We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

CCJ served while I was abroad :-(

rajd
rajd Posts: 48 Forumite
Part of the Furniture 10 Posts Combo Breaker
Hi everyone,

I am working to repair my credit file :-s - its hard!

Awhile ago I had a Halfords store card, I had about £350 spent on it and then the lender went bust and sold the debt. The new guys wanted everything paid up in full but I was a student and couldnt afford it. We were working on a repayment plan and then they stopped replying to phonecalls and letters saying the account was on hold.

I called and wrote in to say that I was moving back home as university had finished and what the status was. I never heard back.

4 months later I then went abroad for 8 months and when I returned still had nothing from them.

4 months later a "Legal Firm" contacted me about repaying the debt. I knew this was my debt and they confirmed account numbers and we set up a payment plan through Lowells Portfolio I aka The Devil and I began paying it off. In August last year I made a final payment to clear the balance in full. They said that the debt was satisfied and that they would contact credit agencies to make the change.

I am now trying to rent a house and have to go through a referencing agency. They have told me that there is an active CCJ on my credit report and I will have to pay for a Guarantor - £50 - ontop of the £200 fees I have already paid in admin fees to the estate agents.

I have signed up to Experian to look at my report and there is a CCJ recorded against me. This was served while I was abroad and has my university address registered with it. It does however say that it is satisfied.

The referecing agency has got back to me and ask me to provide a certificate of satisfaction which will cost me £15 and may not now changed their recommendation to the estate agents. Despite my asking them whether they could only take the certificate or whether a scan of the settlement letter from Lowell would suffice. The scan was not enough and instead of giving me the time to get a certificate, have made their recommendation.

I have asked which credit agency they have used as Experian has the CCJ as settled and they have copy&pasted the extract from a my CallCredit report which shows the CCJ as active.

So, at this moment I have failed a credit check because of a CCJ that I knew nothing about, that was served to the wrong address, while I was not in the country and has been settled but is incorrectly stated by one credit agency.

I called CallCredit this morning and have been told that it is The Registry Trust's fault and to query the record, I have to buy the credit report they have and then write in to request an amendamnt which could take 28 days for them to reply to!!

Surely this breaches the Data rotection Act for accuracy of information?

Where in the world do I stand. The CCJ does not sound legal from what I have read and I should be able to set it aside. How do I approach a court about about it now it is paid? I know about N244 forms but that would cost another £80.

Can anyone at all please help.

Thank you for your time.
Raj

Comments

  • nottoolate
    nottoolate Posts: 1,359 Forumite
    you may have to pay the fee if you want to set it aside. can you prove you told the company you chaged address? if not then setting aside could be difficult.
  • rajd
    rajd Posts: 48 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks - I doubt I can prove it this far down the line, I still have a copy of the letter but no recorded delivery or proof of postage.
    Surely not being in the country is enough to prove I didn't get it and would explain the non-response?
  • How were the lender/collections people to know that you had moved?
    Can you prove that you advised them of your change of address?
  • nottoolate
    nottoolate Posts: 1,359 Forumite
    rajd wrote: »
    Thanks - I doubt I can prove it this far down the line, I still have a copy of the letter but no recorded delivery or proof of postage.

    you can try but i think you are on to a loser
    rajd wrote: »
    Surely not being in the country is enough to prove I didn't get it and would explain the non-response?


    you being out of the county is irrelevant. they are allowed to send the claim to the last known address for you and get judgement. that is all perfectly legal.


    it has to be their fault you didn't get the paperwork.


    here it is yours
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.4K Banking & Borrowing
  • 253.7K Reduce Debt & Boost Income
  • 454.4K Spending & Discounts
  • 245.5K Work, Benefits & Business
  • 601.3K Mortgages, Homes & Bills
  • 177.6K Life & Family
  • 259.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.