Unknown CCJ on credit file and issued to incorrect address

jack9090

Hello all - am new to this but thought I would share my current issues with credit profiling...


I just found out that a CCJ was issued against my name at an address that I have never lived at nor do I have any financial connection with. I did a search of my name with Registry Trust Ltd and found a CCJ against my name at an address at 101 xxx, dated 7th Nov 2013 but I live at 104. I note from my credit file that my bank made an error some 9 months ago and had me linked to the 101 address, instead of 104. The CCJ has now been served by default - I do not know as yet who the claimant is. Can I at least challenge it or appeal it - is this possible? Will a challenge through N244 Notice be credible on the basis on incorrect address alone? The claimant has obviously linked me incorrectly to a wrong address. My fear is identity fraud at this stage as I have not taken out any loans or anything that involves credit so I have no outstanding debt owed. Any help would be much appreciated. The issue becomes all the more serious as my mortgage application is currently with the underwriters and they flagged that there was an issue at the 101 address. Will now be declined I assume. This is really distressing and upsetting but is there any way I can get this set aside to at least give me time to investigate and defend my name?

Thanks everyone

ValHaller

Your chances of a set aside with the court should be pretty good as you have never lived at the address in question. This sets the clock back to the point before the complainant took the matter to court. They are free to have another go.

You need to get details of the judgement from the court and take it from there.

jack9090

Thanks ValHaller - I'm hoping to at least get my mortgage application through but the current ccj on the register does not help. I'm assuming the issuing of the court papers to the incorrect address ( by that I meant the one that I never lived at) would mean the summons was issued illegally and therefore should be void and struck off the register?

ValHaller

Take advice on the Mortgages and Endowment forum on this point - I think you might as well tell the lender now - with your explanation - and take the consequences. At worst they could find this CCJ after you exchange contracts, which will do you a fair amount of damage, worse than losing the purchase right now.

The fact that court papers were issued to the wrong address does not make the CCJ illegal and of itself is not sufficient to get the judgement struck off. It seems there never was a summons - if papers were sent to the wrong address, obviously you could not enter a defence and judgement would have been given against you by default without a hearing to summons you to. You need to find out what the judgement was all about and then go through the set aside process

jack9090

There are so many judgments now issued through online systems where anybody and every tom, dock and Harry can issue a debt to any Mary, sue, Ellen-John. The biggest issue now is controlling the hard up lawyer desperate for a fee. In my case, a ccj was issued in haste and assumed to be non contested - I do believe it's a classic case of identity fraud . I will endeavour to keep all posted on this one.