CCJ but wrong identity, need urgent advice

royroy1

My other half has just had a court judgement against her but it isn't her and we do not know what to do, we are very worried about it and need help.

It relates to a company called 1st Credit who claimed she owed a debt relating to a credit card from another company called Opus. The debt does NOT belong to her and she told them this repeatedly. On checking the credit file the Opus debt is indeed listed but although it's showing her forename and surname, the middle name is different and the date of birth is different (I'm guessing that, either it's a case of identity fraud, or the company made an error chasing the debt by finding the wrong person due to the similar name).

1st Credit took court action and despite my wife sending back the forms stating that the debt did not belong to her and a scan of her ID to prove this, the hearing went ahead and judgement has been awarded. It is for over £7000

We are absolutely stunned that this could happen. How can it even be possible for a company to take someone to court who does not owe a debt? and how can a judge award the claim in such circumstances? Having searched online it seems that judgements are awarded by default if you don't attend the hearing, but as this debt is not hers and she explained this then she should not have had to attend. It was never made clear any of this.

1st credit have never provided any evidence of the debt ownership. They have repeatedly sent big bundles of credit card statements and copies of T&C's (which was their court evidence), but never have they been able to show any actual evidence in the form of a signed credit agreement or copy of ID used to open the debt, nor have they been willing to declare the full debtors name (including the middle name).

We cannot afford solicitors, we are struggling badly at the present time, but we shouldn't need to, it is so frustrating that this has been allowed to happen.

What can we do? I have read that you can apply to have a judgement set aside, but you have to pay £155 to do so, which we cannot afford at present, but we don't really understand the process as nothing we've read online has been very clear.

This is really worrying and we need advice on what to do. Any info or advice would be greatly appreciated.

rizla_king

Sorry but she should have attended the hearing. If you don't then you lose. No matter what the case is. Judges take a dim view of people who don't bother turning up.

sourcrates

Hi,
Oh dear, I assume she would have had the court papers in the post, unfortunately it appears she has ignored them, when in fact she should of responded to the court with the information that the debt is not hers, that would of constituted a full defence.
Because she did not do any of this is the reason you are now in this position.
If you get court papers its imperative you respond to them within the quoted timescales.
Best advice would be to ring the court 1st thing Monday morning and explain the situation to them, they may be able to advise your next move.

glentoran99

sourcrates wrote: »

Hi,
Oh dear, I assume she would have had the court papers in the post, unfortunately it appears she has ignored them, when in fact she should of responded to the court with the information that the debt is not hers, that would of constituted a full defence.
Because she did not do any of this is the reason you are now in this position.
If you get court papers its imperative you respond to them within the quoted timescales.
Best advice would be to ring the court 1st thing Monday morning and explain the situation to them, they may be able to advise your next move.

she did get the papers and respond

1st Credit took court action and despite my wife sending back the forms stating
that the debt did not belong to her and a scan of her ID to prove this, the
hearing went ahead and judgement has been awarded. It is for over £7000

sourcrates

glentoran99 wrote: »

she did get the papers and respond

I assume she sent them back to 1st crudit, instead of to the court, otherwise judgement would not have been made.


That is how I interpret it, if I'm wrong OP then I apologise.

royroy1

She did respond to the court forms, they were sent back stating that she had no knowledge of the debt, stating the credit reference listing with a difference in name and D.O.B. and she attached a scan of her driving licence to prove she was not the debtor.

The main reason for not attending the hearing was that as it was not her that was the debtor, we believed (perhaps wrongly) that common sense would prevail and the court would not proceed with the case. We were never given any further communication, not told that the hearing was still proceeding and not told that it was compulsory to attend. The debt is not hers so she should not have had to attend, that was our belief.

rizla_king

sourcrates wrote: »

I assume she sent them back to 1st crudit, instead of to the court, otherwise judgement would not have been made.

It can be made.

Court rules state that the court can

(c) if a defendant does not attend, it may strike out his defence or counterclaim (or both).

rizla_king

If you are defending a claim you must turn up. Even if the defence is that the debt isn't yours.

sourcrates

royroy1 wrote: »

She did respond to the court forms, they were sent back stating that she had no knowledge of the debt, stating the credit reference listing with a difference in name and D.O.B. and she attached a scan of her driving licence to prove she was not the debtor.

The main reason for not attending the hearing was that as it was not her that was the debtor, we believed (perhaps wrongly) that common sense would prevail and the court would not proceed with the case. We were never given any further communication, not told that the hearing was still proceeding and not told that it was compulsory to attend. The debt is not hers so she should not have had to attend, that was our belief.

Right, ok, thanks for clearing that up.


My previous advice still applies, give them a ring Monday, or for all things legal, you could try this forum :


http://www.legalbeagles.info/forums/forum.php


they are more up on all things legal.

rizla_king

You may be able to get a set aside, but could stumble on this point as you did not have a good reason for not attending.

(3) Where a party does not attend and the court gives judgment or makes an order against him, the party who failed to attend may apply for the judgment or order to be set aside(GL).

(4) An application under paragraph (2) or paragraph (3) must be supported by evidence.

(5) Where an application is made under paragraph (2) or (3) by a party who failed to attend the trial, the court may grant the application only if the applicant –

(a) acted promptly when he found out that the court had exercised its power to strike out(GL) or to enter judgment or make an order against him;

(b) had a good reason for not attending the trial; and

(c) has a reasonable prospect of success at the trial.

glentoran99

Surely if a judgement has been granted its been granted against this "other person" different middle name and different date of birth? how can a judgement be granted against a person who it seems isnt named on the debt?