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partially incorrect name on CCJ

I have received a CCJ for parking but just noticed that it is made out to my first and middle name with no surname. Is this still legally binding?
Regards, Louise
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Comments

  • daytona0
    daytona0 Posts: 2,358 Forumite
    I don't know, do you owe them money?
  • daytona0
    daytona0 Posts: 2,358 Forumite
    edited 23 December 2016 at 12:19AM
    Then again, I see your post in 2014!!

    https://forums.moneysavingexpert.com/discussion/comment/65951372#Comment_65951372
    I want to apply for car finance and was planning to check my credit record first. I use my middle name for everything that I can, including work, but have to provide my first name for some official purposes. Is this likely to affect my credit score, and will both variations of my name show up if I do a check? Thanks

    So, the reason it is made out to your first and middle name is because YOU PROVIDED THAT TO THE COMPANY!! (or some strange combination of two from; your first name, surname and middle name! Whilst I appreciate your 2014 post excluded the first name, you have an unusual habit to begin with by providing strange combinations of your full name to companies).

    So either:

    1. The CCJ is valid.

    2. You are committing identity fraud.

    Take your pick, Louise...

    I have received a CCJ for parking but just noticed that it is made out to my first and middle name with no surname. Is this still legally binding?
    Regards, Louise

    Just quoting your post for reference.
  • MalMonroe
    MalMonroe Posts: 5,783 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    CCJ seems a bit extreme for parking! Seems as if you may have overlooked a parking fine and the parking fine would have been sent to the person who is the legally registered owner/keeper of the vehicle that was parked, so it's a vicious circle. The CCJ has to be valid, as it's connected to the parking fine, connected to your own car, connected to . . . well, you. Best do the right thing.
    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    daytona0 wrote: »
    Then again, I see your post in 2014!!

    https://forums.moneysavingexpert.com/discussion/comment/65951372#Comment_65951372


    So, the reason it is made out to your first and middle name is because YOU PROVIDED THAT TO THE COMPANY!! (or some strange combination of two from; your first name, surname and middle name! Whilst I appreciate your 2014 post excluded the first name, you have an unusual habit to begin with by providing strange combinations of your full name to companies).

    So either:

    1. The CCJ is valid.

    2. You are committing identity fraud.

    Take your pick, Louise...




    Just quoting your post for reference.

    Not that strange - plenty of people use their middle name as the name they're identified by and like OP only use their "given" name where necessary.

    OP is only saying that they are (for example) John David Smith officially, David Smith unofficially and this CCJ is in the name of John David. Not that they give numerous different variations in a bid to commit fraud.

    As for the CCJ, thats likely going to come down to whether its a trivial mistake or not. ie if you received the court papers and if you do owe the debt, then its rather pointless fighting it as they'll just reapply with your proper name - in other words the mistake is trivial because it doesn't affect matters. Or if the court have just entered the wrong name by mistake on the judgement.

    In order for you to argue against it, you'd really have to be the person who wasn't the debtor imo.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • daytona0
    daytona0 Posts: 2,358 Forumite
    edited 23 December 2016 at 9:30AM
    OP is only saying that they are (for example) John David Smith officially, David Smith unofficially and this CCJ is in the name of John David. Not that they give numerous different variations in a bid to commit fraud.

    I suppose I shouldn't jump the gun and we should hear from the OP how the chasing party managed to obtain the "John David" name. Based on the evidence presented in 2014 it is very likely that OP has provided this combination of her name in the past, hence the reason they have it!

    It is just too much of a coincidence that OP omits part of their name on pretty much everything and this company only have part of her name (also, could this name have come from the DVLA? Wouldn't want them sniffing around if I'm arguing that the listed name is not actually me!).

    I mention identity fraud as the OP would have been required to provide her name to the company sometime in the past. If you subsequently try and argue that the CCJ is invalid then you have to bear in mind that you were the one who initially provided your name to them! OP is effectively arguing that, as they provided false information to begin with, the CCJ should be invalid.
  • Yes, it is legally binding.

    You should pay the CCJ within 28 days so that it gets removed from your credit record. If you do not pay within 28 days it will remain on your credit record for 6 years.

    If the name is wrong I suppose the CCJ might not make it onto your credit record as the names won't match. But it isn't worth taking that chance.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Problem is anybody enforcing it will have to proof the judgement against David smith is actually enforceable against a person called David Johnson. When bailiffs turn up I don't see how they could enforce it
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Was it a real council fine, or a private parking invoice?

    If you'd gone to the Parking board here for advice when the ticket was first received, this could probably have been seen off at the time.
  • Bogalot
    Bogalot Posts: 1,102 Forumite
    arcon5 wrote: »
    Problem is anybody enforcing it will have to proof the judgement against David smith is actually enforceable against a person called David Johnson. When bailiffs turn up I don't see how they could enforce it

    In which case the applicant would go back to court and apply for a variation, which would add more costs to OP's debt.

    Pay up OP, the longer you leave it the worse it will be.
  • elastic wrote: »
    I have received a CCJ for parking but just noticed that it is made out to my first and middle name with no surname. Is this still legally binding?
    Regards, Louise

    Yes. The courts take a very dim view of people trying to weasel out of things on technicalities like this. If the fine is valid then you must pay it.

    if you dispute the original fine then you need to do something about it immediately!
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