Unaware of CCJ by bwlegal until today

PeteDev

This is my first time posting here and this is complicated, please bear with me and I apologise in advance for the length of this post.

Lately after moving home last year and registering on the electoral roll for the first time in ten years ( I didn’t want an ex partner to find me), I have been chased by various companies for three alleged debts.

One is for a barclaycard debt for £250, I know for a fact that this debt does not exist, I have a barclaycard account which (after eight years of struggling financially) I managed to clear this year, the balance until recently was £4,500, this account is now in credit.

I am now totally debt free, no loans, no credit cards, no overdraft, NOTHING.

The other two were for alleged debts of £500 for Lloyds TSB, I did have two accounts with Lloyds TSB that I last used in 2007, these were each £500 into a £600 overdraft, these accounts were closed by the bank some four years ago (I logged in to internet banking one day and the accounts had disappeared).

I have no record of the above account numbers, therefore cannot say for certain that the account numbers lowells use on letters sent to me actually do reflect the accounts mentioned above.

I still have two savings accounts with the bank, both have one penny in them, I last paid any money into each account in 2007.

I moved house in 2007, never telling the bank my new address, then again in 2013 to my current address.


All letters sent by lowells went straight in the bin, as I knew for certain that at least one was fictitious and that I had not been in contact with Lloyds TSB or paid anything into the accounts since 2007, would be statute barred.

A couple of months ago phone calls started happening (up to about 50 now), someone calls me, asks for me by name, then asks me to identify myself.

I never do, the last time they caught me on a bad day and I was foul mouthed and aggressive with them.

Then today a letter arrived from bwlegal, something made me look at this, they claimed a ccj had been granted in May 2104 for an alleged debt, a check with Noodle proved this to be correct. I was very surprised to say the least.

I also found two items showing up on my credit file, loans from lowell showing defaults.

These only go back to 2013. They are also shown as a monthly payment.

I never had a loan with lowells and there was never any monthly repayment schedule with the bank, it was not a loan, it was an overdraft.

I phoned Northampton business centre and asked for a form N244, they supplied this by email along with the court order.

On the order itself (May 2014), they have my correct name and current address in the “Defendant” section, yet in the “Registration Address” section, they have my previous address (I never told Lowells or Lloyds TSB of this address).

In other words, even though they had my current address, they ensured all paperwork went to my previous address.

Curiously, there is also an entry for March 2014, Invalid judgement request.

I am about to fill in the N244, but have no proof of ever owning the account mentioned or any payments that went into it.

What should I put on the form and any further advice please ?

rizla_king

Ask on CAG and legalbeagles site on the court claims sections. People there can help.

Marktheshark

PeteDev wrote: »

I last paid any money into each account in 2007.

I moved house in 2007, never telling the bank my new address, then again in 2013 to my current address.




Then today a letter arrived from bwlegal, a ccj had been granted in May 2104


I phoned Northampton business centre and asked for a form N244, they supplied this by email along with the court order.

On the order itself (May 2014), they have my correct name and current address in the “Defendant” section, yet in the “Registration Address” section, they have my previous address (I never told Lowells or Lloyds TSB of this address).

In other words, even though they had my current address, they ensured all paperwork went to my previous address.


I am about to fill in the N244,

What should I put on the form and any further advice please ?

Unless you provided a serviceable address to your creditors, they are well within the law to service the debt to the last know address.
They can then chose to trace you later.

You will be very lucky to get the judgement set aside.

FireWyrm

Marktheshark wrote: »

Unless you provided a serviceable address to your creditors, they are well within the law to service the debt to the last know address.
They can then chose to trace you later.

You will be very lucky to get the judgement set aside.

The OP has an excellent opportunity to have the judgment set aside. The debts are at best statute barred and probably are outright non-existant. They did have her current address but chose not to use it. They are required by law to provide advance notice of impending court action and it appears they deliberately tried to obfuscate it.

I would complete the form and your defense is...statute barred and non-proof of debt.

9_inch

Reminds me of Big Brother in Orwells' '1984' :eek:

PeteDev

Marktheshark wrote: »

Unless you provided a serviceable address to your creditors, they are well within the law to service the debt to the last know address.
They can then chose to trace you later.

You will be very lucky to get the judgement set aside.

The last known address is the one registered with the bank, which is not the address they used, they also had my current address.

Can I use this as part of the reason to set aside ?


Just realised on the case details form they applied a change of address in september.

Why would they do this when lowells have been sending me letters since last year ?.

PeteDev

I have put together a witness statement to accompany form N244, can anyone please advise if in it's current form it is acceptable.

---

The address used to serve the papers to, 290 xxxxxx, xxxxx is not the last known address.

Lowells have been sending me letters for what I consider to be fabricated debts to my current address since 2013.

I have also been inundated with telephone calls asking me to identify myself, I treat this in a similar way to the letters and refused to talk to the caller.

The landline telephone number they call became active in our name when we moved into our current address in May 2013 and is linked to it in the telephone book. I have also been on the electoral roll shortly after moving in to my current address.

It is my belief that bwlegal/lowells have deliberately filed the court papers to the incorrect address to prevent me contesting the application.

I became aware of the judgement against me on [date it arrived] when a letter from “bwlegal” arrived in the post, since then a detailed search of all my records and paperwork have shown up no documentation relating to an account with the number “xxxxxxxxxxxx”.

I did open some accounts with [name of bank] many years ago, circa 2002 I believe, but don’t recall the account numbers.

I do know that [name of bank] closed two accounts a number of years ago, again I have no records of these accounts.

The last time I corresponded with [name of bank] was before I moved into [ 290 xxxxxx, xxxxx], which was in November 2007.

I have no knowledge of paying any money into either of these now closed accounts since we moved to [ 290 xxxxxx, xxxxx ], therefore these accounts are statute barred.

Marktheshark

Not that simple, the address they had, was this the last know address to the Creditor you owed the money.
Unless the body making the claim wrote to you at your new address in connection with the same debt the judge is going to look simply at if you owed the money.
Statute barred is mealy a defence you can use, it does not stop someone obtaining a CCJ, you have to file the defence at time of claim.

By all means have a go, but be prepared to answer why you failed to provide the creditor with a serviceable address first.

rizla_king

FireWyrm wrote: »

The OP has an excellent opportunity to have the judgment set aside. The debts are at best statute barred and probably are outright non-existant. They did have her current address but chose not to use it.

PeteDev wrote: »

The last known address is the one registered with the bank, which is not the address they used, they also had my current address.

PeteDev wrote: »

On the order itself (May 2014), they have my correct name and current address in the “Defendant” section, yet in the “Registration Address” section, they have my previous address (I never told Lowells or Lloyds TSB of this address).

In other words, even though they had my current address, they ensured all paperwork went to my previous address.

That is a common tactic with debt collectors.

It's one of the common ways they abuse the court system.

Sending to a previous address when they know and even register against your current one is a deliberate act designed to prevent you opposing the CCJ. Its cynical and deliberate and not permitted under the civil procedure rules.

PeteDev

Marktheshark wrote: »

Not that simple, the address they had, was this the last know address to the Creditor you owed the money.

NO.

The address known to the original creditor, was a totally different address, not the one submitted to the court.

They address they used is the one I moved into in 2007 and moved from in 2013.

The address any original creditor had was in a different town, I never updated their records.

PeteDev

rizla_king wrote: »

That is a common tactic with debt collectors.

It's one of the common ways they abuse the court system.

Sending to a previous address when they know and even register against your current one is a deliberate act designed to prevent you opposing the CCJ. Its cynical and deliberate and not permitted under the civil procedure rules.

Thank you for that piece of information, I intend to use knowingly filing to the wrong address as part of my N244 form.