Backdoor CCJ Lowell Overdales - old Vodafone debt

[Birkingfluted]

Afternoon.

 

I’ve checked my credit file with regards to an alert to find I’ve a ccj. I’ve called the county court business centre to discover it’s from overdales on behalf of Lowell’s regarding a Vodafone debt.

 

Now to clarify I was aware of this debt and had communication regarding the debt..but then life happened and it slipped my mind completely so that is my fault!

 

but…

 

the problem here is the ccj documentation was sent to an address nearly 5 years old in December. Even on the emails it had my current address. 
 

do I have any grounds to enter a n244 set aside or is it a pointless exercise!

 

regards

 

 

Edited October 10, 2022 by Birkingfluted

[Andyorch]

Given the judgment is 5 years old...you only have to wait a further 12 months and it will fall off your credit file. If the judgment creditor does not try to enforce it within the next 12 months they will have difficulty trying further enforcement as it will have passed 6 years.

 

Is it really worth the gamble and £275 to set it a side now ?

 

Andy

[Birkingfluted]

My bad, I didn’t explain it correctly.

 

the debt is 5 years old.

 

the ccj was placed on the 5th of October this year

Edited October 10, 2022 by Birkingfluted

[Andyorch]

Okay and vodafone / Lowell have your current address as confirmed by email ?

[Birkingfluted]

Vodafone don’t but overdales definitely do

[dx100uk]

if OD's had/replied to emails containing your correct and current address before they raised the court claim, I'd be sending them another email with ref to this and demanding they set aside the CCJ FOC to you by mutual consent immediately!!

 

dx

 

[Birkingfluted]

Thanks for the replies guys

ill send a polite email to overdales then demanding to set aside the ccj

 

[dx100uk]

And They do and pay for it not you!!

 

Don't be nice get angry, it's a purposeful backdoor ccj done with malice when they knew your correct address 

 

Dx

[Birkingfluted]

I sent them an email outlining all of the above on the day of this post. Just waiting to hear

[Birkingfluted]

So far I’ve sent it to

 

the help email overdales give on their page

their complaints twice.

their ceo with his old Lucas email twice

and Lowell themselves as they instructed overdales.

 

no response as of yet

[dx100uk]

oh well

 

time for snail mail then.

 

OVERDALES SOLICITORS
PO BOX 1399
BRADFORD
BD55GA

[Birkingfluted]

Morning.

 

upon checking my emails today. Overdales wrote back regarding my complaint. They have upheld it and will apply to the court to get it set aside.

 

curious they said due to volume of the court it could take a while..what happens to the ccj in the waiting period.

 

[dx100uk]

hey good result.

 

 

can we see the email

copy the text of it here - remove your details/AC/CCJ number/.

 

dx

 

 

 

[Birkingfluted]

writing

We are writing further to our email dated 18th October 2022 and confirm we have concluded our investigation into the issues you raised.

 

Your concerns

 

We understand that you feel we have entered a County Court Judgment (CCJ) against you with malice and you are not happy. Furthermore, you stated that you now have a stain on your credit file due to our incompetence. 

 

Our findings

 

Our records confirm you first contacted us on 13 April 2022. You signed your email off with part of your name, address and contact number. On 21 April 2022 we responded to your email stating we required some security information from you and we asked that you confirmed your full name, date of birth and a previous address, if any. On 21 April 2022 you responded to our email with the requested security information.

 

Outcome

 

Upon review of your account, we can confirm your complaint has been upheld. Due to an administrative error, on receipt of your email of 21 April 2022, the address on your account was changed to your previous address. Because of this, correspondence regarding your account was sent to the wrong address.

 

We apologise for this error, please be assured that this was not a deliberate attempt to either issue proceedings or secure a Judgment for our client at a different address. It is neither in our own or our client’s interest to contact an individual at an address that we know is incorrect.

 

As Solicitors for our client, we pride ourselves on dealing with our client’s customers in a professional manner and we apologise that we have failed to achieve this in your dealings with us. Please be assured that the relevant feedback has been provided as part of this complaint investigation.

 

Next Steps

 

To rectify this matter, we will be making an application to the County Court Business Centre to set the CCJ aside and as you previously made us aware that you wanted to discuss the debt with Vodafone, will ask the court to allow you time to either file a defence or contact our office with any proposals you may have following those discussions.

 

As you will appreciate, the Judge holds the discretion as to whether applications are successful however, we do not envisage this to be an issue, but we have to make you aware. We unfortunately cannot provide any timescales for the court to deal with our application. A usual estimation is between 4 to 6 weeks however this can increase dependant on volumes.

 

Furthermore, we have made a request for a copy of the Data Subject Access Request (DSAR) to be sent to

With regards to your request for everything to be sent via email to allow you to keep records, we confirm we will now contact you via email where possible, however, some letters may still be sent to you via post, these may be required by the Court or where we are obliged to keep you up to date with regards to the status of your account. 

 

If you remain unhappy with our response, then you are entitled to seek independent legal advice from a solicitor or one of the free advice services such as the Citizen’s Advice Bureau.

 

Yours sincerely,

 

 

 

to our email dated 18^th October 2022 and confirm

We are writing further to our email dated 18^th October 2022 and confirm we have concluded our investigation into the issues you raised.

 

Your concerns

 

We understand that you feel we have entered a County Court Judgment (CCJ) against you with malice and you are not happy. Furthermore, you stated that you now have a stain on your credit file due to our incompetence. 

 

Our findings

 

Our records confirm you first contacted us on 13 April 2022. You signed your email off with part of your name, address and contact number. On 21 April 2022 we responded to your email stating we required some security information from you and we asked that you confirmed your full name, date of birth and a previous address, if any. On 21 April 2022 you responded to our email with the requested security information.

 

Outcome

 

Upon review of your account, we can confirm your complaint has been upheld. Due to an administrative error, on receipt of your email of 21 April 2022, the address on your account was changed to your previous address. Because of this, correspondence regarding your account was sent to the wrong address.

 

We apologise for this error, please be assured that this was not a deliberate attempt to either issue proceedings or secure a Judgment for our client at a different address. It is neither in our own or our client’s interest to contact an individual at an address that we know is incorrect.

 

As Solicitors for our client, we pride ourselves on dealing with our client’s customers in a professional manner and we apologise that we have failed to achieve this in your dealings with us. Please be assured that the relevant feedback has been provided as part of this complaint investigation.

 

Next Steps

 

To rectify this matter, we will be making an application to the County Court Business Centre to set the CCJ aside and as you previously made us aware that you wanted to discuss the debt with Vodafone, will ask the court to allow you time to either file a defence or contact our office with any proposals you may have following those discussions.

 

As you will appreciate, the Judge holds the discretion as to whether applications are successful however, we do not envisage this to be an issue, but we have to make you aware. We unfortunately cannot provide any timescales for the court to deal with our application. A usual estimation is between 4 to 6 weeks however this can increase dependant on volumes.

 

Furthermore, we have made a request for a copy of the Data Subject Access Request (DSAR) to be sent to you.

 

have concluded our investigation into the issues you raised.

 

Your concerns

 

We understand that you feel we have entered a County Court Judgment (CCJ) against you with malice and you are not happy. Furthermore, you stated that you now have a stain on your credit file due to our incompetence. 

 

Our findings

 

Our records confirm you first contacted us on 13 April 2022. You signed your email off with part of your name, address and contact number. On 21 April 2022 we responded to your email stating we required some security information from you and we asked that you confirmed your full name, date of birth and a previous address, if any. On 21 April 2022 you responded to our email with the requested security information.

 

Outcome

 

Upon review of your account, we can confirm your complaint has been upheld. Due to an administrative error, on receipt of your email of 21 April 2022, the address on your account was changed to your previous address. Because of this, correspondence regarding your account was sent to the wrong address.

 

We apologise for this error, please be assured that this was not a deliberate attempt to either issue proceedings or secure a Judgment for our client at a different address. It is neither in our own or our client’s interest to contact an individual at an address that we know is incorrect.

 

As Solicitors for our client, we pride ourselves on dealing with our client’s customers in a professional manner and we apologise that we have failed to achieve this in your dealings with us. Please be assured that the relevant feedback has been provided as part of this complaint investigation.

 

Next Steps

 

To rectify this matter, we will be making an application to the County Court Business Centre to set the CCJ aside and as you previously made us aware that you wanted to discuss the debt with Vodafone, will ask the court to allow you time to either file a defence or contact our office with any proposals you may have following those discussions.

 

As you will appreciate, the Judge holds the discretion as to whether applications are successful however, we do not envisage this to be an issue, but we have to make you aware. We unfortunately cannot provide any timescales for the court to deal with our application. A usual estimation is between 4 to 6 weeks however this can increase dependant on volumes.

 

Furthermore, we have made a request for a copy of the Data Subject Access Request (DSAR) to be sent to you.