Incorrect CCJ

southernfamily

Two weeks ago I went to get a new car and struggled to get credit. This was despite previously paying off everything I owe and cancelling my credit cards. Seemed unusual but it was sorted eventually. I also decided to get a new credit card as I am travelling to America so wanted one without overseas usage charges. I was declined.


I thought it best to check Equifax to see what's going on and was amazed to find I had a CCJ registered against me in 2014. Tracked the court and spoke to them then to the company that had the CCJ registered and it appears they had a utility account opened in my name a few months after I moved from a rented property even though I had an account with them from my current property.


They have accepted this is totally there issue and are applying to have the judgement set aside but that will take several weeks to filter though to the credit agencies. This now means a family holiday in the USA without a credit card, always an issue with car hire etc. Considerable embarrassment when buying a car and applying for any credit.


My personal issues paled into insignificance compared to the problems it is now causing my company line of credit which are too numerous and sensitive to list.


Any advice on the best way to deal with this and thoughts on what compensation I should demand.

southernfamily

After forcing an email from them admitting the CCJ is incorrect and their fault. Apparently they registered an account in my name 11-12 months after I moved out. I have today received scans of the papers they have sent to court asking for the order to be "set aside".


This information has sorted my business issues for a period until the courts confirm it is sorted. I estimate the increased interest rate on the car I purchased will cost me over £1500.00 over the term of the finance. In addition to this I will have increased costs when travelling to the US next month and the general frustration, embarrassment and time this has cost me.


I have gone from being someone who had credit score in excess of 500 to having a credit score of just over 300. Credit scores are vital in this day and age I think a claim for compensation is justified as I am seriously out of pocket by their actions.

Marktheshark

They are liable in law for ANY and ALL losses this causes you above and beyond what would not have incurred had they not ***** up !

Quimoi

Marktheshark wrote: »

They are liable in law for ANY and ALL losses this causes you above and beyond what would not have incurred had they not ***** up !

*...if you can prove the increased cost of finance was solely down to the CCJ which is always going to be difficult.

I would politely write to them with a letter of formal complaint requesting compensation for their error and point out the effects you believe it has had on your finances.

If you aren't satisfied with their response then you can escalate the complaint to the ombudsman and/or issue proceedings against them. There is precedence for awards being made by the courts for damage to your credit file (see Durkin v. DSG Retail) but I'd leave that for a very last resort as it would not be quick or particularly easy.

southernfamily

Quimoi wrote: »

*...if you can prove the increased cost of finance was solely down to the CCJ which is always going to be difficult.

I would politely write to them with a letter of formal complaint requesting compensation for their error and point out the effects you believe it has had on your finances.

If you aren't satisfied with their response then you can escalate the complaint to the ombudsman and/or issue proceedings against them. There is precedence for awards being made by the courts for damage to your credit file (see Durkin v. DSG Retail) but I'd leave that for a very last resort as it would not be quick or particularly easy.

Thanks for the advice. Not sure the Durkin Vs DSG will have much bearing as this wasn't a credit agreement taken out. This was a utility company starting an account in my name at a property I had moved out of some 11-12 months prior then issuing bills, final demands, court threats, court summons and court order whilst I was paying my bills from the property I lived in to the SAME company. I have had a CCJ registered against me for the first ever time for the last nine months. Due to a change in circumstance I became totally debt free in December. This really takes the edge off of that.

BroodingSea

southernfamily wrote: »

Two weeks ago I went to get a new car and struggled to get credit. This was despite previously paying off everything I owe and cancelling my credit cards. Seemed unusual but it was sorted eventually. I also decided to get a new credit card as I am travelling to America so wanted one without overseas usage charges. I was declined.


I thought it best to check Equifax to see what's going on and was amazed to find I had a CCJ registered against me in 2014. Tracked the court and spoke to them then to the company that had the CCJ registered and it appears they had a utility account opened in my name a few months after I moved from a rented property even though I had an account with them from my current property.


They have accepted this is totally there issue and are applying to have the judgement set aside but that will take several weeks to filter though to the credit agencies. This now means a family holiday in the USA without a credit card, always an issue with car hire etc. Considerable embarrassment when buying a car and applying for any credit.


My personal issues paled into insignificance compared to the problems it is now causing my company line of credit which are too numerous and sensitive to list.


Any advice on the best way to deal with this and thoughts on what compensation I should demand.

I have had exactly this same thing today with a water company - all their fault and their legal team are removing the CCJ. I may try get compensation or sue them.

southernfamily

BroodingSea wrote: »

I have had exactly this same thing today with a water company - all their fault and their legal team are removing the CCJ. I may try get compensation or sue them.

Hmmmmm Water Company.

southernfamily

Spoke to Northampton CCBC this morning to ensure they had my current address so that any paperwork generated I will be copied into.


Was informed that a Warrant of Execution had been issued against the CCJ and I may get a visit from the Bailiffs up until the Set Aside order is completed.


Well South Eastern Water have really proven their incompetence with this one. The evidence is mounting and I will be looking for substantial compensation once this is resolved