CCJ and recovery for an unpaid train ticket

Specialk78

Hi all; I am new to this site and need some advice.

I moved out of my previous address back in August 2012 and the other day just as I was about to leave for work I received a knock on the door from a doorstep collector.

He said he was there to collect on a CCJ for an unpaid ticket and I advised him I had no idea what he was talkign about. He gave me a letter and when I arrived in the office I called the number which is for a company called Collectica.

They told me that a CCJ has been obtained last year for an unpaid train ticket but I have not travelled by train to have incurred a fine. They also told me that I would now have to speak to the court directly as a CCJ has been obtained for £427.20!

Clearly; this was not me travelling. Also any paperwork to issue about a CCJ would have gone to my previous address.

I need to know w3hat I should be doing next as I believe the train company will have to provide proof that I was travelling to have incurred this fine. Do I make an application to have the CCJ set aside and then write to the train company to dispute the fine? If so on what ground to I make the application; that it was incorrectly served?

Thanks in advance for any help

Tixy

I would start by getting a copy of the judgement from the court that issued the CCJ.

Once you have that you'll be in a better position to work out the best way to dispute the debt. And after that can decide on whether to make an application to have the judgement set aside.

LeeSouthEast

Wow, that's harsh.

As Tixy says, your first step would be to obtain a copy of the judgement. Once you are armed with this information, we can point you where next from there.

You don't seem too worried but I'll say "don't worry" anyway. If it wasn't you, then this can all be resolved with no negative impact on you. It just may take a small amount of legwork! Ring the doorstep muppets back in the meantime and ensure that they have put any collection activity On Hold while you (and they, really) investigate the validity of whatever this is all about.

rizla_king

So did someone else incur a fine and decide to give your name and address?

Specialk78

Tixy wrote: »

I would start by getting a copy of the judgement from the court that issued the CCJ.

Once you have that you'll be in a better position to work out the best way to dispute the debt. And after that can decide on whether to make an application to have the judgement set aside.

Thanks guys. Do you know how I go about obtaining a copy of the CCH? Is it a case of asking Collectica for the relevant details and then contacting that court directly?

Specialk78

rizla_king wrote: »

So did someone else incur a fine and decide to give your name and address?

That is what I am assuming at this stage; if it wasn't me it has to be somebody else!?

Tixy

Did collectica not provide any details of the alleged CCJ (presumably they were definitely looking for you? did they provide your name and your previous address?)

I wouldn't contact them further at this stage? I'd start by obtaining a copy of your credit file to confirm the CCJ does exist. The details of the CCJ will be on there. Then contact the court for a copy of the judgement.

Specialk78

Tixy wrote: »

Did collectica not provide any details of the alleged CCJ (presumably they were definitely looking for you? did they provide your name and your previous address?)

I wouldn't contact them further at this stage? I'd start by obtaining a copy of your credit file to confirm the CCJ does exist. The details of the CCJ will be on there. Then contact the court for a copy of the judgement.

They didnt provide any info other than that it related to a CCJ and said I had to query that with the courts directly.

Specialk78

LeeSouthEast wrote: »

Wow, that's harsh.

As Tixy says, your first step would be to obtain a copy of the judgement. Once you are armed with this information, we can point you where next from there.

You don't seem too worried but I'll say "don't worry" anyway. If it wasn't you, then this can all be resolved with no negative impact on you. It just may take a small amount of legwork! Ring the doorstep muppets back in the meantime and ensure that they have put any collection activity On Hold while you (and they, really) investigate the validity of whatever this is all about.

Thanks. I am not worried as I didnt make the journey; so the burden of proof muist be on the train company and also the courts that I was travelling.

I intend to make a claim against the train company for damages when the matter is finally resolved and the facts of the dispute are out in the open.

Tixy

Specialk78 wrote: »

They didnt provide any info other than that it related to a CCJ and said I had to query that with the courts directly.

Did the letter you were handed have your full name on it?

This could easily be a case of being mis-traced to you but actually belonging to another person with the same name, so not necessarily someone providing your details falsely when caught without a train ticket.

Specialk78

Tixy wrote: »

Did the letter you were handed have your full name on it?

This could easily be a case of being mis-traced to you but actually belonging to another person with the same name, so not necessarily someone providing your details falsely when caught without a train ticket.

The plot thickens... so I cam home from work and rang Collectica to obtain some more information. It turns out that it is not a CCJ; but a Magistrates court order they have received. They gave me the court ref and also told me it was issued by Birmingham Magistrates Court.

I presume the next step is to contact the Magistrates Court and ask them for the claim details?