming, I am unable to contact the courts to get any information, and your company has acknowledged that the name they have for me is wrong, which is not a minor spelling mistake or shorthand version of a name, but a totally different one altogether. This was a CCJ that was filed at an address I did not reside at, and as a result could not challenge as I was totally unaware of it and any proceedings, otherwise I would have. As a result, I reached out to Overdales requesting to begin a set aside application with consent of Overdales.




Despite all the information I have provided, including passport information, tenancy agreements, bank statements, council tax information, this has not been enough. And my set aside with consent request was denied. On top of that, your company has also as of today, decided to threaten me with a warrant of control. Which I would have presume would be unenforcible due to the incorrect association & is unacceptable and causing me great stress.




I have also proceeded to complain to the ICO before beginning my set aside order without consent to the courts. Please can this matter be looked into so that this situation can be resolved in a more suitable fashion.
"

[echat11]

Also, one step i missed is sending a formal complaint to Overdales. I have just drafted this now, should i send this to them? Or should I respond to the warrant of control letter with this complaint letter but also address it to the complaints team as well, so that the threat gets a response immediately?

"To whom it may concern,




I am writing to you in order to raise/lodge a complaint with yourselves regarding a CCJ that has been associated with me. For full reference, I have included attachments of my comms sent to your company and the comms I have received back.




A CCJ has been incorrectly associated with me with incorrect information, more specifically around the first name on the judgement. Due to the incorrect naming, I am unable to contact the courts to get any information, and your company has acknowledged that the name they have for me is wrong, which is not a minor spelling mistake or shorthand version of a name, but a totally different one altogether. This was a CCJ that was filed at an address I did not reside at, and as a result could not challenge as I was totally unaware of it and any proceedings, otherwise I would have. As a result, I reached out to Overdales requesting to begin a set aside application with consent of Overdales.




Despite all the information I have provided, including passport information, tenancy agreements, bank statements, council tax information, this has not been enough. And my set aside with consent request was denied. On top of that, your company has also as of today, decided to threaten me with a warrant of control. Which I would have presume would be unenforcible due to the incorrect association & is unacceptable and causing me great stress.




I have also proceeded to complain to the ICO before beginning my set aside order without consent to the courts. Please can this matter be looked into so that this situation can be resolved in a more suitable fashion.
"

Email the complaint to them, mark it as a Formal Letter of Complaint, copy it to the SRA and FCA with covering letters. Make sure the Creditor knows that they've been copied in, write CC: Financial Conduct Authority and
Solicitors Regulated Authority.