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CCJ I didn't even know about...

Boom2014
Boom2014 Posts: 1 Newbie
edited 6 December 2013 at 8:53PM in Credit file & ratings
Hi all,

I'm already a member on Mse but wanted to ask a private question so set a new account up.

Today I found out I have been a victim of identify theft, letters turned up in my name for a new phone contract from Vodafone and insurance from phones 4u without my knowledge. I followed the correct procedure all reported what I have found so far to action fraud etc etc

I checked my credit file today as I was advised to check by action fraud and found I have a unrelated ccj issued in 18/1/2008, I was a bit shocked to be honest, it from a previous employer (household name) who I had a scheme with that deducted load repayments from my wages, when I left the company I continued payment by standing order and all was good, only problem is that I changed address at the same time I left my employer so didn't receive any corispondsnce fro them.

I know the amount (£922) has been paid and can fully prove it, the ccj has been wrongfully sitting on my file for years (luckily I haven't had to rely on credit int he last 6 years) and as I don't have overdrafts, loads or anything I haven't even applied for credit so this is the first I have heard about it - I moved far away from the address it was filed to and no access to the post so had no idea.

My question is.. Should I rectify this, likely causing a lot of effort (already having to soft this fraud thing out) or as it's 6 years in 1 month just let it drop off my file and forget about it?

If I do leave it will it likely cause me any problems getting mortgage or credit in the future as technically it's won't be on my credit file?

Thanks in advance - sorry for grammar, on ipad

S

Comments

  • Buzby
    Buzby Posts: 8,275 Forumite
    No - the damage has been done and will shortly become invisible. The time for seeking removal is long gone, and I honestly doubt any court would entertain an action at this late stage.
  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    Buzby wrote: »
    No - the damage has been done and will shortly become invisible. The time for seeking removal is long gone, and I honestly doubt any court would entertain an action at this late stage.
    Although you say quite rightly that it will soon become invisible. The time to seek removal is as soon as you find out. I think a court might well entertain a set aside if it is justified.
    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'
  • ALIBOBSY
    ALIBOBSY Posts: 4,527 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Yes it probably could be set aside especially if the OP can prove the orginal court papers were served to his old address after he had moved, of course if he didn't notify the lender he had moved they could argue against the removal. TBH this will cost time and money for something that tbh will drop off in 1 month.

    Is the CCJ marked as satisfied? Or do you have WRITTEN confirmation from the company concerned that it has been paid in full.

    It is legally possible for a company to apply for a CCJ to be reinstated after 6 years if there is still outstanding money, but a judge would look pretty unfavorably at a company that applied for a CCJ and didn't try to enforce it within the 6 years.

    If the date of the CCJ was whilst you were on an arrangement and making payments, BUT still had some outstanding balance some companies and debt collectors were known to breach OFT and debt collection guidence by applying for CCJ's even though an arrangement was in place and being paid. If you are sure this has been paid in full and have the proof, then I would just let it slide off the credit file in a months time, but I would hold the proof of payment in case its ever challenged.

    TBH although they can apply to "renew" the CCJ it pretty much never happens and if you finished paying it after the date it was placed, it may just be they forgot to update the status to satisfied-unless the borrower chases this up they often don't bother.

    Ali x
    "Overthinking every little thing
    Acknowledge the bell you cant unring"

  • Quentin
    Quentin Posts: 40,405 Forumite
    ValHaller wrote: »
    I think a court might well entertain a set aside if it is justified.

    Paying now for a set aside hearing when it "dies" next month anyway isn't very moneysaving!

    Were the application a success, the ccj will be removed already by the time the set aside hearing takes place!
  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    Quentin wrote: »
    Paying now for a set aside hearing when it "dies" next month anyway isn't very moneysaving!

    Were the application a success, the ccj will be removed already by the time the set aside hearing takes place!
    There is of course the possibility of a question 'have you ever had a CCJ?'.It might not be on the CRA records, but the register may still be open beyond 6 years.
    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'
  • Quentin
    Quentin Posts: 40,405 Forumite
    ValHaller wrote: »
    There is of course the possibility of a question 'have you ever had a CCJ?'.It might not be on the CRA records, but the register may still be open beyond 6 years.

    No, the entry is definitely removed from the Register after 6 years, irrespective of whether or not it has been paid.
  • Mishomeister
    Mishomeister Posts: 1,081 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    I am not familiar with County Courts and in fact don't really understand how they work. Therefore I have a question hence there is a word 'court' involved if this would also be on OP's criminal record?
  • Quentin
    Quentin Posts: 40,405 Forumite
    No.

    County Courts deal with civil cases
  • Vodafone
    Vodafone Posts: 4,297 Organisation Representative
    Boom2014 wrote: »
    Hi all,

    I'm already a member on Mse but wanted to ask a private question so set a new account up.

    Today I found out I have been a victim of identify theft, letters turned up in my name for a new phone contract from Vodafone and insurance from phones 4u without my knowledge. I followed the correct procedure all reported what I have found so far to action fraud etc etc

    Thanks in advance - sorry for grammar, on ipad

    S

    Hi Boom2014,

    Thanks for making me aware of this.

    To enable me to help you further with the Vodafone side of things, could you email me with your details via the link in our profile here?

    All you need to do is copy and paste the link into your web browser and it'll take you to the Contact us form on our website. To make sure it reaches me could you also quote the code WRT135 - MSE in the subject line?

    Once sent you'll receive an automated reply with a reference number. So I can make sure I've got it could you update the thread with this and I'll get back to you as soon as possible?

    Kind regards,

    Lee

    Web Relations

    Vodafone UK
    Official Company Representative
    I am the official company representative of Vodafone. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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