Ccj placed on my file incorrectly

Robbobss

Hello 

For a number of years I’ve been sending my credit file from check my file .com to independent mortgage advisors and they all keep coming back and saying I won’t able to get a mortgage for years. I have no defaults and have good credit and never understood why. 

Recently I went with another mortgage advisor who told me I have a ccj on my file reported by crediva 

knowing that I have never had a ccj and never been to court about a ccj I had a look and it seems a ccj has been placed on my file and paid off in court and that I have lived at 2 addresses that I have never lived at.

after ringing the courts and giving them the reference they are asking me to pay £275 to have the case looked at again even though the ccj isn’t mine! 

crediva have admitted in a final response that there was an error in recording the ccj and it was somebody else living at both addresses with same name and date of birth. They have said they will remove the ccj and addresses but have offered no apology or compensation for the fact I’ve not been able to get a mortgage.

surely this is deformation of character? 

The financial ombudsman have said that because it is a ccj and the courts a higher jurisdiction than the ombudsman they will not pursue my complaint further but sympathise with my situation and recommended I seek legal advice . 

Does anybody know where I stand with this? 

I want compensated for the anguish this has cause me.the Ccj is still not removed either even though they said they would.

somebody please help 

Brie

I don't think you will get much in the way of compensation but I would expect that crediva should be paying somehow to get your record corrected.  I know there's often talk about such corrections on the motoring forum when people are given a ccj following on from a parking notice - it might do well to have a look over there.

Robbobss

The point is though the ccj is not mine I’ve never been to court I’ve not paid off a ccj and I’ve had no parking fines or anything in the past. They have admitted that.

cymruchris

The challenge with compensation is to prove actual quantifiable physical £'s loss as a direct result of their actions. Being turned down for a mortgage MAY have been because of this - but it COULD also have been other factors. Credit files aren't instantly updated either - so if they have confirmed they will take it off - it might take up to 2 months for you to actually see that it's gone (if you're only accessing free CRA reports). Once off, it might be worth a strongly worded complaint, and see if they offer a gesture of goodwill rather than compensation as such. There are other wiser people than me here who may have a better idea - but I think from my own knowledge that's where you're at - if you can't prove quantifiable £ loss, you can't really ask for compensation related to it. 

MattMattMattUK

The problem here is not really the CCJ, it is your inaction "for years". Normally one would question an inability to obtain a mortgage, one would review ones credit report, would query an unknown/incorrect CCJ. If you had reported it and attempted to have it removed/corrected but had been blocked for years then that would be very different, but you have not. If you had queried this when first looking at mortgages it could would have been resolved in a few months at most.

kaMelo

Robbobss said:

Hello 

For a number of years I’ve been sending my credit file from check my file .com to independent mortgage advisors and they all keep coming back and saying I won’t able to get a mortgage for years. I have no defaults and have good credit and never understood why. 

Recently I went with another mortgage advisor who told me I have a ccj on my file reported by crediva 

knowing that I have never had a ccj and never been to court about a ccj I had a look and it seems a ccj has been placed on my file and paid off in court and that I have lived at 2 addresses that I have never lived at.

after ringing the courts and giving them the reference they are asking me to pay £275 to have the case looked at again even though the ccj isn’t mine! 

crediva have admitted in a final response that there was an error in recording the ccj and it was somebody else living at both addresses with same name and date of birth. They have said they will remove the ccj and addresses but have offered no apology or compensation for the fact I’ve not been able to get a mortgage.

surely this is deformation of character? 

The financial ombudsman have said that because it is a ccj and the courts a higher jurisdiction than the ombudsman they will not pursue my complaint further but sympathise with my situation and recommended I seek legal advice . 

Does anybody know where I stand with this? 

I want compensated for the anguish this has cause me.the Ccj is still not removed either even though they said they would.

somebody please help 

Edited as I didn't realise Crediva was a CRA

elsien

Did you not ask any of the other mortgage advisors  the problem was?  It does seem odd that you just accepted you couldn’t get a mortgage for no obvious reason.

Robbobss

I usually use Experian which doesn’t show the ccj, however maybe 3+ mortgage advisors have asked for a check my file download to be sent and unfortunately I didn’t read right through that one which you could say was my fault. However to blame me for this situation seems a little harsh as I’ve never been to court I didn’t think I’d ever have a cc’d. the first few kortgage advisors said I needed to wait a few years to let me credit get better . It was only the recent one that alerted me to the ccj.

I will write a response to crediva and hopefully get compensation but by the looks of it they have already issued a final response and the ombudsman has wiped there hands with it and said they can not do anything about it.

so who will do anything about it if the financial ombudsman can’t? 

Cheers for your responses guys 

Robbobss

It’s a shame that these companies who have such potential to ruin people’s life’s seem to have no regulator at all willing to keep them in check… again it’s the customer that has to accept some companies mistake is there own mistake .

which I find extremely shocking!

Robbobss

The ccj isn’t mine guys it has been proven via indentity checks by the credit reference agency that’s why they are saying they will take it off because it isn’t mine. And no the ccj only appears on crediva, the cc’d never appeared on any over file. 

So like I said the problem is with crediva not the courts.

that’s why I think the ombudsman should be sorting this out. I think the ombudsman b might have Mis interpreted my complaint as being against the courts and that’s why they have told me they can’t do anything 

artyboy

As already stated, your issue with compensation is twofold:

1) How do you quantify your losses? It's all very well making general statements about 'not being able to get a mortgage' but can you prove that you have specifically missed out on a deal that would have saved you £X over Y years? I doubt it...

2) IF you could demonstrate a specific loss, then you are also responsible for mitigating that loss. And it appears you haven't done so - you've been told multiple times that there was an issue with your credit file but took no further action to investigate.

Finally, this is not defamation of character because no one is putting your credit file in the public domain for everyone to see and ridicule you for!