What The Hell?!!! Insane Ccj

justsayyes

I opened my post this morning and to my shock received a CCJ Judgement for £250!! I immediately phoned the court (Northampton) and told them that

1. I have no idea what the CCJ is for

and

2. I never received a Court Summons or any other documentation to suggest I was in debt

The woman at the courthouse said that the Judgement is for a mail order catalogue company being represented by a solicitors firm called Weightmans. Allegedly Weightmans posted me a Court Summons but the Court Summons got returned to the courthouse by the post office as "Addressee Gone Away". No idea why it'd have been returned. The woman at the courthouse said that Weightmans then filed Judgement in default because I had not responded to the Summons. But she has confirmed I could not possibly have received a Summons to respond to since it was returned unopened to the court as undeliverable. She suggested I call Weightmans, which I did.

The man there said it was a debt for a mail order catalogue account they believe to be mine. I asked them why they believed it to be mine and they said because the person with the mail order catalogue has the same name as me. I've never ordered from or had an account with any such catalogue. They were unable to confirm what date of birth (if any) they have for this person. I asked them to provide me with a signed copy of a credit agreement proving I ever opened such account and they said they were unable to do that and that they do not need to do it. They advised that unless I cough up £250, they'll be round to take my personal belongings away and sell them.

!!!!!!???????????

What on earth can I do? The date of the Judgement is 10th October 2008. I just checked and it is showing on my credit reports!!

RAS

Hi

Start by having a read of this

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

RAS

And then send them this letter, registered post witha £1 postal order and write your name do not sign it.

Original CCA request letter courtesy george
Quote:
Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

I do not acknowledge any debt to your company.

With reference to the above, we would be grateful if you would send us a copy of this credit agreement, statement of account and notice of assignment.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully

justsayyes

Thanks for that helpful information!

This is the only adverse on my entire credit file and I had been tempted to pay it even though I don't owe it just to protect my credit worthiness. If I follow the path you've advised, can this CCJ actually be removed from my credit report?

RAS

Yes once the CCJ is sorted out. If they refuse you go to the OFT and the Financial Ombudsman and the Information Commisioner.

Come back when you need to.

GeorgeUK

As you have received the CCJ, you should ask for it to be set aside as per RAS' link to nationaldebtline. You have approx 14 days to fill in and return the N244 form so i suggest you do that as quickly as possible - the nationaldebtline will be able to advise on filling in the form, and if you are looking for what others may have put, you can search this forum for N244 or the consumeractiongroup forum - another good source of info.