Frivalous CCJ claim.

Theprincipleofit

Hi, this is my first post here and I have come across this site when looking for advice.

I will try and stuck to the basics and important parts of my problem in order to be clear and get the best responses.

I have recently been looking to get a new family home with my partner of 3 years. We have a new baby together and we are in a good fianancial position work wise to get a mortgage. But this is where I have stumbled upon a problem.

In 2007-2008 I rented an apartment through a letting agency that was run by someone who knows the family because another family member used to work for them so I chose them to find me a property as I trusted them because of the connection. He was not the owner of this company just a manager.

I rented the property and paid all my rent on time. I ran into many problems throughout my time at the property to do with maintainance :IE Leaks, broken integrated appliances such as washer /dryer combo, broken freezer compartment on fridge, faulty spotlights in the entrance hallway and living area leaving me unable to see. I had to result in staying with friends sometimes and eating out and doing my washing elsewhere. This lead to me leaving the property one month early but because I had paid a deposit of £650 up front at the start of the agreement this meant the last month was covered but in fact left them oweing me £75, but in my wish to leave the experience behind and move on I just left it at that and moved into another property with my dad while i found a new place of my own where I could settle instead of just renting and going through that experience again.

Now my mum worked for this manager of the rental company for a brief period while i was in my rental agreement but then left due to not agreeing with his policies and way he conducted business.

We was both just glad to be away from this man who we had previously placed trust in.

Anyway I recently checked my credit file in order to make sure everything is ok before applying for the mortgage because I have heard of stupid false entries affecting mortgage applications and I didnt want to waste any money on mortgage fees or surveys before 100% sure. When checking my file it is completly clean as i hoped but to my suprise I have come across a CCJ from 2009! It didnt say who from so I obviously checked the register of judgements. It turns out it was from this man who was in charge of the rental company! Not in the companys name or address but his own name and address! For " rental arrears of £3000! Now I can only put this down to a personal vendetta against me or my mum and the only way he could try and do anything in way of getti at us was to apply for a ccj because I was the only connection because I did have a rental agreement. Now The address it was sent to was my mums address which i was not living at and was obviously the only address he had to put on an application so I didnt have any chance of defending my case in the allocated time which I would have strongly defended at the time. Its only 4 years later that I have found out!

This man has since parted company with the rental company I signed an agreement with and he has also since 2009 been the director of 8 companies and also closed those companys after short periods so this gies an idea of this mans business practices!

My question is this. Can this man apply for a ccj in his own name and address even though i signed an agreement with a letting company not this individual?

I will obviously be defending this case now strongly through a judgement set aside and meaning me have to pay £80 to do so but i just wanted advise before i do so. I have no doubt the judge will set the judgement aside but i dont want to waste my money having it set aside if this man will try again to apply for another ccj for this frivalous claim. Can he then try and claim again in the ex companies name even though he does not work there or now he has applied once in his own name can he not apply again? I just dont want the hassle of having to keep defending the case for such a frivalous and silly act that this man is doing. I certainly dont have the money or time to keep attending hearing or paying for set asides

If there is a hearing then I suppose there will be no doubt that i will get it looked at clearly in my favour because this man probably wont turn up anyway due to the lieing nature of his act. I think he has only done this because it was easy for him to do online on the court application website and £80 fees were nothing to him to mark me with bad credit and ruin my otherwise great credit rating. He knew i wouldnt be able to defend myself because i wasnt at the address it was sent to but was known at that address previously so he could do it!

I hope this is clear as possible. I have been writing it from my phone and not the easiest way write out a post on a forum.

Thanks.

Theprincipleofit

matttye

Did your mum not let you know about the court paperwork when it arrived then?

Theprincipleofit

No I did not recieve anyhing like that. It was only from time to time i picked up any mail that was sent there but because i hadnt been living there for years it was mainly junk mail and nothing of importance. All my bank stuff, driving licence or anything of importance went to my new address so would t have ever needed to tell her or expect her to look for anything important.

ValHaller

matttye wrote: »

Did your mum not let you know about the court paperwork when it arrived then?

I suspect the judgement was obtained against OP at another address - presumably the rental address, giving the claimant a good opportunity to intercept all of the paperwork. In OP's position, I would want to see the court paperwork to establish whether this did in fact happen and the claimant filled out anything in the OP's name - because it opens the possibility of referring the matter to the police.

matttye

ValHaller wrote: »

I suspect the judgement was obtained against OP at another address - presumably the rental address, giving the claimant a good opportunity to intercept all of the paperwork. In OP's position, I would want to see the court paperwork to establish whether this did in fact happen and the claimant filled out anything in the OP's name - because it opens the possibility of referring the matter to the police.

He said the CCJ was obtained against him at his mother's address - an address he previously lived at.

I was just thinking that the judge will probably want to know why the case wasn't defended at the time.

Theprincipleofit

It was obtained at my mums address but I havnt ever had any paperwork nor did I live there, i have bank driving licence etc proof that I was at another address so the judge can see this evidence.

Can an individual apply for money even if i have never had any agreement with them and claiming money for a company under their own name. Surely this is not legal and will be seen by judge to be just another shovel of cement in my case? the claimant obviously hasnt thought the frivalous claim through? Even if the claimant tries to make up fake documents to support his case, (if he even bothers again) then surely the fact he has done it in his own name and address for his own gain will surely be the deciding factor in the case?