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CCJ for unknown person at my address

Not sure if this is in the right forum so please move if neccessary.

In short, a few months ago I received an invoice addressed to an individual at my address. It was for some domestic work carried out.

I have never heard of the person to whom the letter was addressed and likewise the person has never lived at my address (first owners). At this stage, thinking I was being helpful I called the company to let them know the person did not live here and was informed their records would be amended. They weren't as at regular intervals I have been sent further letters and the court is now involved. All further letters were returned, marked accordingly.

Not wanting a bailiffs visit I rang the company recently to explain my annoyance and was assured this would be the end of the matter. As you can guess, it wasn't and last week I received another letter for this person from the court.

When calling I have never given my details as I have no confidence in them to not simply try and switch the debt into my name. Similarly I'm concerned there may be a credit blacklist against my address as a result. I plan to call again tomorrow and state that if the letters do not stop I will be taking them to the small claims court for time and money spent sorting the matter out and demanding written confirmation :o

Grateful if anyone can advise on any other course of action.

Thanks
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Comments

  • bryanb
    bryanb Posts: 5,029 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 10 March 2013 at 8:12PM
    Ignore it?

    Call the court and complain?

    Return everything marked "Not known at this address"?
    This is an open forum, anyone can post and I just did !
  • gb12345
    gb12345 Posts: 3,055 Forumite
    fox55 wrote: »
    Not wanting a bailiffs visit I rang the company recently to explain my annoyance and was assured this would be the end of the matter. As you can guess, it wasn't and last week I received another letter for this person from the court.

    When calling I have never given my details as I have no confidence in them to not simply try and switch the debt into my name. Similarly I'm concerned there may be a credit blacklist against my address as a result. I plan to call again tomorrow and state that if the letters do not stop I will be taking them to the small claims court for time and money spent sorting the matter out and demanding written confirmation

    First off, there is no such thing as credit blacklists against properties. Credit histories belong to individuals and not the houses . Any default/CCJ that is held against this individual will not appear on your credit history.

    The company/court are not just going to take your word for the fact that this person does not live at the address. You have to see it from their point of view - someone appears to have given your address and now you are saying that they don't live there. Unfortunately denying they live at an address is what a lot of people do to avoid paying their debts.

    The best thing to do would be to contact the court and explain the situation to them and ask them what evidence they need to prove that the named person has not lived at the address.

    What is strange though is that it is for domestic work - you would think that the company would know where they carried the work out, so it might just be an incorrectly recorded address on their system.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    CCJ = County Court Judgement.

    Has a court case taken place then?

    As you have received a letter from the court, I would consider it prudent to make the court aware that there is no-one at your address with that name.

    And btw, addresses do not get poor credit ratings, only people do.
  • fox55
    fox55 Posts: 4 Newbie
    Thanks for the replies and yes I can see that's a well versed excuse for those that do owe. I have the exact same thoughts regarding not knowing where they have carried out work. Reassuring news about the credit history nonetheless.

    I'll contact the court tomorrow and find out what I need to do re proving the person has never lived here.
  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    fox55 wrote: »
    When calling I have never given my details as I have no confidence in them to not simply try and switch the debt into my name.
    OK, do the court papers bear the stamp of the court? If they don't, they are a shady by legit intimidation tactic. If they do bear the stamp of the court, do at least take a copy. You can then write to the court, copy to the plaintiff telling them that the person does not reside at your address and that you have never had dealings with the person named. And you can use your own name, because the claimant will find it more difficult to reissue the papers.
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • fox55
    fox55 Posts: 4 Newbie
    Okay, thanks.

    Yes there is a claim number, court address and court stamp on the latest correspondence.
  • pka_2
    pka_2 Posts: 158 Forumite
    I thought it was illegal to open someone elses mail? just write return to sender, not known at this address on all further mail and pop it back in the post box.
  • plantpot87
    plantpot87 Posts: 509 Forumite
    Part of the Furniture 100 Posts
    I am glad you posted this, we are going through something similar.

    We are recieving letters from provident credit for someone who doesn't live here. They didn't live before either as I knew the old lady and her family that we bought the house off of.

    We have had about 6 letters and a collector from provident for this person and each time we tell them they don't live here they keep saying we'll sort it you'll get no more letters, but they keep comming. Whats more puzzling for us is that some money was collected but god knows where from seeing as we held the door keys for the house (the first thing we did was change the locks after completion).

    Keep us updated If you get it sorted, I would like to know how you did it. Good luck I know how it feels like banging a head against a brick wall.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I believe if the address of a defendant is unknown then the papers only have to be served at the last known address. I would hazard a guess the company are trying to obtain judgement by default knowing the defendant will not receive the papers and will therefore not try to defend/dispute it.

    Have a copy of your tenancy agreement or some kind of ID ready if they do instruct bailiffs. Then tell them the person doesn't live there and ask them to leave. Okay, showing them ID isn't necessarily required from you, but could save a lot of hassle at the door.
  • gb12345
    gb12345 Posts: 3,055 Forumite
    pka wrote: »
    I thought it was illegal to open someone elses mail? just write return to sender, not known at this address on all further mail and pop it back in the post box.

    Not necessarily
    A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.

    Source: http://www.legislation.gov.uk/ukpga/2000/26/section/84
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