Advice needed for Incorrect active CCJ ,being chased for a debt by CAPQUEST, an unusual credit file.

gingerbeardedman

Hello folks!

Looking for some advice on an unusual situation..

I received a letter from capquest when i visited my parents this weekend just gone, it was dated feb 22, no other letters, saying they had purchased an account from a company called drydens fairfax who managed it previously i guess. They are asking for a sum of over 4k from an account in oct 2008 linked to my parents address, i was at uni at that time...and ive never taken a credit card out or a credit agreement with a retailer, I only have a debit card, ive always been sensible. I only have 2 bank accounts, one current since 2005 and a savings account with the same bank. Only ever had a phone contract which is paid by direct debit and a student loan which comes out of my wages etc

I searched through 4 credit agencies, 2 came back clean, 2 reported the debt from capquest and the CCJ, which apparently i was served papers in april 2014 which is funny because i never moved home after i went to uni, i stayed in cambridgeshire working during university and afterwards, still with the same company.

I share the same initials as my twin and dad so ive also found out my credit files are also mixed up with my twins and dads and some addresses which ive never heard of, some in london! where i have only gone too visit for days out or friends. Ive narrowed some addresses down to my twin brother.

I have spoke to a debt advisor who has said i should file a notice of dissociation so i will be doing that, ive also sent away for a true copy of this so called credit agreement.

I know i have too file a set aside on the court junction, should i be doing this straight away?! then gather evidence? should i contact capquest to say i am doing this? i dont really want too contact them..

I'm not entirely sure of what evidence i need to get together and how i should go about composing my witness statement.

I have my credit reports printed, it shows a credit card was opened by my brother on the same day as this account that i allegedly made on the 25th/oct 2008, but it says the payments are all OK..

Ive also just been approved for my first ever mortgage? wouldnt they have seen the active CCJ from 2014?

This is all a little daunting for me so any advice would be helpful!

Thank you!

[Deleted User]

So who took out the debt that has turned into a CCJ?

Is it actually showing on YOUR files?

gingerbeardedman

Im not sure who took out the debt in the first place, i have probed my brother and he cant remember anything from 2008 apparently...

so either hes lying or someone has managed to get hold of my info and use it back then.

the company is littlewoods im pretty sure, i know he had a little woods account. just strange he opened a capitol one credit card on that same day an account was opened in my name.

when you go onto littlewoods, theres a credit card button where you an apply for credit and it goes too capitol one...

i can also see there is an account aquired by capquest for my brothers name too..but no ccj against him, for 2k. He lives overseas now.

the ccj is on my file with my name against it

not sure if that answered the question!

robatwork

You might have the same initials but not the same name as your twin.

My money is on him being a little bit naughty in 2008, sorry. When you get the contract you will see if he's forged your name or sig.

Please keep us updated.

gingerbeardedman

Hey guys,
Its been almost a year since this incident.
I last contacted Capquest back in May last year requesting a copy of the original credit agreement.
I got this back and there is definitely a forged signature on there. I have reported this to action fraud and have a number to sow this.CapQuest put the account on hold while awaiting further statements from littlewoods.
The havent contacted me since.

I managed to dissociate myself from my brother and my dad so some of the shared financial associations/addresses are gone.
However i checked again recently and they are still mixed up, so i am seeing my dads and brothers searches and bank accounts  and other financial information so i've sent off a dissociation request again and raised a dispute. There are also adverse accounts which are not mine which are dragging my credit down.

The CCJ is still active in my name..which is dragging my credit down and its due to be removed this month but i am still liable to be chased again so i need to get this removed.

It's been almost a year now, does this mean that CapQuest didnt manage to find anything? I really want to get this sorted.
I have the forms to set aside a CCJ ready, i've just been compiling evidence.

To summarise
-My credit history is still mixed with my twin and fathers
-The CCJ is still active for a Littlewoods account i never signed up with and has a signature that's not mine.
Ive had no contact for almost a year.

Have i left it too long now? should i contact them again by mail? or proceed with removing the CCJ?

Just to remind everyone, I've only ever had A building society bank account as a child and two bank accounts as an adult, one saving and one current. I've never had a credit card to even open a Littlewoods/Finance account.
Ive only ever had a phone contract and a student loan. I currently have a mortgage.

This process is still daunting but i've learnt a lot from the forums.

Kind Regards
Dan

ciderboy2009

Does the judgment still show against you?  They normally get removed after 6 years.

Also, after 6 years the claimant would have to get permission from the court before they could enforce the judgment - something that isn't granted very often.

gingerbeardedman

ciderboy2009 said:

Does the judgment still show against you?  They normally get removed after 6 years.

Also, after 6 years the claimant would have to get permission from the court before they could enforce the judgment - something that isn't granted very often.

so the CCJ was issued back in APR 2014 to my home address, the case was heard on the 16th APR 2014. I havnt lived at home since i moved away for university in 2008 and i never received the court order at all, i only became aware of this debt/fraud when i was visiting my mum for mothers day last year and there was the random letter.
It still shows against me, so 3 days until its been 6 years

ciderboy2009

In that case I wouldn't bother wasting your money on an application to set the judgment aside - it should disappear from your record in the next month or two.

I would concentrate on getting the things that don't relate to you off of your credit record.

chanz4

Hopefully they will now go after your brother, littlewoods will investigate the fraud

sourcrates

A setaside now would be pointless, and a waste of money, normally an application must  be made promptly, for example, within 6 months, waiting nearly 6 years is way outside of the guidelines, and it would be unlikely to be granted now.

Capquest are under no obligation to provide any further evidence to you, as they have, technically anyway, obtained judgement against you in court, this removes their responcibility to provide any further paperwork in relation to this debt.

As all this is due to fall off your credit file soon, its effect on you will lessen rapidly, your problem is when or if, Capquest come back asking for payment, what i would suggest you do is inform them (again if nessessary) about the original mix up with the names, and just keep denying this is your debt.

A complaint to the information commisionaire should see your credit file history sorted out, but again, if its so close to dropping off your file, it may again not be worth taking the time, as the entry may have gone before the complaint is dealt with.