CCJ not known about

sourcrates

You don`t say how much the judgement is for, how much is it ?

sourcrates

ThisnotThat said:

They will have sent the bill to the last known address.  It's not really the creditor's responsibility to track you down, it's yours to update them of your whereabouts.

Not entirely true, its a bit of a myth actually, a creditor must use due diligence when attempting to trace a debtor, there is no requirement in law to update addresses with creditors, it is recommended you do so, but it is not a requirement, and in this day and age its not beyond the realms of possibility to trace someone who has moved with very little effort.

So actually, yes, it is the creditors responsibility to trace you, its just that some are lazy, or try to use the system to their advantage, and send correspondence to the last known address, even though there is a chance the debtor no longer lives there, and they know it.

This is how debt purchasing companies such as Lowell, Cabot, PRA Group etc, obtain judgements in default, by exploiting this little loophole, sending court papers to an address the debtor lived at 10 years ago, for example.

[Deleted User]

sourcrates said:

ThisnotThat said:

They will have sent the bill to the last known address.  It's not really the creditor's responsibility to track you down, it's yours to update them of your whereabouts.

Not entirely true, its a bit of a myth actually, a creditor must use due diligence when attempting to trace a debtor, there is no requirement in law to update addresses with creditors, it is recommended you do so, but it is not a requirement, and in this day and age its not beyond the realms of possibility to trace someone who has moved with very little effort.

So actually, yes, it is the creditors responsibility to trace you, its just that some are lazy, or try to use the system to their advantage, and send correspondence to the last known address, even though there is a chance the debtor no longer lives there, and they know it.

This is how debt purchasing companies such as Lowell, Cabot, PRA Group etc, obtain judgements in default, by exploiting this little loophole, sending court papers to an address the debtor lived at 10 years ago, for example.

Except... With things like parking tickets, if you move and don't update the RK address it's an "offence" subject to fine up to £1000.  Further, the police are allowed to send NIP to the RK address not investigate if you might have moved. Similarly insurance can be voided. Not updating creditors when you move is a tactic used by those trying to escape debt. Debt collectors are quite within their rights to send letters to last known address as plenty of people try and get out of debts by moving and not updating quite deliberately, so it works both ways, as ever it's not black and white, debtor = good lender = bad as often painted here.

joebloggs11

sourcrates said:

You don`t say how much the judgement is for, how much is it ?

The debt is for £388

joebloggs11

So going forward what would be my best option? I would pay the debt if this is the easiest thing to do. How do I go about getting a consent order too?

thanks all

ThisnotThat

joebloggs11 said:

So going forward what would be my best option? I would pay the debt if this is the easiest thing to do. How do I go about getting a consent order too?

thanks all

Paying it won't get rid of the CCJ. Unless the mortgage co is OK with a satisfied CCJ then you're wasting your time and money doing that.

As you've been advised you either go for a consent order or a set-aside.  Which is easier depends on whether Lowell are amenable to a consent order or not.  If you can convince them this is genuinely fraud, it would be the cheapest (and arguable easiest as you generally won't need to attend court) option.  Otherwise, it's a set aside.

However, as I warned you before, neither option is going to be particularly quick. The courts are not particularly quick at the best of times.  Post-COVID even less so.  We're talking several months here (at best), not days or weeks.

joebloggs11

ThisnotThat said:

joebloggs11 said:

So going forward what would be my best option? I would pay the debt if this is the easiest thing to do. How do I go about getting a consent order too?

thanks all

Paying it won't get rid of the CCJ. Unless the mortgage co is OK with a satisfied CCJ then you're wasting your time and money doing that.

As you've been advised you either go for a consent order or a set-aside.  Which is easier depends on whether Lowell are amenable to a consent order or not.  If you can convince them this is genuinely fraud, it would be the cheapest (and arguable easiest as you generally won't need to attend court) option.  Otherwise, it's a set aside.

However, as I warned you before, neither option is going to be particularly quick. The courts are not particularly quick at the best of times.  Post-COVID even less so.  We're talking several months here (at best), not days or weeks.

Just a quick update. 

I’ve contacted Lowell and explained everything again and spoke to a really helpful lady who has told me she has sent off for it to be investigated as it could be a mistrace. 

Hopefully they can see this isn’t my debt and it will just be removed?

fingers crossed anyway

sourcrates

joebloggs11 said:

ThisnotThat said:

joebloggs11 said:

So going forward what would be my best option? I would pay the debt if this is the easiest thing to do. How do I go about getting a consent order too?

thanks all

Paying it won't get rid of the CCJ. Unless the mortgage co is OK with a satisfied CCJ then you're wasting your time and money doing that.

As you've been advised you either go for a consent order or a set-aside.  Which is easier depends on whether Lowell are amenable to a consent order or not.  If you can convince them this is genuinely fraud, it would be the cheapest (and arguable easiest as you generally won't need to attend court) option.  Otherwise, it's a set aside.

However, as I warned you before, neither option is going to be particularly quick. The courts are not particularly quick at the best of times.  Post-COVID even less so.  We're talking several months here (at best), not days or weeks.

Just a quick update. 

I’ve contacted Lowell and explained everything again and spoke to a really helpful lady who has told me she has sent off for it to be investigated as it could be a mistrace. 

Hopefully they can see this isn’t my debt and it will just be removed?

fingers crossed anyway

Nope, you can`t just remove a CCJ, if they find in your favour, they may agree to a consent order, they may even pay the fee if you ask nicely, also bear in mind if your on a low income, you may not have to pay the fee.

Let us know the outcome.

PixelPound

joebloggs11 said:

ThisnotThat said:

joebloggs11 said:

So going forward what would be my best option? I would pay the debt if this is the easiest thing to do. How do I go about getting a consent order too?

thanks all

Paying it won't get rid of the CCJ. Unless the mortgage co is OK with a satisfied CCJ then you're wasting your time and money doing that.

As you've been advised you either go for a consent order or a set-aside.  Which is easier depends on whether Lowell are amenable to a consent order or not.  If you can convince them this is genuinely fraud, it would be the cheapest (and arguable easiest as you generally won't need to attend court) option.  Otherwise, it's a set aside.

However, as I warned you before, neither option is going to be particularly quick. The courts are not particularly quick at the best of times.  Post-COVID even less so.  We're talking several months here (at best), not days or weeks.

Just a quick update. 

I’ve contacted Lowell and explained everything again and spoke to a really helpful lady who has told me she has sent off for it to be investigated as it could be a mistrace. 

Hopefully they can see this isn’t my debt and it will just be removed?

fingers crossed anyway

In your posts you've mentioned both it was to an address you have never lived at and also an address that not lived at for 10 years, which is it?

If it was taken out at an address that you never lived at, that would be a mistrace. The debt is associated with someone else with the same name as you. If they find it as a mistrace and the CCJ is against you, not the debtor, then they will have to request a set aside on mandatory grounds i.e the CCJ has been issued to the wrong individual.

joebloggs11

The address which the talktalk bill is for is an address I have never lived at or know anyone who as and the address I lived at 10 years ago is where they have traced me to but can’t have a done a very good job at trying to find me as I am living at my current address which I have lived at for the previous 6 years.

I spoke to someone at Lowell and she said they would investigate it but I have just received the following email 

Thank you for your recent email.

 

We apologise for any inconvenience this may have caused.

 

In order for us to investigate your claims further, we ask that you provide us with proof of residency for the date the account was opened, 5 February 2015. This can be in the form of one of the following; utility bill, council tax bill, tenancy agreement or mortgage statement.

 

You are able to seek your own independent legal advice from a Solicitor or the Citizens Advice.

How am I supposed to provide a bill from 6 years ago?? Surely it’s down to them to prove that it was me not the other way round??

Thanks everyone for replies