Lowell Portfolio County Court Judgement at Previous Address! Also not the creditor! 1 December 2021 at 10:34AM in Debt-free wannabe 8 replies 346 views

ultimatefighter

Hi All. I have only this month learned of a county court judgement which is showing on my ClearScore Credit file

I have never dealt with Lowell and there is a county court judgement of £426. I called the court to find out the information. 
How can a third party take someone to court since they are not the creditor? 
On the electoral roll, I have not been at the address papers were served to since 2017. Does this not entitle me to write to the courts to have this removed due to incorrect service and notification? I am not trying to be shady. I simply want things to be done in the right way. 

Any assistance here would be greatly appreciated. 

Kind regards

fatbelly

Get the info from the court first - ask them to send you the particulars of claim - so you can be sure what this is, and this is yours. Lowell have bought it so if this is your debt and that was the last address they had for you, then that's what they used.

If they're not pursuing this and it's pretty old then it may be best to just let it drop off your file.

To have the ccj set aside you will have to apply to the courts on a N244 and that will alert Lowell to probably pursue the debt.

The courts will only set this aside if you fulfil three criteria:

• you have a defence with a reasonable prospect of success
• you have a reason why you did not respond to the claim
• you act promptly

The first of these is important as the set-aside just rolls things back to the start of the claim and then moves forward. So there may be no point in setting it aside.

EssexHebridean

@Puddles1983 I'll direct you to https://forums.moneysavingexpert.com/discussion/6105508/pls-remember-debt-free-wannabes-for-support-and-help-not-judgement#latest and remind you that DFW is for help and support, not judgement. If you have none of the former two items to offer, and too much of the latter, there are other boards on here that will suit you better.  

ultimatefighter

I am atcually happy to pay this for the reason that I have a good job and it is oversight and the amount is £400. 
It is from November 2020 although it states that it is a 2016 debt. I became homeless in 2017 so I forgot due to some traumatic events that occured. 

I don't want this one CCJ preventing me from having issues of borrowing for things like a house or car.

My issue is that the papers were not served and since April 2018 I have been publicaly visible through my bank, electoral roll, voting, and all institutions at my address yet Lowell did not do their due diligence and have served papers at an address that I left in late 2016. 

So thanks a lot to FatBelly for this. I just want this removed and to pay but I would have appreciated it to be at the right address so I could have the opportunity to say to the court - Here is my debit card and please take it as I do not want issues on my credit file at all. 

ultimatefighter

fatbelly said:

Get the info from the court first - ask them to send you the particulars of claim - so you can be sure what this is, and this is yours. Lowell have bought it so if this is your debt and that was the last address they had for you, then that's what they used.

If they're not pursuing this and it's pretty old then it may be best to just let it drop off your file.

To have the ccj set aside you will have to apply to the courts on a N245 and that will alert Lowell to probably pursue the debt.

The courts will only set this aside if you fulfil three criteria:

• you have a defence with a reasonable prospect of success
• you have a reason why you did not respond to the claim
• you act promptly

The first of these is important as the set-aside just rolls things back to the start of the claim and then moves forward. So there may be no point in setting it aside.

Is Form N245 Correct? 

Application for suspension of a warrant and / or variation of an order
???

ultimatefighter

Btw. This is from November 2020. Can this still be applied to be set aside?

ultimatefighter

I now have a hearing on 26th October 2022 for this to be set aside. 

In disclosure, it shows that the new address and current address was in posession by Lowell / Overdales in 2019. yet in 2020 they served papers to the old address.

their defence is resting on 6.9 CP that papers CAN be served to a last known address. If there is not a new one that is. 
I will update this as to how it goes. 

All my credit profile was in new address and Lowell had two incidents in disclosure from a Subject Acess request that they are misrepresenting the truth in their statement conducted by Overdales 

fatbelly

Well done. I have corrected my earlier post (N244 not 245)

ultimatefighter

I will post my witness statement shortly prior to the hearing when it has been sent to the other side so everybody can see what the process is.

I have taken the months to become educated in Civil Procedures for Court and also with regards to Financial Conduct Authority rules for Claims Management / Debt Collector agencies in respect to Treating Customers fairly. 

I am no longer the same man as the one who made this post originally.