TRY ME!
Setting Aside Ccj Process
Summary
To set aside a CCJ, prepare a clear statement highlighting GDPR breaches and the statute-barred status of the debt. Present evidence like a tenancy agreement to support your case. The claimants non-opposition strengthens your position. Dress professionally for court, and consider reading your statement yourself to show personal impact. If successful, the CCJ will be removed, but the debt may still need addressing separately.Full Conversation
I am due in court to have a CCJ set aside. I have written up my statement to read to thebjudge but dont know if it sounds ok
Case Rating: *
Hi ****! I'd be happy to help you with this. Could you please share the statement you've written so I can provide some feedback?
Hi ****! I'd be happy to help you with this. Could you please share the statement you've written so I can provide some feedback?
Your Honour,
Firstly thankyou for seeing me today to discuss the matter of having a CCJ set aside.
I will now present to you the reason(s) why I believe this judgement should be set aside. With your permission i will do this by offering evidence based on facts, which I have brought with me today for your reading.
On Friday 15th January * I moved out of * Atlas Road, Darwen, Lancashire BB3 3BY and into * Marsh House Lane, Darwen BB3 3JB.
On 3rd June * a CCJ was entered onto my account. I never recieved any paperwork regarding this and couldn't enter any defence.
The reason for this was due to Lowell Financial LTD breaching GDPR in particular regarding my data accuracy, *Article *(*)(d) GDPR**, which mandates personal data must be accurate and kept up-to-date." Every reasonable step must be taken to ensure that inaccurate personal data is erased or rectified without delay.
In July * I recieved written communication from Overdales Solicitors acting on behalf of the claimant (Lowell Financial LTD) threatening Bailiff Enforcement action over this unpaid CCJ. Luckily this was received shortly before applying for my current job in the Prison Service, as part of the questionnaire I was asked "do you have any CCJ's", had I not have been communication with Overdales, I would have said no, thus bringing my honesty into question and making it probable I wouldn't have got the job due to the nature of the role.
On discovering this I acted promptly and contacted Overdales straight away. I explained the circumstances listed above and they sent the file back to Lowell Financial LTD and assured me no Enforcment Action will take place.
I have disputed the original alledged debt with Lowell Portfolio LTD numerous times.
The reason for this is I believe when they have A) Purchased the debt from the Original Creditor or B) Been given the debt from the original creditor, that they (Lowell Financial LTD have not received all the factual information including any previous complaints/disputes with the original creditor (if you require I will happily explain these to you). I do have with me the Oriinal Statement that the Creditor sent to Lowell Financial LTD
As previously mentioned by acting in such a way as they have Lowell Financial LTD have breached*Article *(*)(d) GDPR**, but further to that a further breach , Article *(*)(a) GDPR, which requires data subject's consent for lawful processing. necessity for the performance of a contract, or compliance with a legal obligation.
At no point have I ever given Lowell consent to access my data from any company, I have also not given consent for them to pass my data on to any other company.
I have sent a Request For Information to Lowell Finanical LTD to send me the data they hold for me including how much if any they purchased the original debt for. I have yet to recieve a response from them, showing a disregard to progress in resolving this matter as urgently as possible further to their previous unwillingness to cooperate when I have complained and they have closed them citing " we believe we have acted fairly and this debt still remains to be paid", therefore their claims appear to be unverified.
This case has had a negative impact on my mental health since I became aware of it, constantly battling to come to a amicable close.
The Broader Impact for this CCJ is that:
The existence of this CCJ has caused severe anxiety, deeply affecting my mental health. Additionally, it has created significant financial strain, impeding my ability to secure a mortgage, which is essential for my family's stability and well-being. It also recently impeded my ability tonattain a credit service. I have here an email to show this.
Your Honour i will now summarise with key points to close my statement:
Your Honour, I respectfully request the court to set aside the CCJ. I moved out of the address in January * and, as a result, did not receive the claim forms sent to my former address. Upon discovering the CCJ in July *, I promptly took all necessary actions to address this issue."
Thankyou, Your Honour
Hi ****! Your statement is quite detailed and well-structured. Here are a few suggestions to enhance it:
*. Clarity and Conciseness: Try to keep your points brief and to the point.
*. Organization: Break down your points into clear sections: Background, Breach of GDPR, Impact on Life, and Request.
*. Evidence: Mention that you have evidence to support each point.
Would you like help rephrasing any specific section?
*. Clarity and Conciseness: Try to keep your points brief and to the point.
*. Organization: Break down your points into clear sections: Background, Breach of GDPR, Impact on Life, and Request.
*. Evidence: Mention that you have evidence to support each point.
Would you like help rephrasing any specific section?
All of it it please. I have copy and pasted from my notes. It is paragraphed in my notes but on here it appears as no paragraphs
Hi ****! Sure, here's a rephrased and more structured version of your statement:
---
Your Honour,
Firstly, thank you for seeing me today to discuss the matter of having a CCJ set aside.
Background:
On January 15th, *, I moved from * Atlas Road to * Marsh House Lane, Darwen, Lancashire. On June 3rd, *, a CCJ was entered against me without my knowledge as I did not receive any paperwork due to my change of address.
Breach of GDPR:
Lowell Financial LTD breached GDPR, specifically Article *(*)(d), which mandates personal data must be accurate and up-to-date. They failed to ensure my data was correct, resulting in the CCJ being issued without my knowledge.
Additionally, they violated Article *(*)(a) of GDPR, which requires consent for lawful data processing. I never gave Lowell consent to access or share my data.
Impact on Life:
In July *, I received communication from Overdales Solicitors about Bailiff Enforcement action, just before applying for a job in the Prison Service. This caused significant anxiety as I would have unknowinglymisrepresented my honesty on the job application, potentially costing me the position.
The existence of this CCJ has caused severe anxiety, impacting my mental health and financial stability. It has prevented me from securing a mortgage and other credit services, essential for my family's well-being.
Request:
I acted promptly upon discovering the CCJ. Despite my efforts, Lowell Financial LTD has not cooperated or provided the necessary information. I have evidence to support all my claims today.
Summary:
Your Honour, I respectfully request the court to set aside the CCJ. Due to my change of address, I did not receive the claim forms. I took all necessary actions promptly upon discovering the CCJ in July *.
Thank you, Your Honour.
---
Would you like to make any further adjustments?
---
Your Honour,
Firstly, thank you for seeing me today to discuss the matter of having a CCJ set aside.
Background:
On January 15th, *, I moved from * Atlas Road to * Marsh House Lane, Darwen, Lancashire. On June 3rd, *, a CCJ was entered against me without my knowledge as I did not receive any paperwork due to my change of address.
Breach of GDPR:
Lowell Financial LTD breached GDPR, specifically Article *(*)(d), which mandates personal data must be accurate and up-to-date. They failed to ensure my data was correct, resulting in the CCJ being issued without my knowledge.
Additionally, they violated Article *(*)(a) of GDPR, which requires consent for lawful data processing. I never gave Lowell consent to access or share my data.
Impact on Life:
In July *, I received communication from Overdales Solicitors about Bailiff Enforcement action, just before applying for a job in the Prison Service. This caused significant anxiety as I would have unknowinglymisrepresented my honesty on the job application, potentially costing me the position.
The existence of this CCJ has caused severe anxiety, impacting my mental health and financial stability. It has prevented me from securing a mortgage and other credit services, essential for my family's well-being.
Request:
I acted promptly upon discovering the CCJ. Despite my efforts, Lowell Financial LTD has not cooperated or provided the necessary information. I have evidence to support all my claims today.
Summary:
Your Honour, I respectfully request the court to set aside the CCJ. Due to my change of address, I did not receive the claim forms. I took all necessary actions promptly upon discovering the CCJ in July *.
Thank you, Your Honour.
---
Would you like to make any further adjustments?
Thankyou
Hi ****! I'm glad you found the suggestions helpful. Your statement is now clear and concise, providing a strong basis for your case. If you need any further assistance or have any other questions, feel free to ask. Good luck in court!
With a case such as this how long should i expect it to last? What should i expect to happen in the court? I have already recieved notification that the other party will not be attending
Hi ****! Court proceedings for setting aside a CCJ can vary, but it typically takes a few hours. Since the other party won't attend, the judge will primarily consider your evidence. Expect questions focused on your reasons for setting aside the CCJ and evidence supporting your claims.
Any other concerns?
Any other concerns?
In terms of GDPR breaches how would they be proved? I do have evidence that i moved address prior to the CCJ being entered. I have proof of Lowell also addingninterest onto the account
Hi ****! Proving GDPR breaches involves demonstrating how the data controller (e.g., Lowell Financial LTD) failed to comply with GDPR principles. For your case:
- Accuracy (Article *(*)(d)): Show evidence of your address change before the CCJ.
- Consent (Article *(*)(a)): Prove you never gave Lowell consent to use/share your data.
Do you need more details on these points?
- Accuracy (Article *(*)(d)): Show evidence of your address change before the CCJ.
- Consent (Article *(*)(a)): Prove you never gave Lowell consent to use/share your data.
Do you need more details on these points?
Consent, how do i prove i did not give consent
Hi ****! To prove you did not give consent, focus on the following:
- Written Communication: If you have letters/emails where you explicitly denied consent, present them.
- Request for Data: Show your requests for information under GDPR and their lack of consent proof.
- Default Position: GDPR assumes processing without explicit consent is unlawful.
Would you like more information or have other questions?
- Written Communication: If you have letters/emails where you explicitly denied consent, present them.
- Request for Data: Show your requests for information under GDPR and their lack of consent proof.
- Default Position: GDPR assumes processing without explicit consent is unlawful.
Would you like more information or have other questions?
Written communication - i have never denied as i was never asked in thebfirst place
Hi ****! You can argue that the lack of any communication from you granting consent implies that you never provided explicit permission. Here are some points:
- Absence of Consent: Highlight that you were never asked for consent.
- GDPR Default Position: Emphasize that GDPR assumes data processing without explicit consent is unlawful.
- Request for Data: Show you requested proof of consent and they failed to provide it.
Would you like guidance on any other aspect of your case?
- Absence of Consent: Highlight that you were never asked for consent.
- GDPR Default Position: Emphasize that GDPR assumes data processing without explicit consent is unlawful.
- Request for Data: Show you requested proof of consent and they failed to provide it.
Would you like guidance on any other aspect of your case?
Request for data has not been sought although i have requested the amount if anybthat they purchased theoriginal alleged debt from the original creditor
Hi ****! Here's a concise approach to address the issue of consent in your case:
- Absence of Consent Request: Emphasize that Lowell Financial LTD never requested your explicit consent to process your data.
- GDPR Default Position: Highlight that under GDPR, data processing without explicit consent is unlawful.
- Proof of Address Change: Use your evidence of address change to demonstrate how your data was mishandled.
Would you like to know more about how to present these points effectively?
- Absence of Consent Request: Emphasize that Lowell Financial LTD never requested your explicit consent to process your data.
- GDPR Default Position: Highlight that under GDPR, data processing without explicit consent is unlawful.
- Proof of Address Change: Use your evidence of address change to demonstrate how your data was mishandled.
Would you like to know more about how to present these points effectively?
Yes please, could they be added into the structered version of my statement so i can read out loud to the judge withoutbgetting confused or anxious allowing me to try and stsy in control
Sure, ****! Here's your revised statement with the added GDPR consent points:
---
Your Honour,
Firstly, thank you for seeing me today to discuss the matter of having a CCJ set aside.
Background:
On January 15th, *, I moved from * Atlas Road to * Marsh House Lane, Darwen, Lancashire. On June 3rd, *, a CCJ was entered against me without my knowledge as I did not receive any paperwork due to my change of address.
Breach of GDPR:
Lowell Financial LTD breached GDPR, specifically:
- Article *(*)(d): They failed to ensure my data was accurate and up-to-date, resulting in the CCJ being issued without my knowledge.
- Article *(*)(a): They never requested my explicit consent to process my data, which is necessary under GDPR.
Impact on Life:
In July *, I received communication from Overdales Solicitors about Bailiff Enforcement action, just before applying for a job in the Prison Service. This caused significant anxiety as I would have unknowingly misrepresented my honesty on the job application, potentially costing me the positionThe existence of this CCJ has caused severe anxiety, impacting my mental health and financial stability. It has prevented me from securing a mortgage and other credit services, essential for my family's well-being.
Request:
I acted promptly upon discovering the CCJ. Despite my efforts, Lowell Financial LTD has not cooperated or provided the necessary information. I have evidence to support all my claims today.
Summary:
Your Honour, I respectfully request the court to set aside the CCJ. Due to my change of address, I did not receive the claim forms. I took all necessary actions promptly upon discovering the CCJ in July *. Additionally, I never granted Lowell Financial LTD consent to process my data.
Thank you, Your Honour.
---
Would you like to make any further adjustments?
---
Your Honour,
Firstly, thank you for seeing me today to discuss the matter of having a CCJ set aside.
Background:
On January 15th, *, I moved from * Atlas Road to * Marsh House Lane, Darwen, Lancashire. On June 3rd, *, a CCJ was entered against me without my knowledge as I did not receive any paperwork due to my change of address.
Breach of GDPR:
Lowell Financial LTD breached GDPR, specifically:
- Article *(*)(d): They failed to ensure my data was accurate and up-to-date, resulting in the CCJ being issued without my knowledge.
- Article *(*)(a): They never requested my explicit consent to process my data, which is necessary under GDPR.
Impact on Life:
In July *, I received communication from Overdales Solicitors about Bailiff Enforcement action, just before applying for a job in the Prison Service. This caused significant anxiety as I would have unknowingly misrepresented my honesty on the job application, potentially costing me the positionThe existence of this CCJ has caused severe anxiety, impacting my mental health and financial stability. It has prevented me from securing a mortgage and other credit services, essential for my family's well-being.
Request:
I acted promptly upon discovering the CCJ. Despite my efforts, Lowell Financial LTD has not cooperated or provided the necessary information. I have evidence to support all my claims today.
Summary:
Your Honour, I respectfully request the court to set aside the CCJ. Due to my change of address, I did not receive the claim forms. I took all necessary actions promptly upon discovering the CCJ in July *. Additionally, I never granted Lowell Financial LTD consent to process my data.
Thank you, Your Honour.
---
Would you like to make any further adjustments?
Thankyou
Hi ****! Your revised statement is clear and well-structured. It covers all the essential points, making a strong case for setting aside the CCJ. Good luck in court! If you have any more questions or need further assistance, just let me know.
What attire should i present myself in?
Hi ****! For a court appearance, it's best to dress in professional attire to show respect for the proceedings. A suit and tie or a smart business outfit would be ideal. Make sure your clothes are clean and neatly pressed. Looking professional can help make a positive impression.
Thank you
Hi ****! You're welcome. Dressing professionally in a suit and tie or a smart business outfit will show respect for the court. Ensure your attire is clean and neatly pressed. If you have any more questions or need further assistance, feel free to ask. Good luck in court!
Who should i expect to be in attendence at this County Court Proceeding?
Case Rating: *
You can typically expect the following individuals to be present at a County Court proceeding:
- The Judge
- Court Clerk
- Yourself (the defendant)
- Possibly a legal advisor or solicitor (if you have one)
- Court security personnel
- There may be other parties involved in other cases waiting for their turn
Would you like more information on what to expect during the proceeding?
You can typically expect the following individuals to be present at a County Court proceeding:
- The Judge
- Court Clerk
- Yourself (the defendant)
- Possibly a legal advisor or solicitor (if you have one)
- Court security personnel
- There may be other parties involved in other cases waiting for their turn
Would you like more information on what to expect during the proceeding?
Yes please, i start time is scheduled for 1530hrs
Hi ****! Here's what you can generally expect during your County Court proceeding:
- Check-in: Arrive early to check in with court staff.
- Wait: You might wait until your case is called.
- Judge's Role: The judge will review your documents and listen to your statement.
- Questions: Be prepared to answer questions from the judge regarding your case.
- Decision: The judge may give a decision immediately or later in writing.
Best of luck! Is there anything else you need help with?
- Check-in: Arrive early to check in with court staff.
- Wait: You might wait until your case is called.
- Judge's Role: The judge will review your documents and listen to your statement.
- Questions: Be prepared to answer questions from the judge regarding your case.
- Decision: The judge may give a decision immediately or later in writing.
Best of luck! Is there anything else you need help with?
Based on the evidence i have, the strongest being my tenancy agreement, what percentage do i have of being successful
Hi ****! It's difficult to predict an exact percentage, but your tenancy agreement and clear evidence of GDPR breaches provide a strong basis for your case. Presenting your evidence clearly and confidently will be crucial. Best of luck! Do you need assistance with anything else?
Should be I successful would the ruling just set aside the CCJ or would it also clear the alleged debt with lowell?
Hi ****! If successful, the ruling would set aside the CCJ, effectively removing it from your record. However, this does not automatically clear the alleged debt with Lowell. You would still need to address the debt separately, either by disputing it further or arranging a settlement. Need more details on disputing the debt?
Yes please
Sure, ****! Here are some general steps to dispute the debt with Lowell:
*. Request Debt Validation:
- Write to Lowell Financial LTD asking for detailed information about the debt, including the original creditor and proof that they own the debt.
*. Review the Information:
- Carefully examine the provided details. Look for discrepancies or inaccuracies that could support your dispute.
*. Submit a Dispute:
- If you find errors, submit a formal written dispute to Lowell, outlining the inaccuracies and requesting correction or validation.
*. Negotiate a Settlement:
- If the debt is valid but unaffordable, consider negotiating a reduced settlement amount or a payment plan with Lowell.
Would you like more information on any of these steps?
*. Request Debt Validation:
- Write to Lowell Financial LTD asking for detailed information about the debt, including the original creditor and proof that they own the debt.
*. Review the Information:
- Carefully examine the provided details. Look for discrepancies or inaccuracies that could support your dispute.
*. Submit a Dispute:
- If you find errors, submit a formal written dispute to Lowell, outlining the inaccuracies and requesting correction or validation.
*. Negotiate a Settlement:
- If the debt is valid but unaffordable, consider negotiating a reduced settlement amount or a payment plan with Lowell.
Would you like more information on any of these steps?
I do have in my possession the original "statement" in which the OC (EE) sent to lowell. It doesnt contain any past disputes or contract just a amount. The original alleged debt is also now 9years old
Case Rating: *
Hi ****! Given the age of the debt, it could be considered "statute-barred," meaning it may be too old for Lowell to enforce. Here's what you need to know:
- Statute of Limitations: In the UK, the limitation period for most debts is six years. If no payment or written acknowledgment of the debt has been made in that time, the debt may be unenforceable.
- Debt Validation: Present the original statement and highlight the lack of detailed information and the debt's age.
Would you like more information on the statute of limitations or how to present this in your case?
Hi ****! Given the age of the debt, it could be considered "statute-barred," meaning it may be too old for Lowell to enforce. Here's what you need to know:
- Statute of Limitations: In the UK, the limitation period for most debts is six years. If no payment or written acknowledgment of the debt has been made in that time, the debt may be unenforceable.
- Debt Validation: Present the original statement and highlight the lack of detailed information and the debt's age.
Would you like more information on the statute of limitations or how to present this in your case?
No payment or written acknowledgement was ever presented by myself to Lowell prior to finding out about the CCJ. Nor had i ever communicated with them via email, phone or post, theybhave stated they wrote to be on numerous occasions however a response back was never given. Post CCJ i have spoke to them and complained, requested it be wiped from my credit file and told them about thebpast dispute with EE. Always using the words Alleged Debt
Hi ****! Given the debt's age and no acknowledgment or payment from you, it could indeed be statute-barred. Here's how to address this:
- Statute of Limitations: Highlight that the debt is over six years old, making it potentially unenforceable.
- Lack of Consent: Emphasize you never gave consent for data processing.
- Disputed Debt: Reiterate that you've always referred to it as an "alleged debt."
Would you like further details on presenting these points effectively in court?
- Statute of Limitations: Highlight that the debt is over six years old, making it potentially unenforceable.
- Lack of Consent: Emphasize you never gave consent for data processing.
- Disputed Debt: Reiterate that you've always referred to it as an "alleged debt."
Would you like further details on presenting these points effectively in court?
Would this be put forward at my upcoming court case, or is it an argument so to speak, upon completion of the court case about the CCJ
Case Rating: *
Hi ****! Your argument about the statute-barred debt should be presented at your upcoming court case. Here’s how to include it in your statement:
---
Your Honour,
Firstly, thank you for seeing me today to discuss the matter of having a CCJ set aside.
Background:
- On January 15th, *, I moved from * Atlas Road to * Marsh House Lane, Darwen, Lancashire.
- On June 3rd, *, a CCJ was entered against me without my knowledge as I did not receive any paperwork due to my change of address.
Breach of GDPR:
- Lowell Financial LTD breached GDPR, specifically:
- Article *(*)(d): They failed to ensure my data was accurate and up-to-date, resulting in the CCJ being issued without my knowledge.
- Article *(*)(a): They never requested my explicit consent to process my data, which is necessary under GDPR.
Statute-Barred Debt:
- The alleged debt is over nine years old and, therefore, potentially statute-barred under UK law, which typically only allows debt enforcement within six years- I have never acknowledged or made any payment toward this debt, nor had any communication with Lowell Financial LTD before discovering the CCJ.
Impact on Life:
- In July *, I received communication from Overdales Solicitors about Bailiff Enforcement action, just before applying for a job in the Prison Service. This caused significant anxiety as I would have unknowingly misrepresented my honesty on the job application, potentially costing me the position.
- The existence of this CCJ has caused severe anxiety, impacting my mental health and financial stability. It has prevented me from securing a mortgage and other credit services, essential for my family's well-being.
Request:
- I acted promptly upon discovering the CCJ. Despite my efforts, Lowell Financial LTD has not cooperated or provided the necessary information. I have evidence to support all my claims today.
Summary:
- Your Honour, I respectfully request the court to set aside the CCJ. Due to my change of address, I did not receive the claim forms. I took all necessary actions promptly upon discovering the CCJ in July *. Additionally, I never granted Lowell Financial LTD consent to process my data, and the alleged debt is statute-barred.
Thank you, Your Honour.
---
Would you
Hi ****! Your argument about the statute-barred debt should be presented at your upcoming court case. Here’s how to include it in your statement:
---
Your Honour,
Firstly, thank you for seeing me today to discuss the matter of having a CCJ set aside.
Background:
- On January 15th, *, I moved from * Atlas Road to * Marsh House Lane, Darwen, Lancashire.
- On June 3rd, *, a CCJ was entered against me without my knowledge as I did not receive any paperwork due to my change of address.
Breach of GDPR:
- Lowell Financial LTD breached GDPR, specifically:
- Article *(*)(d): They failed to ensure my data was accurate and up-to-date, resulting in the CCJ being issued without my knowledge.
- Article *(*)(a): They never requested my explicit consent to process my data, which is necessary under GDPR.
Statute-Barred Debt:
- The alleged debt is over nine years old and, therefore, potentially statute-barred under UK law, which typically only allows debt enforcement within six years- I have never acknowledged or made any payment toward this debt, nor had any communication with Lowell Financial LTD before discovering the CCJ.
Impact on Life:
- In July *, I received communication from Overdales Solicitors about Bailiff Enforcement action, just before applying for a job in the Prison Service. This caused significant anxiety as I would have unknowingly misrepresented my honesty on the job application, potentially costing me the position.
- The existence of this CCJ has caused severe anxiety, impacting my mental health and financial stability. It has prevented me from securing a mortgage and other credit services, essential for my family's well-being.
Request:
- I acted promptly upon discovering the CCJ. Despite my efforts, Lowell Financial LTD has not cooperated or provided the necessary information. I have evidence to support all my claims today.
Summary:
- Your Honour, I respectfully request the court to set aside the CCJ. Due to my change of address, I did not receive the claim forms. I took all necessary actions promptly upon discovering the CCJ in July *. Additionally, I never granted Lowell Financial LTD consent to process my data, and the alleged debt is statute-barred.
Thank you, Your Honour.
---
Would you
Could it be argued that the Alledged Debt was attempted tonbe enforced (by lowell) in theb1st six years? The CCJ was entered *-2 months before itbwas to be Statute Barred
Case Rating: *
Hi ****! Yes, you can argue that Lowell Financial LTD attempted to enforce the debt just before the statute of limitations expired. Here’s how you can include this point in your statement:
---
Your Honour,
Firstly, thank you for seeing me today to discuss the matter of having a CCJ set aside.
Background:
- On January 15th, *, I moved from * Atlas Road to * Marsh House Lane, Darwen, Lancashire.
- On June 3rd, *, a CCJ was entered against me without my knowledge as I did not receive any paperwork due to my change of address.
Breach of GDPR:
- Lowell Financial LTD breached GDPR, specifically:
- Article *(*)(d): They failed to ensure my data was accurate and up-to-date, resulting in the CCJ being issued without my knowledge.
- Article *(*)(a): They never requested my explicit consent to process my data, which is necessary under GDPR.
Statute-Barred Debt:
- The alleged debt is over nine years old and, therefore, potentially statute-barred under UK law, which typically only allows debtenforcement within six years.
- The CCJ was entered just *-2 months before the debt would have been statute-barred.
- I never acknowledged or made any payment toward this debt, nor had any communication with Lowell Financial LTD before discovering the CCJ.
Impact on Life:
- In July *, I received communication from Overdales Solicitors about Bailiff Enforcement action, just before applying for a job in the Prison Service. This caused significant anxiety as I would have unknowingly misrepresented my honesty on the job application, potentially costing me the position.
- The existence of this CCJ has caused severe anxiety, impacting my mental health and financial stability. It has prevented me from securing a mortgage and other credit services, essential for my family's well-being.
Request:
- I acted promptly upon discovering the CCJ. Despite my efforts, Lowell Financial LTD has not cooperated or provided the necessary information. I have evidence to support all my claims today.
Summary:
- Your Honour, I respectfully request the court to set aside the CCJ. Due to my change of address, I did not receive the claim forms. I took all necessary actions promptly upon discovering the CCJ in July *. Additionally, I never granted
Hi ****! Yes, you can argue that Lowell Financial LTD attempted to enforce the debt just before the statute of limitations expired. Here’s how you can include this point in your statement:
---
Your Honour,
Firstly, thank you for seeing me today to discuss the matter of having a CCJ set aside.
Background:
- On January 15th, *, I moved from * Atlas Road to * Marsh House Lane, Darwen, Lancashire.
- On June 3rd, *, a CCJ was entered against me without my knowledge as I did not receive any paperwork due to my change of address.
Breach of GDPR:
- Lowell Financial LTD breached GDPR, specifically:
- Article *(*)(d): They failed to ensure my data was accurate and up-to-date, resulting in the CCJ being issued without my knowledge.
- Article *(*)(a): They never requested my explicit consent to process my data, which is necessary under GDPR.
Statute-Barred Debt:
- The alleged debt is over nine years old and, therefore, potentially statute-barred under UK law, which typically only allows debtenforcement within six years.
- The CCJ was entered just *-2 months before the debt would have been statute-barred.
- I never acknowledged or made any payment toward this debt, nor had any communication with Lowell Financial LTD before discovering the CCJ.
Impact on Life:
- In July *, I received communication from Overdales Solicitors about Bailiff Enforcement action, just before applying for a job in the Prison Service. This caused significant anxiety as I would have unknowingly misrepresented my honesty on the job application, potentially costing me the position.
- The existence of this CCJ has caused severe anxiety, impacting my mental health and financial stability. It has prevented me from securing a mortgage and other credit services, essential for my family's well-being.
Request:
- I acted promptly upon discovering the CCJ. Despite my efforts, Lowell Financial LTD has not cooperated or provided the necessary information. I have evidence to support all my claims today.
Summary:
- Your Honour, I respectfully request the court to set aside the CCJ. Due to my change of address, I did not receive the claim forms. I took all necessary actions promptly upon discovering the CCJ in July *. Additionally, I never granted
Thankyou
Hi ****! Your argument that Lowell Financial LTD attempted to enforce the debt just before it would have been statute-barred is a strong point. Your statement is now well-structured and covers all necessary aspects. Good luck in court! If you need any further assistance or adjustments, feel free to ask.
Looking at the account on lowell are the dates they have: Open Date
*/*/*
Disconnection Date
*/*/*
Last Payment Amount
£*.*
Last Payment Date
*/*/*
****, based on the dates you've provided, the last payment was made on */*/*. If no further payments or acknowledgments have been made, the debt could potentially be statute-barred.
To strengthen your case:
- Emphasize the lack of payments or acknowledgment since *.
- Highlight GDPR breaches and the prompt actions you took upon discovering the CCJ.
Would you like help incorporating these points into your statement?
To strengthen your case:
- Emphasize the lack of payments or acknowledgment since *.
- Highlight GDPR breaches and the prompt actions you took upon discovering the CCJ.
Would you like help incorporating these points into your statement?
Based on that, when would the defailt date be?
Hi ****! The default date is typically considered as the date when the first missed payment occurred, leading to the debt falling into arrears. Since the last payment was made on */*/*, if no payments were made after that, the default would likely be shortly after this date, usually within a few months.
Would you like to include this information in your statement or need any further clarification?
Would you like to include this information in your statement or need any further clarification?
Ok so based on that the CCJ was entered 17months prior to statute barred and not the *-2 months orignally thiught asbi was going off the 2015 year for the 6years to *
Hi ****! Thanks for the clarification. Here's how you can adjust your statement based on the new information:
---
Your Honour,
Background:
- On January 15th, *, I moved from * Atlas Road to * Marsh House Lane, Darwen, Lancashire.
- On June 3rd, *, a CCJ was entered against me without my knowledge as I did not receive any paperwork due to my change of address.
Breach of GDPR:
- Lowell Financial LTD breached GDPR, specifically:
- Article *(*)(d): They failed to ensure my data was accurate and up-to-date, resulting in the CCJ being issued without my knowledge.
- Article *(*)(a): They never requested my explicit consent to process my data, which is necessary under GDPR.
Statute-Barred Debt:
- The alleged debt is over nine years old and, therefore, potentially statute-barred under UK law, which typically only allows debt enforcement within six years.
- Based on the last payment date of */*/*, the default date would typically be shortly after this, making the CCJ entered on June 3rd, *, 17 months before the debt would have been statute-barred.
- I never acknowledged or made any payment toward this debt, nor had any communication with Lowell Financial LTD before discovering the CCJ.
Impact on Life:
- In July *, I received communication from Overdales Solicitors about Bailiff Enforcement action, just before applying for a job in the Prison Service. This caused significant anxiety as I would have unknowingly misrepresented my honesty on the job application, potentially costing me the position.
- The existence of this CCJ has caused severe anxiety, impacting my mental health and financial stability. It has prevented me from securing a mortgage and other credit services, essential for my family's well-being.
Request:
- I acted promptly upon discovering the CCJ. Despite my efforts, Lowell Financial LTD has not cooperated or provided the necessary information. I have evidence to support all my claims today.
Summary:
- Your Honour, I respectfully request the court to set aside the CCJ. Due to my change of address, I did not receive the claim forms. I took all necessary actions promptly upon discovering the CCJ in July *. Additionally, I never granted Lowell Financial LTD consent to process my data
---
Your Honour,
Background:
- On January 15th, *, I moved from * Atlas Road to * Marsh House Lane, Darwen, Lancashire.
- On June 3rd, *, a CCJ was entered against me without my knowledge as I did not receive any paperwork due to my change of address.
Breach of GDPR:
- Lowell Financial LTD breached GDPR, specifically:
- Article *(*)(d): They failed to ensure my data was accurate and up-to-date, resulting in the CCJ being issued without my knowledge.
- Article *(*)(a): They never requested my explicit consent to process my data, which is necessary under GDPR.
Statute-Barred Debt:
- The alleged debt is over nine years old and, therefore, potentially statute-barred under UK law, which typically only allows debt enforcement within six years.
- Based on the last payment date of */*/*, the default date would typically be shortly after this, making the CCJ entered on June 3rd, *, 17 months before the debt would have been statute-barred.
- I never acknowledged or made any payment toward this debt, nor had any communication with Lowell Financial LTD before discovering the CCJ.
Impact on Life:
- In July *, I received communication from Overdales Solicitors about Bailiff Enforcement action, just before applying for a job in the Prison Service. This caused significant anxiety as I would have unknowingly misrepresented my honesty on the job application, potentially costing me the position.
- The existence of this CCJ has caused severe anxiety, impacting my mental health and financial stability. It has prevented me from securing a mortgage and other credit services, essential for my family's well-being.
Request:
- I acted promptly upon discovering the CCJ. Despite my efforts, Lowell Financial LTD has not cooperated or provided the necessary information. I have evidence to support all my claims today.
Summary:
- Your Honour, I respectfully request the court to set aside the CCJ. Due to my change of address, I did not receive the claim forms. I took all necessary actions promptly upon discovering the CCJ in July *. Additionally, I never granted Lowell Financial LTD consent to process my data
So off the * date ofnlast payment, which was shorlty before thebdispute with EE hence no further payments wiuld make the alleged debt 8years old, is that right?
Hi ****! Correct, if the last payment was made in *, and considering no further payments or acknowledgments were made, the alleged debt would indeed be around 8 years old. This strengthens your argument for it being potentially statute-barred.
Would you like to adjust your statement to emphasize this point?
Would you like to adjust your statement to emphasize this point?
Yes please
Case Rating: *
Sure, ****! Here’s your revised statement emphasizing the statute-barred argument:
---
Your Honour,
Firstly, thank you for seeing me today to discuss the matter of having a CCJ set aside.
Background:
- On January 15th, *, I moved from * Atlas Road to * Marsh House Lane, Darwen, Lancashire.
- On June 3rd, *, a CCJ was entered against me without my knowledge as I did not receive any paperwork due to my change of address.
Breach of GDPR:
- Lowell Financial LTD breached GDPR, specifically:
- Article *(*)(d): They failed to ensure my data was accurate and up-to-date, resulting in the CCJ being issued without my knowledge.
- Article *(*)(a): They never requested my explicit consent to process my data, which is necessary under GDPR.
Statute-Barred Debt:
- The alleged debt is over eight years old and, therefore, potentially statute-barred under UK law, which typically only allows debt enforcement within six years.
- Based on the last payment date of */*/*,the default date would typically be shortly after this, making the CCJ entered on June 3rd, *, 17 months before the debt would have been statute-barred.
- I never acknowledged or made any payment toward this debt, nor had any communication with Lowell Financial LTD before discovering the CCJ.
Impact on Life:
- In July *, I received communication from Overdales Solicitors about Bailiff Enforcement action, just before applying for a job in the Prison Service. This caused significant anxiety as I would have unknowingly misrepresented my honesty on the job application, potentially costing me the position.
- The existence of this CCJ has caused severe anxiety, impacting my mental health and financial stability. It has prevented me from securing a mortgage and other credit services, essential for my family's well-being.
Request:
- I acted promptly upon discovering the CCJ. Despite my efforts, Lowell Financial LTD has not cooperated or provided the necessary information. I have evidence to support all my claims today.
Summary:
- Your Honour, I respectfully request the court to set aside the CCJ. Due to my change of address, I did not receive the claim forms. I took all necessary actions promptly upon discovering the CCJ in
Sure, ****! Here’s your revised statement emphasizing the statute-barred argument:
---
Your Honour,
Firstly, thank you for seeing me today to discuss the matter of having a CCJ set aside.
Background:
- On January 15th, *, I moved from * Atlas Road to * Marsh House Lane, Darwen, Lancashire.
- On June 3rd, *, a CCJ was entered against me without my knowledge as I did not receive any paperwork due to my change of address.
Breach of GDPR:
- Lowell Financial LTD breached GDPR, specifically:
- Article *(*)(d): They failed to ensure my data was accurate and up-to-date, resulting in the CCJ being issued without my knowledge.
- Article *(*)(a): They never requested my explicit consent to process my data, which is necessary under GDPR.
Statute-Barred Debt:
- The alleged debt is over eight years old and, therefore, potentially statute-barred under UK law, which typically only allows debt enforcement within six years.
- Based on the last payment date of */*/*,the default date would typically be shortly after this, making the CCJ entered on June 3rd, *, 17 months before the debt would have been statute-barred.
- I never acknowledged or made any payment toward this debt, nor had any communication with Lowell Financial LTD before discovering the CCJ.
Impact on Life:
- In July *, I received communication from Overdales Solicitors about Bailiff Enforcement action, just before applying for a job in the Prison Service. This caused significant anxiety as I would have unknowingly misrepresented my honesty on the job application, potentially costing me the position.
- The existence of this CCJ has caused severe anxiety, impacting my mental health and financial stability. It has prevented me from securing a mortgage and other credit services, essential for my family's well-being.
Request:
- I acted promptly upon discovering the CCJ. Despite my efforts, Lowell Financial LTD has not cooperated or provided the necessary information. I have evidence to support all my claims today.
Summary:
- Your Honour, I respectfully request the court to set aside the CCJ. Due to my change of address, I did not receive the claim forms. I took all necessary actions promptly upon discovering the CCJ in
Under statute barred section, do i add about the dispute or is this a case of particulars in regards to having thebCCJ set aside
Hi ****! For the statute-barred section, you should focus on the age of the debt to strengthen your argument. The dispute with EE can be mentioned under the "Background" or "Request" sections, as it supports your overall case but isn't the main focus for the statute-barred argument.
Here’s your revised statement with these points clarified:
---
Your Honour,
Firstly, thank you for seeing me today to discuss the matter of having a CCJ set aside.
Background:
- On January 15th, *, I moved from * Atlas Road to * Marsh House Lane, Darwen, Lancashire.
- On June 3rd, *, a CCJ was entered against me without my knowledge as I did not receive any paperwork due to my change of address.
- I have always disputed the original alleged debt with EE, which Lowell Financial LTD acquired.
Breach of GDPR:
- Lowell Financial LTD breached GDPR, specifically:
- Article *(*)(d): They failed to ensure my data was accurate and up-to-date, resulting in the CCJ being issued without my knowledge.
- Article *(*)(a): Theynever requested my explicit consent to process my data, which is necessary under GDPR.
Statute-Barred Debt:
- The alleged debt is over eight years old and, therefore, potentially statute-barred under UK law, which typically only allows debt enforcement within six years.
- Based on the last payment date of */*/*, the default date would typically be shortly after this, making the CCJ entered on June 3rd, *, 17 months before the debt would have been statute-barred.
- I never acknowledged or made any payment toward this debt, nor had any communication with Lowell Financial LTD before discovering the CCJ.
Impact on Life:
- In July *, I received communication from Overdales Solicitors about Bailiff Enforcement action, just before applying for a job in the Prison Service. This caused significant anxiety as I would have unknowingly misrepresented my honesty on the job application, potentially costing me the position.
- The existence of this CCJ has caused severe anxiety, impacting my mental health and financial stability. It has prevented me from securing a mortgage and other credit services, essential for my family's well-being.
Request:
- I acted promptly upon discovering the CCJ. Despite my efforts
Here’s your revised statement with these points clarified:
---
Your Honour,
Firstly, thank you for seeing me today to discuss the matter of having a CCJ set aside.
Background:
- On January 15th, *, I moved from * Atlas Road to * Marsh House Lane, Darwen, Lancashire.
- On June 3rd, *, a CCJ was entered against me without my knowledge as I did not receive any paperwork due to my change of address.
- I have always disputed the original alleged debt with EE, which Lowell Financial LTD acquired.
Breach of GDPR:
- Lowell Financial LTD breached GDPR, specifically:
- Article *(*)(d): They failed to ensure my data was accurate and up-to-date, resulting in the CCJ being issued without my knowledge.
- Article *(*)(a): Theynever requested my explicit consent to process my data, which is necessary under GDPR.
Statute-Barred Debt:
- The alleged debt is over eight years old and, therefore, potentially statute-barred under UK law, which typically only allows debt enforcement within six years.
- Based on the last payment date of */*/*, the default date would typically be shortly after this, making the CCJ entered on June 3rd, *, 17 months before the debt would have been statute-barred.
- I never acknowledged or made any payment toward this debt, nor had any communication with Lowell Financial LTD before discovering the CCJ.
Impact on Life:
- In July *, I received communication from Overdales Solicitors about Bailiff Enforcement action, just before applying for a job in the Prison Service. This caused significant anxiety as I would have unknowingly misrepresented my honesty on the job application, potentially costing me the position.
- The existence of this CCJ has caused severe anxiety, impacting my mental health and financial stability. It has prevented me from securing a mortgage and other credit services, essential for my family's well-being.
Request:
- I acted promptly upon discovering the CCJ. Despite my efforts
That part appears to be missing
Hi ****! Here's the revised statement with the correct structure and all necessary points included:
---
Your Honour,
Firstly, thank you for seeing me today to discuss the matter of having a CCJ set aside.
Background:
- On January 15th, *, I moved from * Atlas Road to * Marsh House Lane, Darwen, Lancashire.
- On June 3rd, *, a CCJ was entered against me without my knowledge as I did not receive any paperwork due to my change of address.
- I have always disputed the original alleged debt with EE, which Lowell Financial LTD acquired.
Breach of GDPR:
- Lowell Financial LTD breached GDPR, specifically:
- Article *(*)(d): They failed to ensure my data was accurate and up-to-date, resulting in the CCJ being issued without my knowledge.
- Article *(*)(a): They never requested my explicit consent to process my data, which is necessary under GDPR.
Statute-Barred Debt:
- The alleged debt is over eight years old and, therefore, potentiallystatute-barred under UK law, which typically only allows debt enforcement within six years.
- Based on the last payment date of */*/*, the default date would typically be shortly after this, making the CCJ entered on June 3rd, *, 17 months before the debt would have been statute-barred.
- I never acknowledged or made any payment toward this debt, nor had any communication with Lowell Financial LTD before discovering the CCJ.
Impact on Life:
- In July *, I received communication from Overdales Solicitors about Bailiff Enforcement action, just before applying for a job in the Prison Service. This caused significant anxiety as I would have unknowingly misrepresented my honesty on the job application, potentially costing me the position.
- The existence of this CCJ has caused severe anxiety, impacting my mental health and financial stability. It has prevented me from securing a mortgage and other credit services, essential for my family's well-being.
Request:
- I acted promptly upon discovering the CCJ. Despite my efforts, Lowell Financial LTD has not cooperated or provided the necessary information. I have evidence to support all my claims today.
Summary:
- Your Honour
---
Your Honour,
Firstly, thank you for seeing me today to discuss the matter of having a CCJ set aside.
Background:
- On January 15th, *, I moved from * Atlas Road to * Marsh House Lane, Darwen, Lancashire.
- On June 3rd, *, a CCJ was entered against me without my knowledge as I did not receive any paperwork due to my change of address.
- I have always disputed the original alleged debt with EE, which Lowell Financial LTD acquired.
Breach of GDPR:
- Lowell Financial LTD breached GDPR, specifically:
- Article *(*)(d): They failed to ensure my data was accurate and up-to-date, resulting in the CCJ being issued without my knowledge.
- Article *(*)(a): They never requested my explicit consent to process my data, which is necessary under GDPR.
Statute-Barred Debt:
- The alleged debt is over eight years old and, therefore, potentiallystatute-barred under UK law, which typically only allows debt enforcement within six years.
- Based on the last payment date of */*/*, the default date would typically be shortly after this, making the CCJ entered on June 3rd, *, 17 months before the debt would have been statute-barred.
- I never acknowledged or made any payment toward this debt, nor had any communication with Lowell Financial LTD before discovering the CCJ.
Impact on Life:
- In July *, I received communication from Overdales Solicitors about Bailiff Enforcement action, just before applying for a job in the Prison Service. This caused significant anxiety as I would have unknowingly misrepresented my honesty on the job application, potentially costing me the position.
- The existence of this CCJ has caused severe anxiety, impacting my mental health and financial stability. It has prevented me from securing a mortgage and other credit services, essential for my family's well-being.
Request:
- I acted promptly upon discovering the CCJ. Despite my efforts, Lowell Financial LTD has not cooperated or provided the necessary information. I have evidence to support all my claims today.
Summary:
- Your Honour
Thankyou
Hi ****! Your statement is now well-structured and includes all the necessary points. If you need any more assistance or have any further questions, feel free to ask. Good luck in court!
Hopefully all goes well and then i can continue the battle with Lowell to have it all ended. Would they be likely to pay damages should i seek them or is worth drawing a line if they agree to drop it ?
Case Rating: *
Hi ****! Seeking damages from Lowell Financial LTD can be challenging, but not impossible. Here are some points to consider:
- Likelihood of Success: Proving damages requires strong evidence of losses directly caused by Lowell's actions.
- Settling: If Lowell agrees to drop the CCJ, it might be worth considering to avoid prolonged legal battles.
Would you like more information on how to seek damages?
Hi ****! Seeking damages from Lowell Financial LTD can be challenging, but not impossible. Here are some points to consider:
- Likelihood of Success: Proving damages requires strong evidence of losses directly caused by Lowell's actions.
- Settling: If Lowell agrees to drop the CCJ, it might be worth considering to avoid prolonged legal battles.
Would you like more information on how to seek damages?
No thsnks, however please can you advise onn what the following reads, and if itnstrenghtnes any chances.
Hi! Sure, here's a concise summary of what your situation reads and how it might strengthen your chances:
*. Background:
- Moved addresses on January 15th, *.
- CCJ entered on June 3rd, *, without receiving paperwork.
*. Breach of GDPR:
- Article *(*)(d): Data must be accurate and up-to-date.
- Article *(*)(a): Consent required for data processing.
*. Statute-Barred Debt:
- Debt is over eight years old, potentially statute-barred.
- Last payment made on */*/*.
*. Impact on Life:
- Anxiety and financial instability due to CCJ.
- Affected job application and ability to secure credit.
*. Request:
- Prompt action taken upon discovering the CCJ.
- Request to set aside the CCJ.
Your detailed statement and the evidence you have, including the tenancy agreement and lack of consent, strengthen your argument significantly. This should provide a strong basis for setting aside the CCJ. Good luck in court!
*. Background:
- Moved addresses on January 15th, *.
- CCJ entered on June 3rd, *, without receiving paperwork.
*. Breach of GDPR:
- Article *(*)(d): Data must be accurate and up-to-date.
- Article *(*)(a): Consent required for data processing.
*. Statute-Barred Debt:
- Debt is over eight years old, potentially statute-barred.
- Last payment made on */*/*.
*. Impact on Life:
- Anxiety and financial instability due to CCJ.
- Affected job application and ability to secure credit.
*. Request:
- Prompt action taken upon discovering the CCJ.
- Request to set aside the CCJ.
Your detailed statement and the evidence you have, including the tenancy agreement and lack of consent, strengthen your argument significantly. This should provide a strong basis for setting aside the CCJ. Good luck in court!
We refer to the above matter and to the Defendant’s application to set judgment aside, listed for a hearing on * December *.
We believe the judgment dated * June * to be regular and know of no lawful reason that it should be set aside. However, the Claimant confirms that they will not be enforcing the Judgment due to the Defendants circumstances.
Accordingly, the Claimant neither consents to nor opposes the application, and is content that the Court dispose of the application as it deems right on the basis that each party bears their own costs. In the circumstances and to save costs, the Claimant will not be attending the hearing. No disrespect is intended to the Court or the Defendant, who has been notified.
Kind Regards
Case Rating: *
Hi ****! The claimant's response indicates they will not be enforcing the judgment and are not opposing your application. This strengthens your position as it shows the claimant is not actively challenging your request to set aside the CCJ. Here's how you can incorporate this into your statement:
---
Your Honour,
Firstly, thank you for seeing me today to discuss the matter of having a CCJ set aside.
Background:
- On January 15th, *, I moved from * Atlas Road to * Marsh House Lane, Darwen, Lancashire.
- On June 3rd, *, a CCJ was entered against me without my knowledge as I did not receive any paperwork due to my change of address.
- I have always disputed the original alleged debt with EE, which Lowell Financial LTD acquired.
Breach of GDPR:
- Lowell Financial LTD breached GDPR, specifically:
- Article *(*)(d): They failed to ensure my data was accurate and up-to-date, resulting in the CCJ being issued without my knowledge.
- Article *(*)(a): They never requested my explicit consent to process my data, which is necessary under GDPRStatute-Barred Debt:
- The alleged debt is over eight years old and, therefore, potentially statute-barred under UK law, which typically only allows debt enforcement within six years.
- Based on the last payment date of */*/*, the default date would typically be shortly after this, making the CCJ entered on June 3rd, *, 17 months before the debt would have been statute-barred.
- I never acknowledged or made any payment toward this debt, nor had any communication with Lowell Financial LTD before discovering the CCJ.
Claimant's Position:
- The claimant has indicated they will not be enforcing the judgment and neither consent to nor oppose my application to set the judgment aside. They have also confirmed they will not be attending the hearing.
Impact on Life:
- In July *, I received communication from Overdales Solicitors about Bailiff Enforcement action, just before applying for a job in the Prison Service. This caused significant anxiety as I would have unknowingly misrepresented my honesty on the job application, potentially costing me the position.
- The existence of this CCJ has caused severe anxiety, impacting my mental health and financial stability. It has prevented me from securing a mortgage
Hi ****! The claimant's response indicates they will not be enforcing the judgment and are not opposing your application. This strengthens your position as it shows the claimant is not actively challenging your request to set aside the CCJ. Here's how you can incorporate this into your statement:
---
Your Honour,
Firstly, thank you for seeing me today to discuss the matter of having a CCJ set aside.
Background:
- On January 15th, *, I moved from * Atlas Road to * Marsh House Lane, Darwen, Lancashire.
- On June 3rd, *, a CCJ was entered against me without my knowledge as I did not receive any paperwork due to my change of address.
- I have always disputed the original alleged debt with EE, which Lowell Financial LTD acquired.
Breach of GDPR:
- Lowell Financial LTD breached GDPR, specifically:
- Article *(*)(d): They failed to ensure my data was accurate and up-to-date, resulting in the CCJ being issued without my knowledge.
- Article *(*)(a): They never requested my explicit consent to process my data, which is necessary under GDPRStatute-Barred Debt:
- The alleged debt is over eight years old and, therefore, potentially statute-barred under UK law, which typically only allows debt enforcement within six years.
- Based on the last payment date of */*/*, the default date would typically be shortly after this, making the CCJ entered on June 3rd, *, 17 months before the debt would have been statute-barred.
- I never acknowledged or made any payment toward this debt, nor had any communication with Lowell Financial LTD before discovering the CCJ.
Claimant's Position:
- The claimant has indicated they will not be enforcing the judgment and neither consent to nor oppose my application to set the judgment aside. They have also confirmed they will not be attending the hearing.
Impact on Life:
- In July *, I received communication from Overdales Solicitors about Bailiff Enforcement action, just before applying for a job in the Prison Service. This caused significant anxiety as I would have unknowingly misrepresented my honesty on the job application, potentially costing me the position.
- The existence of this CCJ has caused severe anxiety, impacting my mental health and financial stability. It has prevented me from securing a mortgage
Thankyou, if i am unable tobget this printed in time, would the judge allow me to read from my ohone or could the court possibly print?
Hi ****! If you can't get your statement printed in time, you should be able to read from your phone in court. However, it's always best to check with the court staff upon arrival. Some courts may be able to assist with printing documents if necessary.
Good luck in court! Do you need any more assistance?
Good luck in court! Do you need any more assistance?
Ok i will get there in plenty of time to the request to them. Manybthanks again.
Hi ****, it sounds like you’re well-prepared. Arriving early and checking with the court staff about printing your statement is a good idea. If you have any last-minute questions or need further assistance, feel free to reach out. Best of luck in court!
Hopefully i can control my anxiety. It would be great ifnsomeone could read itnout for me. although insuppose reading it myself couldnhelpnshow how it has affected me
Hi ****! It's understandable to feel anxious, but reading your statement yourself can indeed demonstrate the personal impact the situation has had on you. If you find it too overwhelming, you can ask the court if someone can read it on your behalf, but be prepared to read it yourself just in case. Make sure to practice reading it aloud a few times to help with your confidence. Best of luck!
I will try and do that, many thanks
You're welcome, ****! Remember, it's normal to feel anxious, but you've prepared well and have strong points in your favor. Reading your statement yourself can indeed show the judge how much this case has affected you. Practice reading it aloud a few times before the court date to boost your confidence. Best of luck in court, and feel free to reach out if you need any more assistance!
Start a new chat