Lowell CCJ Advice - Help please!

[soursocrates]

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.

Thanks echat, i'll do that now. Qq, is now the right time to begin the set aside application? Or should i wait yet still? Seems like they're pretty set on the no consent action since they're trying to enforce a warrant of control. Do you have any advice on that situation as well?

[echat11]

Thanks echat, i'll do that now. Qq, is now the right time to begin the set aside application? Or should i wait yet still? Seems like they're pretty set on the no consent action since they're trying to enforce a warrant of control. Do you have any advice on that situation as well?

The 'consent' matters in so far as, the fee is reduced and the Judge see's that the other party isn't objecting so the set a side stands a better chance of succeeding and the Judge more likely give Judgement for the set a side.

But as you've stated, they seem determined to ignore the facts / information you have given them. So make a decision based on that.

[soursocrates]

The 'consent' matters in so far as, the fee is reduced and the Judge see's that the other party isn't objecting so the set a side stands a better chance of succeeding and the Judge more likely give Judgement for the set a side.

But as you've stated, they seem determined to ignore the facts / information you have given them. So make a decision based on that.

Hi echat11 et al.

This is just a quick update to say that after a long week or so, I have completed and sent off my N244 application today. What a long and expensive process... the written evidence section for this was totally full!

I have also attached accompanying evidence alongside the application including a postal order for the £275 amount. The evidence attached Includes council tax documentation, bills, tenancy agreements etc, to prove date of my house move vs the date the judgment was made, which was 3 months after my move to evidence no receipt of any court documentation prior to judgment. I have also included bank statements and extracts of my credit report to show the rationale for why it has taken so long for me to apply for this (2 years), due to the CCJ not appearing on ClearScore, which i have used exclusively for years for my credit report & only being found when using a multi-bureau report service.

All of this evidence also has my correct full name bar one, which is one bank statement which has the shorthand version of my name e.g., instead of "WIlliam", think "Will" **example not real name** . So hopefully this should help evidence my claim regarding the incorrect name aspect. From what i have read, I don't think a change as large as this will be covered under the accidental slip rule on Civil Procedures Rules 1998 CPR Rule 40.12, but that's just my interpretation as a layperson.

I mentioned that the objective is to have the judgment to be set aside without consent, for all enforcement action to be stayed pending the outcome of this application process & for the claimant to reimburse me of any and all costs.

I have also just responded to Overdales with largely the same email i sent to their complaints department, but in response to the warrant for control threat also featuring the update that I have now completed the N244 application. I also cc'd in their complaints department as well in this.

Its definitely going to be a nervous & stressful wait to see what the outcome is. But I just wanted to say thank you so much for your support up until now, for a complete stranger and layman and my issues. You've been a great support without being judgmental. Especially you Echat11. Thanks again & i'll be sure to update this thread if anything moves or changes.

[soursocrates]

Hi all, I have received a response from Overdales regarding my case and informing them of my n244 application. Essentially them doubling down on their pursuit. They are also requesting I respond with intentions toward the account. What are your thoughts? Would be good to know pleaase:

"Thank you for your recent email.

Kindly note, our Complaints department investigate concerns regarding our conduct, they do not investigate disputes of liability therefore your comments were forwarded to the relevant department.

We can confirm we have performed the relevant checks which have shown that you were reporting on the voters roll at the application address of xxx The xxx, xxxx, xxx, xxx xxx when these accounts were opened. There is also an active current account in the name of xxx xxx xxxx, therefore, we are satisfied we are corresponding with the correct individual.

With regards to your application to set the County Court Judgment (CCJ) aside, we will respond to any Court documents in due course.

We do not regard our contact as threatening, we have been instructed by our Client with respect to your account and are under an obligation as per the Court rules to keep you informed of the progress of your account and to ensure you are aware of any potential further action.

In the meantime, as the outstanding balance is the subject of a CCJ, you are required to comply with the relevant terms.

Should you wish to dispute this matter further, you would need to seek your own independent legal advice.

We now ask that you contact us with your intentions towards the account.

Please ensure you respond as failure to do so may result in enforcement action being taken, with further costs incurred.

You can register an account online at www.overdales.com. Here you can check your financial circumstances by utilising our handy Budget Calculator, make one off payments and can also set a payment arrangement.

If you wish to speak with a member of our team, please call us between 8:30am and 7:30pm Monday to Thursday, 8:30am and 6:00pm Friday or 9:00am and 2:00pm Saturday, on 0333 111 0800."

[echat11]

'We can confirm we have performed the relevant checks which have shown that you were reporting on the voters roll at the application address of xxx The xxx, xxxx, xxx, xxx xxx when these accounts were opened. There is also an active current account in the name of xxx xxx xxxx, therefore, we are satisfied we are corresponding with the correct individual.'

Have you got evidence to correct the above?

Clearly you are proceeding with the 'set aside' based on the evidence you have?

[soursocrates]

I don't have specific evidence to counter the first point regarding the application address etc. They list an address I have lived at previously. In terms of the current account point, I have no active banking current account with the listed with the name they have given which I can evidence.

I am also confused why they are asking me for my response as the next steps surely are awaiting the outcome of any hearing from my n244 application?

[echat11]

I don't have specific evidence to counter the first point regarding the application address etc. They list an address I have lived at previously. In terms of the current account point, I have no active banking current account with the listed with the name they have given which I can evidence.

I am also confused why they are asking me for my response as the next steps surely are awaiting the outcome of any hearing from my n244 application?

They've set out their position, you summed it up in the following 'Essentially them doubling down on their pursuit. They are also requesting I respond with intentions toward the account'. Clearly the matter goes forward with your 'set a side', Hearing etc, they say that 'With regards to your application to set the County Court Judgment (CCJ) aside, we will respond to any Court documents in due course'.

They've told you what their position is going to be'We can confirm we have performed the relevant checks which have shown that you were reporting on the voters roll at the application address of xxx The xxx, xxxx, xxx, xxx xxx when these accounts were opened. There is also an active current account in the name of xxx xxx xxxx, therefore, we are satisfied we are corresponding with the correct individual. That is what you need to counter.

Send Lowell's a Subject Access Request, they have 30 days to provide all the data on the account over the last 6 years.
Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

[soursocrates]

They've set out their position, you summed it up in the following 'Essentially them doubling down on their pursuit. They are also requesting I respond with intentions toward the account'. Clearly the matter goes forward with your 'set a side', Hearing etc, they say that 'With regards to your application to set the County Court Judgment (CCJ) aside, we will respond to any Court documents in due course'.

They've told you what their position is going to be'We can confirm we have performed the relevant checks which have shown that you were reporting on the voters roll at the application address of xxx The xxx, xxxx, xxx, xxx xxx when these accounts were opened. There is also an active current account in the name of xxx xxx xxxx, therefore, we are satisfied we are corresponding with the correct individual. That is what you need to counter.

Send Lowell's a Subject Access Request, they have 30 days to provide all the data on the account over the last 6 years.
Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Hey echat. Sorry for the delay, i've been taking a little time to do some investigating. It looks like on a separate credit file, both on experian and equifax. It appears one of my oldest current accounts does have me down with the first name that is included on the summons, as my middle name. Its present on one account only, but it is still there. So i think this is what they are referring to. I'm guessing this kills my case? Even though the middle name isn't my first name, and doesn't have any mention of my actual first name. I could more than likely go into my bank and change this to the details which match my passport which doesn't include that name. But i'd imagine that wouldn't be a good look...any advice would be appreciated.

[echat11]

Hey echat. Sorry for the delay, i've been taking a little time to do some investigating. It looks like on a separate credit file, both on experian and equifax. It appears one of my oldest current accounts does have me down with the first name that is included on the summons, as my middle name. Its present on one account only, but it is still there. So i think this is what they are referring to. I'm guessing this kills my case? Even though the middle name isn't my first name, and doesn't have any mention of my actual first name. I could more than likely go into my bank and change this to the details which match my passport which doesn't include that name. But i'd imagine that wouldn't be a good look...any advice would be appreciated.

So the one oldest account has the incorrect name, so it's incorrect as it's not on the other accounts or your passport?

'It appears one of my oldest current accounts does have me down with the first name that is included on the summons, as my middle name'

You could write back to them, thank them for highlighting that, tell them you've gone into the bank and asked them to amend the details on the account as they don't match the details on your passport. It should have raised 'alarm bells' as they two sets of details and chose the incorrect details without carrying out further checks.

Give yourself a few days to mull this over.

[soursocrates]

Thanks for coming back to me on this Echat. Have taken the time to digest this over today. So yes, one single current account, which is one of my oldest from 2014, has mention of the first name on the summons as my middle name as well as a shorthand version of my first name interestingly enough. Think 'Mike Jeffrey j-o-r-d-a-n' as an example of what that current account/bank provider has as my name on my credit file. And then the court judgment is 'Jeffrey j-o-r-d-a-n'. Interestingly enough though, when I go to my online banking for that account and look at my contact details, it lists me simply as 'Mike j-o-r-d-a-n', with no middle name mentioned? so not sure why there is the variance there, perhaps it doesn't show any middle names in the online banking. But for almost every single other contractual agreement, utility bill, electoral roll registration & bank, I am down as 'Michael j-o-r-d-a-n" (with maybe one or two other instances of a 'Mike j-o-r-d-a-n'. My GB passport lists me as 'Michael j-o-r-d-a-n' only. With no mention of 'Jeffrey' ( please forgive the cheesy example).

I think you raise a good point there, I could go back to them thanking them for informing me, whilst also doing a change of name request with my bank due to them not matching. I could definitely raise that due diligence hasn't been done here in terms of in depth checks due to the weighting of information pointing of my profile towards one name variant, versus their variant which only has one instance on my profile which is incorrect as this does not match my ID. Meanwhile in the same email I will do the subject access request.

I have also received a letter from the courts to say that a hearing will be conducted at my local court as well. Doesn't give a date as to when, but it looks like my n244 application was submitted correctly at least to get the ball rolling in that respect. I'll be sure to come back with any updates/questions. Thanks again.

[echat11]

When solicitors go for CCJ's they don't always take the care they should, for them it's better to get the CCJ without the debtor providing a defence, they even do stuff deliberately.

[soursocrates]

Thanks for coming back to me on this Echat. Have taken the time to digest this over today. So yes, one single current account, which is one of my oldest from 2014, has mention of the first name on the summons as my middle name as well as a shorthand version of my first name interestingly enough. Think 'Mike Jeffrey j-o-r-d-a-n' as an example of what that current account/bank provider has as my name on my credit file. And then the court judgment is 'Jeffrey j-o-r-d-a-n'. Interestingly enough though, when I go to my online banking for that account and look at my contact details, it lists me simply as 'Mike j-o-r-d-a-n', with no middle name mentioned? so not sure why there is the variance there, perhaps it doesn't show any middle names in the online banking. But for almost every single other contractual agreement, utility bill, electoral roll registration & bank, I am down as 'Michael j-o-r-d-a-n" (with maybe one or two other instances of a 'Mike j-o-r-d-a-n'. My GB passport lists me as 'Michael j-o-r-d-a-n' only. With no mention of 'Jeffrey' ( please forgive the cheesy example).

I think you raise a good point there, I could go back to them thanking them for informing me, whilst also doing a change of name request with my bank due to them not matching. I could definitely raise that due diligence hasn't been done here in terms of in depth checks due to the weighting of information pointing of my profile towards one name variant, versus their variant which only has one instance on my profile which is incorrect as this does not match my ID. Meanwhile in the same email I will do the subject access request.

I have also received a letter from the courts to say that a hearing will be conducted at my local court as well. Doesn't give a date as to when, but it looks like my n244 application was submitted correctly at least to get the ball rolling in that respect. I'll be sure to come back with any updates/questions. Thanks again.

Thansk Echat, yeah, that makes total sense. Btw, I have been into the bank today and successfully changed their details to reflect the name on my passport. I have also sent this response to Overdales:

"To whom it may concern,




Thank you for your recent correspondence. Regarding the active current account, thank you for highlighting that issue. I have since then discussed with said bank about the details that they held & they have acknowledged them themselves as being incorrect. As a result they have amended their system and updated my details to reflect my correct name which they have acknowledged as being present on my passport in Michael j-o-r-d-a-n.




If correct checks were in fact carried out at the time against whatever applications are claimed to be associated with me, through credit reporting, electoral rolls and the likes, it would have been unequivocally clear that my name is Michael j-o-r-d-a-n and not Jeffrey j-o-r-d-a-n & this would have surely caused alarm bells in your process if it indeed was conducted correctly. The CCJ judgment as result, would also then reflect that in the naming; so it is apparent to me that serious doubt can be held over the validity of this process and the information therein.




As mentioned, my intentions towards this are to have a court hearing where a fair and impartial judge may preside over this with me actually being able to state my case this time, instead of being unaware, uninformed and absent previously with the view to having this judgment set aside and any and all potential enforcement action stopped.




Best,




Michael j-o-r-d-a-n"

[echat11]

Thanks for the update.

[soursocrates]

Hi guys/Echat,

I have an update. The court has come back to me to say that I have a hearing on the 23rd of this month at my local court to discuss my case. This has definitely progressed quickly.

I have never been to court before for anything minor or major. Are there any tips on how i should conduct myself, what i should bring with me etc? Any and all advice would be appreciated.

Best,

[echat11]

Firstly don't panic,

You could write a Skeleton Argument to the Court / Judge and the Creditors Solicitors, you want to make sure you are clear and concise, so the Judge understands your position / case. You email it to the Court and the Creditors Solicitors 72 hours before the Hearing. This will help you during the Hearing.
Think on that.

Watch the following video -

https://www.youtube.com/watch?v=eaQZm6IOMKQ

There are other videos to.