mysterious CCJ on file, declined mortgage, sad :(

RAS

funky

Do as DVS suggest. If you can get the CCJ set aside, then you can get it off your credit record and can settle the debt outside the system, if you want.

That way you can clean up your credit record and sort out your mortgage.

Might be worth the effort?

Speak to NDL and go over to the consumeradviceforum for help setting aside. NDL have a good basic factsheet as well.

holly_hobby

If raised as a dispute with the CRAs they will put a notice against it, which all viewers must take account of when considering the information as part of a finance application i.e they will probably ask you why there is a notice of challenge against the CCJ.

Proving dates you were not at the property, well I presume you registered with general utilities when you moved into your new residence, which would go some way to giving an indication as to your date of vacation.

A CCJ is not simply removed by CRAs on an informed challenge (as suggested by another poster), but may only be done so by the direction of the OC, whom applied for the Judgement to be made in the first place.

Once you have the judgement set aside by the Court , ensure you have all relevant docs form the court documenting the "set aside", as if the CRAs are not advised to remove the judgement by the OCs, you will be requested to support your assertion to any future finance provider, that the CCJ has indeed already been set aside.

I would gather evidence of dates, and then write a robust letter of complaint to the provider, repeating their own admission that they know they debt in question (and the subject of the CCJ) was not actually your debt at all, but that of a subsequent 3rd party.

I would also state the resolultion you want, i.e the CCJ removed from your CRA with ALL agencies, and they bearing the cost of having the inappropriate judgement duly set aside by the court.

You could instead submit a SAR - but they have 40 days to reply with docs, which only serves to extend the delay in sorting the matter out. I would therefore suggest submitting a SAR (with £10 payment) at the same time as your complaint. (they may not charge you the £10 max fee, but if you don't enclose it I bet you they reply stating they are unable to process your request until you have submitted the max statutory payment of £10. So to take this time wasting tactic away form them, and to keep the timeline as tight as possible on this, ensure your enclose a crossed postal order/cheque for the stated sum).

Hopefully a stern letter of complaint, with dates and evidence of your claims, should see this right.

Hope this helps

Holly

funkyorange

Brilliant thanks for your help and thanks to everyone else on this forum you have all been a great help. I don't know what I would have done without this, its a great community

Holly - Good idea I will write a letter of complaint and SAR request, its worth a try.

DVS - I will also look to persueing to get it set aside if this fails.

RAS - I will ring the NDL tomorrow and see if what they say also.

I will update everyone once I have any more information to report. I will peruse this matter in as many ways possible as otherwise I will stand to loose allot of money on higher interest rates for being a sub-primer.

holly_hobby

Good stuff - if the debt isn't yours I really wouldn't let the CCJ rest, and I am sure once you are able to evidence the error (and don't back down) you will have this resolved.

I wish you well .... and you know where we are, whenever you need us again x

Holly

PS - send EVERYTHING BY RECORDED MAIL

nobblyned

funkyorange wrote: »

I will have a look thanks for your help. However the money was not owed by me and I can't settle it.

As they claim I failed to tell them I was moving the existing occupants ran up the bill and they paid it.

How do I go a bouts doing a subject request?

So they won't let you settle because the money isn't owed by you? But they pursued you for the CCJ?

I don't understand why they would pursue someone for a debt that they won't let them settle?

Something doesn't make sense at the Yorkshire Water end of the equation, sounds like they have made an error here somewhere, either they believe you are liable or they don't.... they can't have it both ways.