Capquest, Unknown CCJ & Set Aside

johnsons_baby

Hello,

A long story but I will try to summarise!

I found a CCJ on my Totally Money credit file, which was obtained at an old, old address, one I’d not lived at for 8 years. It was obtained in 2014 and I’d moved in 2006. I usually use clear score for checking and it had not appeared there. It was only luck I signed up for Totally Money & found it because I am looking to get a mortgage for a new property late next year.

It took me ages to find it was Capquest and I searched here and found it wasn’t unusual. I sent off a set aside form in September to Northampton County Court, with the fee, which has been banked. I’ve heard nothing from the courts yet. I am setting aside because I did not receive the papers and as such I could not respond.

I had an email from Capquest saying the debt was for a Marshall Ward account but provided no proof or such. I’ve never heard of this company and as such I asked for proof and to communicate with me by post. Subject Access Request sent, fee banked but no information from Capquest.

The CCJ is for £1100 and if it were genuinely mine and they could prove it then I would be happy to pay it off but I don’t believe for one minute it is mine.

I have been at my current address since 2012 and I have never heard anything from Capquest. I’ve always kept my creditors up to date.

What is my next move? Do I contact the court, do I contact Capquest? I’m currently almost £275 down with nothing to show for it yet!

Any assistance is very much appreciated.

fatbelly

As this was due to drop off your file next year and wasn't being pursued I would have advised you to leave it alone.

But as you are going for set aside, the next step is to respond to the Directions Questionnaire the court will probably be sending you and to comply with what they ask for. They could reject your application but that does not seem to happen much - you could phone to check.

They will probably ask for a witness statement setting out your defence.

Marshall Ward is a catalogue, part of the Shop Direct (Littlewoods) Group

johnsons_baby

Thank you.

I have not received a directions questionnaire as yet but will comply once received.

Even though it was not being pursued I am beyond 100% convinced that this isn’t a debt I’ve accrued as I have never had a catalogue account. I think I just got a bit concerned because of wanting to buy a new house next year.

WhenIam64

Even though it was not being pursued I am beyond 100% convinced that this isn’t a debt I’ve accrued as I have never had a catalogue account.

Send a Subject Access Request to Marshall Ward for your information. You may have a bit of a problem with the different addresses but you should be able to overcome that. You can then see what was ordered and where it was sent (if they kept the information that long). Otherwise check with Capquest.

fatbelly

Did you ask the court for a copy of the particulars of claim? It's possible that this was someone else's ccj and it's just that one cra has linked it to you. I'm not familiar with Totally Money. Which credit reference agency do they use?

sourcrates

johnsons_baby wrote: »

What is my next move? Do I contact the court, do I contact Capquest? I’m currently almost £275 down with nothing to show for it yet!

Any assistance is very much appreciated.

If ever there was a case for letting sleeping dogs lie, I believe this may have been it, a set aside will normally only be granted under very specific circumstances, and you must apply in a timely manner, almost 6 years down the line is not timely.

Ideally you should have posted on here for advice before parting with your money, as this judgement would have vanished from your file next year, and any further enforcement would have needed court approval.

johnsons_baby

Totally Money use Transunion.

Incidentally, I have had my updated Totally Money report today and the CCJ isn’t there? It was yesterday when I checked. Not sure if it’s a Totally Money anomaly?

Tried to contact Northampton CC today, after over an hour in the queue, got cut off!

Edited to say signed up for Credit Club here, it’s not on there either?

fatbelly

Sounds like it may have been a mistake.

You can get a free copy of your Experian report from MSE credit club

and free access to Equifax from Clearscore

Transunion's free service is Credit Karma - that shouldn't be different from what you were seeing on Totally money, but you never know.

If you email Northampton, they do get back to you after about a week. It's slower than the phone but probably cheaper - they can also cut & paste the particulars of claim to you.

johnsons_baby

Thank you.

I’ve always used ClearScore but had signed up for Totally Money and now MSE Credit Club which is Experian.

This CCJ doesn’t show on ClearScore (it never had) it was shown on TM and I’m not sure about MSE as only just signed up & its not there.

Email sent last night to Northampton CC and will await a response. It’s very bizarre.