Just found out about an erroneous CCJ

Blake007

Hi Money Savers,

Sorry if this is in the wrong place but I couldn't see where else it would fit.

On Friday I received a copy of a letter from Bradford county court informing Leeds county court that a judgment against me was being refered to them as I no longer resided in the Bradford district. I've never resided in Bradford.

This was the first time I'd heard anything about the CCJ or the debt it was refering to (which was to a catelogue retailer). I imediately contacted the debt collection company listed as the claiment who told me the debt was from 2005 regestered in my name but at an address I'd never heard of. Apparently a CCJ had been awarded against me in 2012 and it had now been refered for collection through balifs.

The debt collection company asked me to write to them with evidence of my new address and a statement saying where I resided in 2005 (I've been at my current address since 1998). I've sent this letter. They also said to contact the court which I've done but the court wouldn't do anyhting without the claiment saying that the case should be put on hold.

I called the debt collector again today and they said they had contacted the court but they were awaiting my letter before they could do anyhting more. Obviously I'm extreemly worried about balifs calling.

What makes this worse is that I've been paying off a debt through this debt collection agency for the last three or four years so they have all my details but I still didn't get any communication about this until now.

What should I do?

Your's in quite a state here.

Blake

Tixy

Did the letter give you a copy of the judgement?

If not have you obtained a copy of the judgement? Does the court judgement definitely relate to you (rather than a person with the same name as you).

Once you have the judgement if the debt is in your name and if this is not your debt then you would need to look in to applying to have the debt set aside.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

If bailiffs turn up in the meantime - do not let them in your property.

datlex

I would double check my credit report if I were you and check no other wrong information is on it. Can you prove where you lived in 2005?

spacey2012

They may be trying it on, they might have you marked down as a mug, no disrespect.
Start by sending prove it letters for all the debts.
If they ignore them you know they might be up to it.

Blake007

Thanks for your replys guys.

There was very little in the letter only one line saying the matter was being passed from Bradford to Leeds and a table at the top saying who the claimant and defendant are and the case number. I've definately not received a copy of the judgement but when I called the court they did confirm that it had been imposed in 2012.

I'm signing up to see my credit file today and I can prove where I lived in 2005.

I've looked at the national debtline information which is very helpful, thanks for that. If I incur costs due to this (such as £80 for applying for the judgement to be set asside) can I reclaim these from the debt collectors?

Would the statute of limitations apply as the debt was from 2005 and I've only just been contacted about it? (It's definately not my debt anyway).

Tixy

Would the statute of limitations apply as the debt was from 2005 and I've only just been contacted about it? (It's definately not my debt anyway).

If it is not your debt then definitely argue that rather than anything about it being statute barred.

In terms of whether it would have been statute barred, as court action has been taken there would need to have been 6years between the debtor's last payment/written acknowledgement and the date the creditor commenced court action. The date you have been contacted this month would not be relevant (even if it was your debt).

datlex

Tixy wrote: »

If it is not your debt then definitely argue that rather than anything about it being statute barred.

Totally agree with this, if it isn't yours then it is irrelevant whether it is statute barred or not.

spacey2012

Send the debt collector a Subject access request and £10 state they must not use any of the £10 for anything else, it is a contracted amount for this service only.

Blake007

Thnaks guys,

I'm just researching all posibilities.

I've checked my credit report and there are no CCJs listed on it so Experian obviously know it's not me. I'm going to be in touch with both the court and the debt collectors later to see what's going on.

Thanks

Tixy

I'm going to be in touch with both the court and the debt collectors later to see what's going on.

Sounds like a sensible way forward.
Just remember to take anything the debt collectors say with a huge pinch of salt. They just want the debt paid and don't care who they can persuade to pay it.