Overdales - claiming I have a CCJ but it's not on my Experian credit report

I received a letter from Overdales Solicitors titled "Potential Enforcement action in 14 days" with regards to an outstanding balance of £414

It says that they've been instructed to apply for a Warrant of Control because a CCJ was entered against me in 5 years ago in February 2018.

Their client is Lowell Portfolio and I do recall getting letters from them in the past but I have forgotten what the original debt was. Most likely something from around 2015 when I wasn't great at managing my money.

However, no CCJ has appeared on my Experian credit report. My Experian score is 893 and has been around this number for a couple of years since I've been trying to improve my rating. I just signed up the Experian full report and checked in there and there's nothing about a CCJ. Under the "Bankruptcy, CCJ or IVA" section it says "You have no public records"

So not sure how to proceed with this

If I contact them I would prefer to do so via email, is that viable? I haven't contacted a debt collection agency before.

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Comments

  • fatbelly
    fatbelly Posts: 22,752 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    If they have given you the court reference, check with the court whether it is genuine and your  debt

    Most creditors use the county court business centre so email

    ccbc@justice.gov.uk

    and ask for the 'particulars of claim'

    If they haven't quoted a court reference it's probably a bluff
  • holdorflod
    holdorflod Posts: 43 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Nope, they haven't included a court reference

    Only a "Claim Number" and "Our Reference"
  • holdorflod
    holdorflod Posts: 43 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    edited 2 March 2023 at 6:51PM
    Just drafted an email to send... would this suffice?

    Dear Sir/Madam,

    I am writing in regards to the letter I received from Overdales Solicitors regarding a potential enforcement action for an outstanding balance of £414. 

    I note that your letter claims that a CCJ was entered against me in February 2018. However, you have not provided me with any court reference number or other details that would allow me to verify this claim. In light of this, I would appreciate it if you could provide me with more information about the alleged CCJ, including the court reference number and the particulars of claim.

    In addition, could you please provide me with details of the original debt that the CCJ relates to, including the name of the original creditor, the amount of the debt, and the date that it was incurred? I have checked my credit report and there is no record of a CCJ, and I would appreciate clarification on why this might be the case.

    I would appreciate your cooperation in providing me with the requested information, as it would enable us to resolve any outstanding issues. In the event that I do not hear back from you, I may need to seek further clarification from the County Court Business Centre.

    I look forward to your prompt response.

    Kind regards,

  • tacpot12
    tacpot12 Posts: 9,194 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    That seems fine. I suspect that will not have any insight into why the CCJ is not on your credit report.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • fatbelly
    fatbelly Posts: 22,752 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Nope, they haven't included a court reference

    Only a "Claim Number" and "Our Reference"
    The claim number IS the court reference
  • fatbelly
    fatbelly Posts: 22,752 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Just drafted an email to send... would this suffice?

    Dear Sir/Madam,

    I am writing in regards to the letter I received from Overdales Solicitors regarding a potential enforcement action for an outstanding balance of £414. 

    I note that your letter claims that a CCJ was entered against me in February 2018. However, you have not provided me with any court reference number or other details that would allow me to verify this claim. In light of this, I would appreciate it if you could provide me with more information about the alleged CCJ, including the court reference number and the particulars of claim.

    In addition, could you please provide me with details of the original debt that the CCJ relates to, including the name of the original creditor, the amount of the debt, and the date that it was incurred? I have checked my credit report and there is no record of a CCJ, and I would appreciate clarification on why this might be the case.

    I would appreciate your cooperation in providing me with the requested information, as it would enable us to resolve any outstanding issues. In the event that I do not hear back from you, I may need to seek further clarification from the County Court Business Centre.

    I look forward to your prompt response.

    Kind regards,

    Email CCBC, quote the reference and ask for the particulars of claim.

    Then you will be able to respond to Overdales.

    How you respond will depend on whether this is  your debt, if it is yours but you had a defence to the claim or whether this judgement is over 6 years old. All info best got from the court as you cannot trust Overdales.


  • holdorflod
    holdorflod Posts: 43 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    edited 3 March 2023 at 12:21PM
    Ok thanks, I had already sent that email to Overdales yesterday but I just now emailed CCBC with the ref and they said they will aim to get back within 10 days. 

    Is there anything else I need to do at this stage? The Overdales letter stated that they're going to apply for a Warrant of Control on the 7th of March which may be after I hear back from the CCBC... though I did send Overdales that email so hopefully will hear back from them.

    *edit* Just realised that the 7th of March is only 2 working days from today.

    Would it be wise for me to phone Overdales today?


  • molerat
    molerat Posts: 34,414 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    However, no CCJ has appeared on my Experian credit report.

    Have you checked the other 2 ?

    TransUnion via Kredit Karma https://www.creditkarma.co.uk/signup

    Equifax via ClearScore https://app.clearscore.com/signup

    Hope you are not paying for Experian



  • fatbelly
    fatbelly Posts: 22,752 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Ok thanks, I had already sent that email to Overdales yesterday but I just now emailed CCBC with the ref and they said they will aim to get back within 10 days. 

    Is there anything else I need to do at this stage? The Overdales letter stated that they're going to apply for a Warrant of Control on the 7th of March which may be after I hear back from the CCBC... though I did send Overdales that email so hopefully will hear back from them.

    *edit* Just realised that the 7th of March is only 2 working days from today.

    Would it be wise for me to phone Overdales today?


    No. Stop panicking, and stop contacting them until you know what this is. 

    The bailiff thing is probably just a threat and, if this turns out to be a consumer credit act debt, they would have to use the county court bailiff who will not cause any problems (which is probably why it's just a threat) 
  • sourcrates
    sourcrates Posts: 31,291 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Also, re: any visit by a bailiff, just keep them outside, lock your doors, and do not allow them access, or engage with them in any way.

    Also the bailiff must give you 7 days written notice of intent to attend your address.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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