Incorrect CCJ means more expensive mortgage

abijanzo

Hi,

In Feb 2006 we sold our house and moved away from the local area due to work commitments. As part of the usual conveyancing procedure the estate agents fees were paid by our solicitor and we got a breakdown of costs and fees etc with the balance being transferred to our account.

Jump forward to summer 2008 and we are asked to be guarantors for the rent for a family member moving into rented accommodation.; We agreed to this and were subjected to a credit search. We were turned sdown as guarantors as we had a CCJ issued by Birmingham County Court in Nov 07. I've never set foot in Birmingham (altough it's a lovely place, I'm told) so was at a loss as to where this had originated.

After a LOT of phoning around, it eventually emerged that the estate agents had filed for the CCJ due to non-payment of their fees some 18+ months earlier. Luckily I had all of the associated documents proving my payment so assumed there was an error between the solicitor and the estate agents.

Now, 6 months later, having phoned estate agents, solicitors and various county courtrs it transpires that a summons was sent to a previous address which I haven't lived at for 2 years, a CCJ was awarded without any correspondence or knowledge from me, and the estate agents legal firm have moved offices and reoganised. Part of this reorganisation meant that records were somehow 'misplaced' or 'overlooked' resulting in my apparent non-payment!

The family member had an awful job of trying to gain some security of a guarantor (she's retired with ill health) and this caused unnecessary anxiety. We've (me and wife) have both been refused credit cards due to bad credit rating, and I've been penalised with regards to my mortgage (having just come out of my fixed rate period) because I am only eligible for high-interest / poor credit mortgage products, or carrying on with my current lender's SVR which is pretty high anyway. So far this has cost me a fortune in excess mortgage payments, a lack of credit, a lot of sleepless nights and a very anxious relative.

We're looking for some advice on whether or not we can get this CCJ removed without a trace of ever having existed (at no cost to ourselves) and possibly take legal action against the estate agents who have admitted the error was theirs.

Incidently, Experian did not show any record of a CCJ against us. A good few quid wasted there too!

Thanks for any advice,

Abijanzo

GeorgeUK

I would get in touch with nationaldebtline.
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

peb

Yes; theoretically it is possible. I can no longer remember texactly how it is done. I would suggest that you start with your local court and ask the procedure; make it clear that the agents acknowledge their error - you don't just want a Certificate of Satisfaction. As you can't telephone the courts now (phonelines close at 4) try googling HMCS - her majesty's court service.

Good luck

abijanzo

bump.
Thanks.