Backdoor CCJ Lowell - old Vaquis+Cap1 Card DEbts

[e_6]

Earlier this year, I was looking to move from my current address into another rented property 

I casually checked my credit score to see I had a CCJ from Lucas Credit on behalf of Lowell

 

I asked Lucas Credit for the details of the debt the provided the following:

 

Our client’s reference number: ......, Original creditor: Vanquis, Original creditors reference: XXXXXXXXXXX, Balance: £751.70

The account was opened on 30/04/2015 with the last payment to the original creditor on 13/05/2016 for the amount of £30.00.

 

Our client’s reference number: ......., Original creditor: Capital One, Original creditors reference: XXXXXXXXXXXXX, Balance: £615.67
The account was opened on 22/12/2014 with the last payment to the original creditor on 13/07/2017 for the amount of £38.60.

 

I told Lucas credit that I had let the client know (lowell) that I was moving home on 1/12/2019

(I have an email sent to Lowell informing them of change of address)

 

Based on that information I requested Lucas Credit to agree to set aside the judgement based on that, the kindly declined

As of the 30th of December they've allowed me 30 days to apply for my judgement to have this set aside 

 

When looking into the debts I noticed one of them was what I believe to be a fraudulent payment, 

I did notify Lowell about this debt had been reported to action fraud and I was waiting on lowell to provide me any information as they said they would get back to me in relation to debt. approx 08/4/2019 and then followed up on the 15/4/2019

(I heard nothing back and forgot about this assuming they'd be in contact)

 

I received a copy of the judgement from the court on Friday via email and can see its a basic rubber-stamped document with no additional information on the debts just the combined sum and court fees.

I have sent a SAR and will send a CPR & CPA to Lowell tomorrow 

 

is it viable for me to appeal to get this judgement set aside and file my defence ( i have a template will fill it out shortly and post)

 

Thank you

 

[dx100uk]

no point in sending CPR/CCA too late for that.

 

you seem to have proof you informed lowell concerning your address change

but i can't see a defence for the actual debts themselves.

 

sadly judgement has been handed down so unless you pay the full amount by day 28 from the judgement date , the CCJ will be there for 6yrs regardless.

 

 

[e_6]

Thanks for your reply,

 

The Capital one was a fraudulent case in my name So I feel its unfair for lowell to pursue that case,i wasnt in the property at the time and lowell haven't provided any information on that basis can i not defend using the below?

 

[removed - dx]

 

 

Edited January 10 by dx100uk
link to extenal site removed please read our rules

[dx100uk]

judgement has already been passed, it's to late to defend upon paperwork wriggles.

 

if you have written proof of the fraud i'e that you were living elsewhere, then raise an N244 .

however you need to be careful as that doesn't address the whole CCJ and judgement would still be registered regardless.

 

your best way might be to get the judgement settled within the time limit so it is not registered.

then go for a set aside later in the day , if you are lucky enough to get a set aside hearing, you might be able to address the CAp1 debt, but as it appears, have no defence for why you ran up the vanquis one?

 

there is also the issue of why from 2015/16 through 2019 you serviced these debts without raising a complaint that one of them was not your card and the result of identity theft?