Setting aside a CCJ because its not mine

CCJNightmare

Hi everyone

I wonder if anybody can help me solve my CCJ issue as its really affected my credit score and I am looking at buying a house within next 2 years!

Basically, me and my dad lived in a flat together for 4 years - I was 18 when we moved in so both on tenancy. The deal was that he'd be paying for bills. He never paid any of these bills however, and he is now in debt of £14,000 with 6 CCJs such as council tax. One of the bills he never paid was with E-On electricity company. They sent letters to 'the tenant' but I always just gave them to my dad. Anyway one day a man came over to enquire about whether he could read our gas meter. I did not know where exactly he was from, as at the time I was only 19 so pretty clueless about things. We had a pleasant conversation and he asked my name so I told him my name. Then letters began to arrive in my name - but spelled really badly - Kate instead of Caitlin! so I just kept on passing them to my dad. I kept saying to him that he needs to have it in his name but due to the fact that I was naive/my name was wrong I had no idea it could affect my credit. I believe I called E-on up at one point to transfer it to his name and they said he would have to ring up which he never did. Then last October we came to move out so I rang them and gave our forwarding address. Then we had 2 bailiffs coming to our new address for me, and I called the bailiff to try and explain that it was my dads debt. He told me that now It couldnt be changed because it was already going through Courts. Shortly after this when my dad received a sum of money for his 60th I asked him to pay the debt off. He ended up paying the debt off online which was like £700 original fee and an extra £1,700 just for bailiff charges, sigh. But I thought the problem had gone only to find I have a CCJ lodged March 2016.

I really don't understand how they can put it in my name, when all this started with a man asking me what my name is. :eek:

Anyway, I really want to apply to get this CCJ 'set aside'. It costs £300 and even then its not guaranteed that they will let you set it aside! Does anybody have any experience of this process? I'm wondering if my case will be likely to win? My dad would obviously give a written/oral statetement that he was the one with full responsibility for the debt and they could look at his terrible credit history to see what hes like!

I just feel like at the ripe old age of 23 my credit is already in the gutter from debts that aren't even mine to begin with

sourcrates

Hi,

The cost for a set aside is £255,00.

However if your on a low income, you may be able to get help with the fee.

At this stage, you are the defendant, and your grounds for
setting aside the judgement are that you have no indebtedness to the
company and that you are indeed the wrong defendant and that papers were not sent to you.

That should be reason enough for a court to grant your request.

You need to also apply (or ask at the hearing) for an order that E-on
immediately instruct the credit reference agencies to delete all reference to
this county court judgement from the record.

I would also ask the court to award expenses and costs against E-on because this has come about because of their sheer incompetence.

CIS

He never paid any of these bills however, and he is now in debt of £14,000 with 6 CCJs such as council tax.

For reference - Council Tax wouldn't be one of the CCJ's as they're not used for Council Tax purposes.

Craig

CCJNightmare

Thank you so much sourcrates for your response, I was beginning to give up hope but now feel a renewed sense of purpose!! I have downloaded the N244 form and determined I won't get any help with fee's - will just have to bite the bullet and pay the fee as its worth it to me. The only thing I am wondering is where on earth do I send this form? just rock up to my local civil court I guess?

Do you think if I explain on the paperwork more or less the same way I have explained here will be sufficient detail? Wondering if I need to try and add some legalese into it.

MrsTinks

You may not qualify for help with the fees, but you can apply to have expenses awarded to you as sourcrates stated based on this not being your debt and so shouldn't be your burden. Yes you will need to pay upfront.

I would probably try to keep it simple and concise on any form. Avoid complicated lingo, there really isn't a need for it. Good simple English goes a long way.

sourcrates

CCJNightmare wrote: »

The only thing I am wondering is where on earth do I send this form? just rock up to my local civil court I guess?

Send it to the court that made the original judgement.

I would assume it would be Northampton bulk center ?

If not search online.

Just a brief explanation on the N244 will suffice, (as in my original post) save your full explanation for the hearing.
Courts expect the "condensed version" as a pose to a full in depth essay, just stick to the facts.

CCJNightmare

Great! Thanks everyone for helpful replies! This will be my new project!

Oh and CIS - sorry my mistake. I lose track of my dads debts honestly, when the doorbell goes everybody in my house panics thinking its a bailiff! LOL

CIS

CCJNightmare wrote: »

Great! Thanks everyone for helpful replies! This will be my new project!

Oh and CIS - sorry my mistake. I lose track of my dads debts honestly, when the doorbell goes everybody in my house panics thinking its a bailiff! LOL

No problem - easily mixed-up. The reason I usually mention it is I've just helped someone who was trying to go through the CCJ route to dispute a council tax liability order until I pointed out it wasn't actually a CCJ.

fatbelly

Can I just clarify that you are asking for the ccj to be set aside because the bill was already paid off at the time the court claim started? And the claim was sent to an address where you did not live?

That stands a chance as explained here:

https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx

What probably won't work is saying that it was your dad's debt, not yours. You were a joint tenant, over 18 and lived at the property during the supply period in question. That makes you liable:

https://www.citizensadvice.org.uk/consumer/energy/energy-supply/problems-with-your-energy-bill/find-out-if-youre-responsible-for-paying-an-energy-bill/

I admit to being confused about your story as the ccj was granted March 2016 yet it sounds as if there were bailiffs and bailiff charges (£1700 isn't possible on £700 I think so something very odd there) before this, yet they could only have instructed bailiffs after a court judgement.

CCJNightmare

No, the bill was paid off shortly after the CCJ, I am asking for the CCJ to be set aside/moved to my fathers credit score because the bill was not my responsibility to pay, they were writing to a 'kate' instead of my name, and my father will provide a statement that he accepts full responsibility for the CCJ.

The CCJ was issued in March 2016 (although I didn't see this on my credit score until May) the money was then paid off at the end of May 2016. In that time 2 bailiffs had come round, and I had spoken to one of them to let him know my dad planned to pay it off. The original bill was approximately £700-£900, and my dad ended up paying approximately £2,100-£2,300. This was the original bill plus 2 baliff charges ( If I remember correctly they were charging £800 for each visit).

CCJNightmare

Just had a look at your first link with regards to what circumstances you can set aside a CCJ, and I honestly am 99% sure I did not receive a letter or a court claim prior to the CCJ. I definitely gave E-on my forwarding address when I moved out but did not receive a letter from the Courts? I just googled a picture of what a CCJ claims letter looks like, and I'm pretty sure I never received anything like that!

I will ring E-on tomorrow to get their confirmation that I gave my forwarding address (which I know I did as I spent time on the phone to them the morning we moved out last October) and then I will write in my N244 form.

Is there anywhere you can call to clarify you didn't receive any letter? Would the Courts have it on their system or where they sent it?

Thank you