Ccj assigned to my file thats not mine

Jbjonb

Hi guys heres a real brain melter....

I found out in february this year that i have a judgement against my name that has been impacting on my credit score since 2016,the debt isnt mine but is actually my fathers, we both have identical names and used to live at the same address (my childhood home) i contacted equifax who are the only agemcy who show the judgement and they have informed me that i need to supply them with a certificate of annulment?

I contacted the sherriff court today who issued the judgement for advice and they informed me that it was lodged by a lawyers who represent a credit union.

My question is who is liable for any compensation claim i make? I lost my job due to this false judgment and as such havent been able to work in my field of work since due to failing credit checks and thus my contract of employment keeps being terminated ive also suffered an impact on my life due to stress with the matter and cant even get a mobile phone contract let alone any sort of credit....i need help and advice as to what steps to take and who is liable for any claim to compensation....is it the credit union? The lawyers office?

On contacting the lawyer they have said that they can have it recalled to court and amended however according to them the judgement is put against the name and address? And as sucj i may not even get it removed from my file?

Ive never been on the voters roll at my parents address, im confused with it all

Can anyone help??

Jbjonb

When the lawyers applied to the court for the judgement what would have been there process of die diligence? If i show as being at my parents address shouldnt someone have asked the question over why the same name appears twice? Or at least clarified who was who? Is the system so flawed? Or has someone not done there job correctly? This has caused me no end of trouble i just want it cleared up and have whoever is to blame for the error held accountable and then look at compensation...ive lost my job and cant get employment until this is sorted,the financial impact has been massive and as such my health mentally has suffered

Willing2Learn

Hi Jbjonb and welcome to the forum



I understand the impact upon your finances and mental health has been severe.

How come you only just found out about the CCJ?

Where had the court papers originally been sent?

Why would a CCJ prevent you from getting employment (what is your normal job)?

Have you checked your Experian and TransUnion credit files for the CCJ?

I don't know what a certificate of annulment is. I believe that you would need to apply to the court to have the CCJ Set Aside.

Jbjonb

I only found out about the ccj when i changed job and my new employer carried out a credit check..i was self employed up till then,

The court papers went to my parents house, my father knows of the debt and was surprised when i told him tge judgement has been lodged in my file and not his.

I work in sales so deal with customers bank details/card details and as such having adverse credit makes me a risk as i could potentially be tempted to de-fraud peoples bank accounts apparently....its standard practice now for anyone who works in any capacity in utilities or the financial sector.

Willing2Learn

Have you checked your Experian and TransUnion credit files for the CCJ?

Now that your father has acknowledged the account, has he said whether he will write to the court, updating their records, to correctly have the judgement served to him. Is he financially able to settle the judgement?

Jbjonb

It doesnt show on experian, the lawyers say they can have it recalled and provided i have evidence to prove its not my debt then they say it can be removed however as the debt is against a name and address it may not be removed as my name still shows as having lived at my parents address and the court doesnt use DOB on decrees?

I dont know where to start with it all

[Deleted User]

What proof/evidence can you present that this is what caused you to lose your job?

You also say that your current employment “keeps” being terminated.
How many times has your current employment been terminated?

Willing2Learn

Jbjonb wrote: »

It doesnt show on experian, the lawyers say they can have it recalled and provided i have evidence to prove its not my debt then they say it can be removed however as the debt is against a name and address it may not be removed as my name still shows as having lived at my parents address and the court doesnt use DOB on decrees?

I dont know where to start with it all

Surely, the lawyers will accept a written statement (letter) from your father explaining that it is his debt? Your father needs to take ownership for the CCJ.

Jbjonb

He currently has a payment plan in place which he is paying regularly...he has done since before the judgement was made which makes me wonder how or why the judgement was passed in the first place?

My question is wjo is liable and accountable for the error? Is it the lawyers for not carrying out due diligence prior to the judgement being made and not ascertaining who was who?

Jbjonb

I have a letter from tge plaintiff stating i have never had an account with them and the lawyer said today that they can have that confirmed but the problem still is that the court cant differentiate who is who due to not using DOB when a claim is filed?

Willing2Learn

If you are just interested in claiming compensation, then I suggest you see a solicitor. Or post the question of compensation and accountability on the Legal Beagles forum. I don't think anyone on MSE will know if the courts should use a DOB to confirm the debtors identity.

https://legalbeagles.info/forums/