Incorrect CCJs - compensation?

urbanlegend179

I had two CCJs incorrectly issued against me. The solicitors firm which was hired by the client to issue the CCJs did so using initials only. With no full names or date of birth available, both CCJs incorrectly went on my file simply because I shared those same initials. 

Anyway, this caused a devastating impact on my credit rating and I couldn't access any finance. I also suffered stress and embarrassment for not being able to take out a flat under my name due to the landlord refusing to rent to anyone with a CCJ on their record. I had to get my wife to take out the flat, highly embarrassing.

After I chased up the solicitors firm which incorrectly issued the CCJs against my name, they got back to me today after a lengthy investigation. They sent me a letter headed "To the registry trust/credit reference agencies" and the conclusion was "It has since come to our light that court proceedings and judgement was registered against the wrong individual. The individual has supplied us with a copy of his passport and we are satisfied this is not the intended recipient. In light of the above we would be grateful if the Judgement can be set aside and we would be grateful if you would now rectify the credit file so as to not cause further issue".

Really? So you can just ruin someone's life because you were stupid enough to issue a CCJ based on initials and I am supposed to just pretend everything is okay now? Is there any way I can claim compensation for this travesty?

Please advise. 

[Deleted User]

You can ask.

Send them a breakdown of your losses and see what they say.  But tone down the hyperbole when you contact them. If you tell them they 'ruined your life', they'll take you far less seriously than if you stick to the facts.

[Deleted User]

I'd complain to the ICO regardless, make them deal with some painful nonsense, and yes absolutely demand compensation - but it must be something you can quantify e.g. actual losses. You won't get serious sums for the fact your wife had to rent a flat instead of you

urbanlegend179

I've lost out on business opportunities because I couldn't take out a loan. But I am not sure how I can quantify that.

[Deleted User]

urbanlegend179 said:

I've lost out on business opportunities because I couldn't take out a loan. But I am not sure how I can quantify that.

Can you prove that? If so, then someone will probably agree a sum. Did you apply to the bank for a business loan and get refused specifically because of the CCJ?

urbanlegend179

So I've reached out to the solicitor firm to ask about compensation and they've responded by saying "We were instructed to recover the debt under the instructions from our Client (Parking Control Management) and proceeded in line with this. We are unable to advise and suggest you seek your own independent legal advice."

Im confused, is it still not their responsibility? They are the ones that pursued the CCJ even though they knew all they had to go by was initials and not even a full name? Or am I supposed to ask for compensation from Parking Control Management?

[Deleted User]

The solicitors most likely won't have done the tracing, they will have been instructed by the parking firm to go for you, it's the parking firm who you'd need to take legal action over

porkisnotmeat

urbanlegend179 said:

So I've reached out to the solicitor firm to ask about compensation and they've responded by saying "We were instructed to recover the debt under the instructions from our Client (Parking Control Management) and proceeded in line with this. We are unable to advise and suggest you seek your own independent legal advice."

Im confused, is it still not their responsibility? They are the ones that pursued the CCJ even though they knew all they had to go by was initials and not even a full name? Or am I supposed to ask for compensation from Parking Control Management?

Of course it isn't.  They only acted as agents of their client. It is the client you need to challenge, but I suspect you will be throwing good money after bad.

For example, unless you can get written confirmation that the only reason you lost the business opportunity was because of your CCJ (and I suspect no one will willingly go on the record stating that) you essentially have no losses.

Thrugelmir

You presumably received correspondence prior the CCJ being issued. Why did you take no action? 

urbanlegend179

Thrugelmir said:

You presumably received correspondence prior the CCJ being issued. Why did you take no action? 

Because it was not addressed to me.

The CCJ was issued using initials only, not my name. 

Fighter1986

If these were your initials you had the right and obligation to open the mail and challenge the claim at court before it appeared in your credit file.

You also had / have the right to counter-sue if you can prove due dilligence wasn't undertaken and if you can quantify financial / reputational loss. 

If they weren't your initials then it is the credit reference agencies who incorrectly mapped data pertaining to someone with different initials to your personal credit file.

The credit reference agencies would have had 28 days as per ICO guidelines to resolve the issue once you had made them aware of it. If they did not do this within 28 days of you raising the issue to the credit reference agencies, the that's grounds for complaint and recompense.