Identify fraud and CCJ

sheilab76 · 20 July 2017 at 8:57PM

I am at my wits end and would appreciate any help or advice. I discovered, completely by chance, a few weeks ago that there is a CCJ against me. On investigation, this is for an item I never purchased way back in 2012. from a company called Studio Mail Order.
There is a default against my credit rating and, after seeking advice, I have paid the outstanding amount that is owing (bringing my account back to zero).
My problem is this. I want to find out how this item was originally purchased and how it was done in my name. The mail order company repeatedly tell me they have no record of my details - or the transaction - on their files.
The CCJ was issued to me at an address I no longer live in (which is why I didn't know anything about it).

I really want to do all I can to clear this up but don't know how I am able to prove I never purchased this item and, in fact, I have never had any dealings with Studio Mail Order.

Any advice most gratefully received!
Thanks

DCFC79 · 20 July 2017 at 9:09PM

sheilab76 wrote: »

I am at my wits end and would appreciate any help or advice. I discovered, completely by chance, a few weeks ago that there is a CCJ against me. On investigation, this is for an item I never purchased way back in 2012. from a company called Studio Mail Order.
There is a default against my credit rating and, after seeking advice, I have paid the outstanding amount that is owing (bringing my account back to zero).
My problem is this. I want to find out how this item was originally purchased and how it was done in my name. The mail order company repeatedly tell me they have no record of my details - or the transaction - on their files.
The CCJ was issued to me at an address I no longer live in (which is why I didn't know anything about it).

I really want to do all I can to clear this up but don't know how I am able to prove I never purchased this item and, in fact, I have never had any dealings with Studio Mail Order.

Any advice most gratefully received!
Thanks

So you paid a debt that wasnt yours, why if it wasnt yours or done fraudulantly ?

Have you tried sending a SAR letter ?

Nebulous2 · 21 July 2017 at 5:51AM

Have you reported the fraud to the police? Were you at the address on the date the item was delivered / sold?

You could have asked for the CCJ to be set-aside, but that would have cost you.

I can understand you were concerned,. but paying it was a mistake.

MEM62 · 21 July 2017 at 10:58AM

Whoever you sought advice from advised you poorly. You should not pay a debt that you do not believe to be yours and should have disputed it from the word go. By making payment it will be argued that you have accepted that the debt was yours and you are now in a disadvantaged position with respect to getting the default and CCJ removed to say the least.

You may end up stuck with both on your credit history.

sheilab76 · 21 July 2017 at 11:03AM

Thanks for the replies so far. I paid the debt because the CCJ has already been issued against me (this was done in April 2016).

Obviously, if I had seen it when it first issued i would have contested it. As it was sent to a previous address I never knew anything about it.
My question is how do I go about proving I never purchased this item if the mail order company says they have no record of any agreement?

bxboards · 21 July 2017 at 11:12AM

sheilab76 wrote: »

Thanks for the replies so far. I paid the debt because the CCJ has already been issued against me (this was done in April 2016). I need to get this taken off my credit history and the best way to do that is to clear the debt first and then go through the process of trying to prove I never purchased this item. My question is how can I do this if the mail order company says they have no record of any agreement?

That wasn't the 'best way' though.

You should have disputed the debt and the CCJ would have been set aside.

By paying the debt you did not owe, you are in a much worse position.

As the mail order company have no record of you, the set aside would have been very easy to obtain.

MEM62 · 21 July 2017 at 11:57AM

sheilab76 wrote: »

My question is how do I go about proving I never purchased this item if the mail order company says they have no record of any agreement?

I am not sure you are going to get anywhere. You have admitted the debt by paying it instead of arguing it. The mail order company say that have no record and, as the debt is settled, none of the parties involved have any incentive to investigate or assist you. As far as they are concerned the matter is closed and you are going to have a fight on your hands to get them to look at it differently. If you really want to fight it (which you should have done instead of settling) then you may need to speak with a lawyer. Some will give you a half hour consultation free of charge so take some advice from someone qualified to give it.

National_Debtline · 21 July 2017 at 12:12PM

Hi Sheila

I am afraid that the above posters have a point when they suggest resolving this could be more complicated now that you have paid the CCJ. Bringing the balance down to zero doesn't alter the fact that as things currently stand, that CCJ will remain visible on your credit report until April 2022 and continue to affect your chances of being approved for credit during that time.

It may prove impossible to ever get to the bottom of how any fraud happened or by whom it was carried out. What you should be aiming for at the very least is to prevent this having an adverse and unfair effect on your creditworthiness.

You can still seek a set aside but there are no guarantees.

https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx

Dennis
@natdebtline

fatbelly · 21 July 2017 at 1:50PM

sheilab76 wrote: »

Thanks for the replies so far. I paid the debt because the CCJ has already been issued against me (this was done in April 2016).

Obviously, if I had seen it when it first issued i would have contested it. As it was sent to a previous address I never knew anything about it.
My question is how do I go about proving I never purchased this item if the mail order company says they have no record of any agreement?

The ccj will stay on your credit report till 2022.

You should at least make sure it is marked satisfied

https://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/certificate-of-satisfaction-satisfied-vs-unsatisfied-ccjs

Identify fraud and CCJ

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