We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

CCJ of Fraudulent Debt

Options
Hello.

Someone previously opened a catalouge account and ran up a bill in my name at my previous address. (i susspect its the person i did a mutual exchange with).
Anyway after veiwing my credit file i noticed there is a default for this debt. i contacted the company and proven when i moved with my tenancy agreement and the account was closed with them and the debt recovery company lowell.
but i have been left with a CCJ on my file for this debt.
can i get this romoved at all? obvuiously it affects my credit rating and abitity ti take out finance ifi should need to.

if i can how would i do this?

Comments

  • Contact the courts and ask for it to be set aside. This will cost £255.
  • T-G-C
    T-G-C Posts: 591 Forumite
    500 Posts
    Mailing Order services seem to be the easiest credit to obtain. A few bits of personal information and the account is activated in seconds.

    If this has happened, I recommend a Protective Registration from CIFAS. It has a small fee, but is valid for 24 months. It does not impact the ability to obtain credit, but allows the lender to conduct additional checks before granting their facility. This prevents automated decision making - the only downside.

    The reason that I recommend this is because someone must have all of the minimum information required to obtain credit under you and the rest can be fabricated, like income / employer information etc. and although National Hunter & CIFAS should detect irregularities, not all companies use them during fraud checks and a mismatch does not warrant a guaranteed decline either.
    Advice provided from this account does not consist of any professional knowledge. For professional debt advice, please contact either National Debtline or StepChange. Advice may consist of personal experience, opinion and/or informational sources.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    !!! wrote: »
    Contact the courts and ask for it to be set aside. This will cost £255.
    Thats outrageous !



    Would a better idea not be to send a letter before action to the catalogue company threatening legal action if they didn't pay for it to be rescinded,and then following up via MCOL if they dont?
  • Willing2Learn
    Willing2Learn Posts: 6,294 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 11 October 2018 at 11:41AM
    !!! wrote: »
    Contact the courts and ask for it to be set aside. This will cost £255.
    Going on my understanding of situation, and I may be wrong, but I believe the OP needs to send a SAR to the creditor so that they have the evidence of the fraud. That evidence would need to be submitted to the court at the same time as a set aside request and there would be grounds for the fee to be waived (hopefully). After all, the OP is a victim of a crime and should not be out of pocket.

    I don't know any of this stuff. I'm just going on gut instinct.

    @OP - I suggest you open a thread on the LegalBeagles forum, for specialist legal advice on how this process would exactly work.

    http://legalbeagles.info/forums/
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • sourcrates
    sourcrates Posts: 31,552 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    The fee cannot be waived as it is a legal fee, i doubt the creditor concerned would want to foot the bill either.

    If your on a low income you can get remission on the fee up to 100%.

    You need form N-244 application for a setaside, and EX-160 remission form, both available online.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244K Work, Benefits & Business
  • 598.9K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.