CCJ received in error

GurtHod

Hi. My wife received a CCJ a few weeks ago for a debt that is nothing to do with us. It's been issued via a company called Asset Collections & Investigations, who've acted on behalf of the claimant Uncle Buck, and they've obviously taken a punt on the fact that the claimant they are chasing has the same name as my wife. We've contacted the court and they've said to contact AC&I. We've done this and they pass us onto TM Legal Services. TMLS won't talk to us about the case as my wife can't answer the security questions! They suggested contacting their complaints email which we've also done but they haven't responded within the promised 3-5 days. Where do we go with this? We are in the middle of renewing our mortgage and Barclays have refused our application because of this CCJ sat on my wife's credit report. HELP!

[Deleted User]

Raise another complaint or raise a case with the FOS

Nasqueron

Usually 8 weeks for FOS unless the firm reject the complaint


Stop emailing, WRITE (yes a letter, pen and paper, envelope marked "complaint") to their complaints department. Get free proof of postage from the PO, letter is deemed delivered 2 days later first class.



Given the mess around, asking for compensation wouldn't be a bad idea

GurtHod

Thanks. It appears they’re finally doing something. Not sure what yet but they have at least acknowledged receipt of the complaint email and say they are investigating.

Compo is something I never really considered, but I am now!

Thanks again.

sourcrates

Hi,


If you discover a CCJ on your record and you believe it's unfair, you may be able to get rid of it.
To do this you must persuade a judge to issue something called a 'set aside order'.

This essentially takes you back to square one to when the claim form was issued.

To get an order set aside, you must have a good reason, such as the demand was sent to the wrong address even though you gave the company the correct one, denying you a chance to defend yourself.
Alternatively, you must be able to prove you have a good defence to the claim.
For instance, perhaps you don't owe the money at all because you have been the victim of identity fraud.
The process can take up to a year and will cost at least £255 — potentially thousands of pounds if you use a solicitor.

To challenge a CCJ, you need an N244 form. You can get this from hmctsformfinder.justice.gov.uk or call your local county court.


Tick the box that asks if you want your application heard in court.
This allows you to make your argument in person, normally in the county court closest to you.
The form will also ask you why you think the CCJ should be set aside. Outline the facts succinctly and clearly.


No amount of complaining to the creditor will remove the CCJ, your only option now is the set aside.

Just_Di

sourcrates wrote: »

The process can take up to a year and will cost at least £255 — potentially thousands of pounds if you use a solicitor.

My suggestion is always ask the Judgment Creditor (the Claimant) first if they will consent to a set aside which avoids the need for your Application to go to a Hearing.

You can ask them to consent to a Dismissal of the claim at the same time if you've got a potentially strong Defence.

At the same time you put them on Notice that you will be drawing the court's attention to your request (for a Consent Order) so if your Application is successful in court (if they don't consent) you will be asking the court to order the other side to pay your wasted costs (a Litigant in Person can charge £19 per hour).

If there's a need for a Hearing it should be listed quite quickly depending on which part of the country you live in. I would say it typically takes 2 - 3 months.

I see no reasoon for it to cost thousands of pounds for a solicitor's help. There are many who do pro bono (free) work.

Di