Pre-mortgage credit file clean up

Miked23

Hello everybody,

I am hoping to pick some brains in the world of credit. So to give a bit of background I’m 29 with a beautiful girlfriend and 2 gorgeous kids. With that in mind I decided it was time to plan for the future and save for a mortgage which is NOT easy in this current climate. So as a start I opened a help to buy ISA, then I got my first ever credit report..... abysmal.
So I have 2 CCJ’s on my report, one is from my mother who after showing her my report for advice conceded to me that one was hers and that she had paid it off in total. I now need to have this amended to settled, the second is from a bank loan that I took out in 2008. This defaulted in June 2009 which I have to hold my hands up and admit I avoided it. Now after getting my credit report I can see the first CCJ which my mother has paid has the correct address attached to it meaning I probably received the post which my mother intercepted, but the second CCJ is attached to an address I’ve never lived at. The address is what I now know is my brothers address (we do not speak) so he received the letter for my court date and hadn’t informed me. The court date was March last year.

So my question is, what can I do about this? They took me to court 9 years after it defaulted so surely it should have been statute barred? And I never received the court letter to defend myself... which I would have with it being 9 years old. How on earth do I sort this situation out. As it stands I’m not going to be eligible for a mortgage until 2024 and that is depressing me. After the year we’ve had as a family I thought the gods might be looking down on us for a change, somebody is but it’s not the gods.

Thanks in advance,

Mike.

Ben8282

It is highly improbable that anybody took you to court and obtained a ccj nine years after the date of default. Furthermore, as you admit this was your loan, why would the letter have been sent to your brother's address?
If the first ccj is settled how come it is not shown as such?
What sort of credit did your criminal mother obtain in your name and why did she not pay?

sambaird

Other people on this forum will probably be along to give you false hope shortly.

However, you have next to no chance of getting the CCJs removed.
You should be patient for the next 5 years, and use the time to save up a decent deposit.

You should also spend this time making sure that your criminal mother doesn't screw you over again by keeping an eye on your reports monthly, and take immediate action if you spot anything incorrect.

Miked23

I have no reason to lie here Ben. My statement above is 100% accurate and truthful.

The CCJ my mother caused me was from a contract phone I took out in my name for her and never knew she stopped paying it. She was surprised herself and said she had receipts to prove payment and that I cannot remove it from my report but can have amended to say it’s settled.

And as to the other CCJ I like how you say “highly improbable” because it may be... but yes it’s on my report that I was took to court in March 2018 and the default was June 2009. These are all facts so it’s help here I would appreciate,
Like who to contact or what forms I need to fill out, how to fill them out and where to send them.

Oh and btw I’m as confused as you probably are by all this, but I need it sorting.

Mike

Miked23

Thanks Sam, my mother’s not a criminal she just made a mistake that she tried to rectify, as I did with the bank loan.
But how is it allowed that they can send a court letter to an address I’ve never lived at for a debt that’s 9 years old and this is legal?

Thanks for the replies

[Deleted User]

You can't get a CCJ for an account that defaulted more than 6 years prior to the judgement date.

Ben8282

Miked23 wrote: »

Thanks Sam, my mother’s not a criminal she just made a mistake that she tried to rectify, as I did with the bank loan.
But how is it allowed that they can send a court letter to an address I’ve never lived at for a debt that’s 9 years old and this is legal?

Thanks for the replies

I don;t understand how they can send a letter to an address that you have never lived at. I don't understand either why they would have taken you to court over a nine year old statute barred debt. All highly improbable as previously said.

Miked23

I’m here for help Ben, nothing more and nothing less. Please read what I write as my mother has not took out any credit in my name, I took it out and therefore her not making payments is my problem through my stupidity.

I also don’t understand how they’ve sent a letter to an address I’ve never lived at. It’s also listed as one of my addresses in my credit report. I can only assume that as we have similar names and dates of birth somebody has decided that he is me lol. His name is my middle name, we shared my mother’s address and his d.o.b is 8/12/91 mine 8/11/90.

Now what I’m asking for is help and advice not to be told probabilities.

Facts = letter sent to address my brother lives at (I’ve never lived there)

Second fact = loan took out nov 2008, defaulted in June 2009, court date March 2018, CCJ nov 2018.

Ben how on earth could I get solid advice if I was basing it on a lie. What can I do about this because I’m telling the truth.

Help and advice please.

Miked23

Who do I contact because as you are both saying this should be statute barred.

Ben8282

Concerning the loan. You say it was defaulted in 2009. Then what? Did you acknowledge the debt to anybody such as a DCA or make any payments towards it subsequently? When was the last time you spoke to anybody about this loan? Can't understand about the address or confusion between you and your brother. If the loan was at your current address why would a letter be sent elsewhere?
Concerning the phone contract, under what circumstances did your mother stop paying it? Most phone contracts are paid by direct debit. How was she paying? You mention receipts but this would imply she was physically going to somewhere, paying and getting a receipt. Very odd. How could she have not realised she was no longer paying? This really does not add up. Also, if she has settled the ccj don't understand why it is not shown as such.

Willing2Learn

Hi Miked23 and welcome to the forum

A few questions (with regard to the account being SB):

• When was the last time you acknowledged the debt in writing?
• When was the last time you made a payment on the account?
• How do you know the default date (the cause of action) was in June 2009?

Edit: You can still get a mortgage with adverse data recorded on your credit file. You just need a mortgage broker who specialises in adverse data