CCJ issued from old account

robingetz1

An old bank account has come back to haunt me and the judge rejected my statute barred claim, even though there was no solid proof of payments, but she didn't believe me that, and put me under oath to swear I didn't make those payments 10 years ago. The original claim from the DCA was 2016 so within the limitation period.


Also the account number that was used was not mine, but I didn't notice that before until the day before the hearing so didn't mentioned it beforehand so was ignored.


I never denied that I had an unpaid overdraft dating back to 2006, but denied making any payments, but I lost and was given a CCJ.


Couple of questions.
If I can prove that the account number that the payments were made to did not belong to me, is it worth appealing, as this is new evidence, as it was dismissed at the hearing.


If I accept the CCJ, does the fact the actual account was from 2006 make a difference to the impact it will have or does that not matter, as since then I have cleaned up my credit file and it is good, and I have started to get a lot of good deals.


What impact will the CCJ have on this, as I have worked hard over the years to get a good credit file, and now this happens, I'm deflated a bit.


Does a CCJ affect my current credit commitments, i.e. can credit cards cancel my account or reduce my limit because of a CCJ, I've no missed payments or any adverse credit for 3 years. My mortgage is up for review next year as well when the fixed rate period ends.


I'm just deciding whether to
1. Appeal the CCJ
2. Pay it off in full and move on
3. Accept it, and pay it off over time.

[Deleted User]

Someone must have been making payments towards it - it doesn't matter if it was you or a third party.
If payments are made to it then it "resets" the statute barred clock.

Who else could have been making payments to the account?

Candyapple

robingetz1 wrote: »

Couple of questions.
If I can prove that the account number that the payments were made to did not belong to me, is it worth appealing, as this is new evidence, as it was dismissed at the hearing.

So you're saying some random person made payments into your bank account?

How much money / debt is the CCJ for?

robingetz1 wrote: »

If I accept the CCJ, does the fact the actual account was from 2006 make a difference to the impact it will have or does that not matter, as since then I have cleaned up my credit file and it is good, and I have started to get a lot of good deals.

The 6 year timer will begin the date the CCJ was applied, so if this was say 12 July 2019, then it would be removed on 12th July 2025.

robingetz1 wrote: »

What impact will the CCJ have on this, as I have worked hard over the years to get a good credit file, and now this happens, I'm deflated a bit.

Wave goodbye to getting any credit or deals for the next 6 years!

robingetz1 wrote: »

Does a CCJ affect my current credit commitments, i.e. can credit cards cancel my account or reduce my limit because of a CCJ, I've no missed payments or any adverse credit for 3 years. My mortgage is up for review next year as well when the fixed rate period ends.

It shouldn't affect any credit cards, but if you need to remortgage it will cause problems re getting decent rates. You would be best placing your application with an adverse credit broker: https://www.remortgage.com/questions/remortgage-after-ccj.php

Quentin

1 Read up on appealing a ccj. An expensive business!

2 your call

3 Your call again, but if you want to keep your good credit rating then paying on the drip will trash that as the ccj you now have will remain on your record for the full 6 years irrespective of when you were to make your final payment

robingetz1

Hi


No sorry for the misunderstanding. The account number that was at the top of the list of supposed payments that was supplied by the solicitor, was not the same account number that was on my statements, also supplied to me by the solicitor. The judge said that the account numbers must have both belonged to me at some point, I am currently asking Yorkshire Bank for more details.


The amount was £4000, which includes £1500 costs.


Will it say on the CCJ that the account was from 2006, and not recent, or is a CCJ a CCJ regardless of when it was from?

BoGoF

If you have a lot of available credit on credit cards you may find your limits are reduced if/when the credit card company discovers you have a CCJ.

You didn't say how much the judgement is for and appealing may be a costly business. If you pay it within 30 days then the CCJ is removed I believe.

Edit: Our posts crossed. A significant sum then. You would need to weigh up the costs of appealing (and still potentially losing) with just paying it.

System

If the account number used in the court case was not your account number then I would appeal. It's literally an invalid judgement.

[Deleted User]

robingetz1 wrote: »

Hi


No sorry for the misunderstanding. The account number that was at the top of the list of supposed payments that was supplied by the solicitor, was not the same account number that was on my statements, also supplied to me by the solicitor. The judge said that the account numbers must have both belonged to me at some point, I am currently asking Yorkshire Bank for more details.


The amount was £4000, which includes £1500 costs.


Will it say on the CCJ that the account was from 2006, and not recent, or is a CCJ a CCJ regardless of when it was from?

Have you ever had anyone else make payments to the account on your behalf? A friend, partner etc?

If you ever changed or upgraded your account (regardless of being with the same bank) this can sometimes mean you are given a new account number.

When was the last payment made to the debt in question?

robingetz1

!!! wrote: »

Have you ever had anyone else make payments to the account on your behalf? A friend, partner etc?

If you ever changed or upgraded your account (regardless of being with the same bank) this can sometimes mean you are given a new account number.

When was the last payment made to the debt in question?

No, only one account with the bank and no payments were made to my knowledge.

robingetz1

beany_bot wrote: »

If the account number used in the court case was not your account number then I would appeal. It's literally an invalid judgement.

I only spotted this the day before the hearing and so it was dismissed by the judge at the time. But if this can be submitted as new evidence then an appeal might be worth while.


So much to consider, bottom line is I don't want the CCJ, so will pay it then try and gather new evidence for an appeal later.

PixelPound

Have you had other debts and been on any sort of debt management plan.

So I assume that 2006 is when the account was taken out? Or are you saying that's the date it defaulted and last payment you made? So payments were made in 2009 (you said 10 years ago) and claim form issued in 2016. How come it's taken 3 years to get to court for the CCJ?