Overdales Solicitors Refusing to accept evidance sent

soulforlife

I am at my wits end, 2yrs ago I received a letter from Overdales Solicitors, saying that I took out a credit card and used said card and failed to make payments! I of course knew nothing about this and thus contacted them to ask what it was all about, they said that a card was taken out in my name on a particular date and payments were not payed and thus a ccj was issued against me, I have since reported it as a fraudulent crime, as I was not the person who lived at said address in question and I did not take out said credit card, and yet they are still pursuing me, fast forward todays date and after bombarding of emails, letters and telephone calls and now the last letter I have now received is for a Notice of Issue of Warrant of Control to say bailiffs are going to turn up at my home.
I in return during all of this have provided Overdales eveindance of where I was living at the date in question, in terms of bank statements, credit card statements (all details blacked out) as well as a full experian report, clearly showing all address from the year 2016 to current date and any cards taken out, none of which mentions this particular address or credit card and yet Overdale appear to not taken any of this into fact and despite asking them for evidance that I was in fact the person at said property on said date, have failed to send me this, Ive made numerous complaints and yet to no avail, they just want the money due on this card and they dont seem to care who they get it from!!!
Surley a company can not get away with this, No evidance provided by them to prove it was me living at the address in question on the date in question and yet here we are.
Part of me wants to pay the money as quiet frankly I am at my wits end and just to shut them up, but why should I, when I know and yet have proved it was NOT me!
Spoken to two solicitors to get advise but for another solicitor to act on my behalf will cost more that what is owed on the said debt in question.
Im just total amazed that Overdales can get away with this, any help would be truly welcomed as I just dont know what to do next, before bailiffs turn up at my home

molerat

You do owe the money as the court says so, that is the basis of their claim and legally they are doing no wrong.  You need to speak to the card issuer and the court to get this stopped.  Have you checked your credit file ?  When was the CCJ issued ? 

Gandalf644

soulforlife said:

I am at my wits end, 2yrs ago I received a letter from Overdales Solicitors, saying that I took out a credit card and used said card and failed to make payments! I of course knew nothing about this and thus contacted them to ask what it was all about, they said that a card was taken out in my name on a particular date and payments were not payed and thus a ccj was issued against me, I have since reported it as a fraudulent crime, as I was not the person who lived at said address in question and I did not take out said credit card, and yet they are still pursuing me, fast forward todays date and after bombarding of emails, letters and telephone calls and now the last letter I have now received is for a Notice of Issue of Warrant of Control to say bailiffs are going to turn up at my home.
I in return during all of this have provided Overdales eveindance of where I was living at the date in question, in terms of bank statements, credit card statements (all details blacked out) as well as a full experian report, clearly showing all address from the year 2016 to current date and any cards taken out, none of which mentions this particular address or credit card and yet Overdale appear to not taken any of this into fact and despite asking them for evidance that I was in fact the person at said property on said date, have failed to send me this, Ive made numerous complaints and yet to no avail, they just want the money due on this card and they dont seem to care who they get it from!!!
Surley a company can not get away with this, No evidance provided by them to prove it was me living at the address in question on the date in question and yet here we are.
Part of me wants to pay the money as quiet frankly I am at my wits end and just to shut them up, but why should I, when I know and yet have proved it was NOT me!
Spoken to two solicitors to get advise but for another solicitor to act on my behalf will cost more that what is owed on the said debt in question.
Im just total amazed that Overdales can get away with this, any help would be truly welcomed as I just dont know what to do next, before bailiffs turn up at my home

A warrant of control indicates this is 'post court' action.

As they apparently made you aware of the debt two years ago, did you not get notice that the case was being heard in court and challenge it appropriately?

Or did you challenge it and lose?

A little more info required please?

born_again

Unless this has been to court, then no bailiff is going to turn up & get in.

Have you sent a prove it letter?

Until they start going to court for a CCJ, then you can ignore their contact.

soulforlife

No did not get notice it was being heard in court, I as I was not the person living at the said address in question of which I said this to Overdales, as that is were they said they sent everything, so how could I of challenged it, when I knew nothing about it, until this letter turned up at my correct address and I had my first engagement with them, as to query what it was all about

Gandalf644

soulforlife said:

No did not get notice it was being heard in court, I as I was not the person living at the said address in question of which I said this to Overdales, as that is were they said they sent everything, so how could I of challenged it, when I knew nothing about it, until this letter turned up at my correct address and I had my first engagement with them, as to query what it was all about

But you opened your opening post with '' 2yrs ago I received a letter from Overdales Solicitors..........' so you must have had some idea something was ongoing and what address they were using?

Anyway, firstly you will need to find out at which court and when the case was heard. The opposition solicitors will have this.

Make contact with that court and get the details. Explain to the court you never received your bundle (evidence) and ask what address they sent it to etc. Clearly explain the circumstances.

Whether or not they will be able to do anything at this late stage is difficult ,but trying to get a stay on proceedings is worth the try. Get the stay e-mailed or faxed to you asap.

DullGreyGuy

born_again said:

Unless this has been to court, then no bailiff is going to turn up & get in.

Have you sent a prove it letter?

Until they start going to court for a CCJ, then you can ignore their contact.

They say it's already been litigated so a CCJ is already in place but appears to be a case of mistaken identity. 

soulforlife

molerat said:

You do owe the money as the court says so, that is the basis of their claim and legally they are doing no wrong.  You need to speak to the card issuer and the court to get this stopped.  Have you checked your credit file ?  When was the CCJ issued ? 

Once overdales gave me the information with regard to all this, (as in name, address and card applied for, which apparantly was all done on-line) I did reach out to said card issuer, but they were no help, and yes my credit file is all good, for my legal name and my address I actual live at, Not the one in question that overdales claimed I lived at,  the ccj apparantly was issued in Aug 2022 according to the emails, letters received from Overdales 

molerat

A few questions

Have you checked all 3 credit reports to see if the CCJ is listed against you ?

Is the CCJ listed at your current address ?

Have you ever lived at the address - or in fact the locality - where the card was taken out ?

Do you know anyone who has ever lived at that address ?

How did you come to find that there was a CCJ against "you" ?

Have you been provided with the full name and date of birth of the person the CCJ is against ?

Trying to figure out if this is a mis-trace or fraud.

soulforlife

molerat said:

A few questions

Have you checked all 3 credit reports to see if the CCJ is listed against you ?

Is the CCJ listed at your current address ?

Have you ever lived at the address - or in fact the locality - where the card was taken out ?

Do you know anyone who has ever lived at that address ?

How did you come to find that there was a CCJ against "you" ?

Have you been provided with the full name and date of birth of the person the CCJ is against ?

Trying to figure out if this is a mis-trace or fraud.

No the ccj is not at my current address,
when I did search for a ccj, it is not listed at current address or even my address before that,
Overdales gave me the information of the ccj saying it was entered in August 2022
there is a ccj but against the property of which overdales provided
verbaly overdales when I rang for the first time, told me a name, address and email address and told me it was all done on-line
I have also reported this as a fraud 
Do not know anyone who has lived at the address in question

sourcrates

County court judgements are against the person, not a property.

If one was granted within the last 6 years, it will show in the public information section of your credit report, you can also check here:

check for ccj - Search

But there may be a small charge.

Now if one is registered, you will have to apply for a set aside on the basis that you are not the debtor, once a court has decided your guilt, that is the only way to stop action on it.

Overdales, however annoying they may seem, are doing nothing wrong, as a court has decided in their favour, and no amount of letters or evidence can alter that, the only way is to have the judgement set aside as fraudulent.

The cost is £300 for a set a side.

If bailiffs do turn up (and they must give 7 days notice of attendance) keep the doors locked, do not allow them entry, if you have a car that you own outright, park it away from your property, as it can be seized unless its on finance or a mobility car.

If they can`t get in (they are not allowed to force entry to private property) they will attend 3 times, then pass the account back to overdales.