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CCJ for someone not at my address

bootlegbob
Posts: 5 Forumite

In January this year I was contacted By DBCL with regards to an unpaid parking ticket from 2021, for a vehicle I do not own , issued by Parking Control ltd , and I was not even on the country at the time .
I have DCBL the address of the person and they told me that no further letters would cone to my address .
I recieved another letter from DCBL in April and wrote on the letter, return to sender not this person is not at this address .
Then on 25th May I recieved a ccj for this person at my address which now appears on my credit file .
I have called DCBL who at first refused to speak to me at the CCJ was not in my name as did Parking Control .
I called DCBL again and got through to someone with common sense who then said yes we recieved the letter back with not known at this address and also confirmed I had called them in January .
Now they have asked for my ID which I have sent along with a scan of the first letter from January and I am awaiting to hear back from them
I now have a copy of the driving licence of the person for who the parking fine was issued to and a letter explaining they have never lived at my address and live at the address on their licence.
Should DCBL not take steps to remove this CCJ from my credit file what would be my next steps ?
This person is a family member who has no financial connection to me whatsoever
I have DCBL the address of the person and they told me that no further letters would cone to my address .
I recieved another letter from DCBL in April and wrote on the letter, return to sender not this person is not at this address .
Then on 25th May I recieved a ccj for this person at my address which now appears on my credit file .
I have called DCBL who at first refused to speak to me at the CCJ was not in my name as did Parking Control .
I called DCBL again and got through to someone with common sense who then said yes we recieved the letter back with not known at this address and also confirmed I had called them in January .
Now they have asked for my ID which I have sent along with a scan of the first letter from January and I am awaiting to hear back from them
I now have a copy of the driving licence of the person for who the parking fine was issued to and a letter explaining they have never lived at my address and live at the address on their licence.
Should DCBL not take steps to remove this CCJ from my credit file what would be my next steps ?
This person is a family member who has no financial connection to me whatsoever
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Comments
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So was all the paperwork and subsequent CCJ in your name? Does this other family member have the same name and DOB as you?0
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No , the ccj is in their name but issued at my address for some strange reason despite me giving DCBL their address in a previous correspondence and their DOB is 30 years different from mine .
The county court weren't much help but my solictor has said I could file an N244 form to have it removed as I have the proof of the person's address , copy of their driving licence and a letter stating where they live , and have my hour in court and it will be removed Then claim back any out of pocket expenses incurred .
But as this is 100% the fault of DCBS Legal I don't see why I should have to go down that path when they should admit their error and they can have it correctly issued and removed from my credit file0 -
The family member has the same surname only0
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So this is a CCJ for a relative of yours? Did you contact them at all to let them know what was happening?? How did you get a copy of their driving license??I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe and Old Style Money Saving boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.
"Never retract, never explain, never apologise; get things done and let them howl.” Nellie McClung
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If the forename is different I don't understand how it has got onto your credit history. You need to contact the CRA and get them to remove the CCJ if it isn't in your name.0
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DCBL can`t do anything, its the court that issues the judgement, and only by applying to the court can you get it removed.
If this company are at fault, they may agree to a set aside by consent, which is cheaper, but otherwise its a case of filling in form N-244, paying your £256 fee, and applying for set aside on the grounds you did not receive the original court papers, and that your defence to the claim is you are not the debtor in question.
You can try reclaiming the fee from them, but don`t hold your breath, although you may be able to ask for costs in court, you may need to look into that first.
CCJ`s are granted in the name of the individual, not any particular address, if the judgement is in the debtors name, I simply cannot see how it could have been reported on your credit file, if you are not that person.
I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Brie said:So this is a CCJ for a relative of yours? Did you contact them at all to let them know what was happening?? How did you get a copy of their driving license??1
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sourcrates said:DCBL can`t do anything, its the court that issues the judgement, and only by applying to the court can you get it removed.
If this company are at fault, they may agree to a set aside by consent, which is cheaper, but otherwise its a case of filling in form N-244, paying your £256 fee, and applying for set aside on the grounds you did not receive the original court papers, and that your defence to the claim is you are not the debtor in question.
You can try reclaiming the fee from them, but don`t hold your breath, although you may be able to ask for costs in court, you may need to look into that first.
CCJ`s are granted in the name of the individual, not any particular address, if the judgement is in the debtors name, I simply cannot see how it could have been reported on your credit file, if you are not that person.
As the judgement had my surname on but no dob they said the probability of it being mine was high and put it on my credit file which kind of confused me as its on my exoerian and transunion file but not my equifax file .
I called equifax and explained and they said as they could not ascertain it was for me due to the first name not being correct and no dob and nobody else is registered on my address they could not be sure ut was mine .
So I have a perfect credit score with equifax but not with experian or transunion0 -
bootlegbob said:sourcrates said:DCBL can`t do anything, its the court that issues the judgement, and only by applying to the court can you get it removed.
If this company are at fault, they may agree to a set aside by consent, which is cheaper, but otherwise its a case of filling in form N-244, paying your £256 fee, and applying for set aside on the grounds you did not receive the original court papers, and that your defence to the claim is you are not the debtor in question.
You can try reclaiming the fee from them, but don`t hold your breath, although you may be able to ask for costs in court, you may need to look into that first.
CCJ`s are granted in the name of the individual, not any particular address, if the judgement is in the debtors name, I simply cannot see how it could have been reported on your credit file, if you are not that person.
As the judgement had my surname on but no dob they said the probability of it being mine was high and put it on my credit file which kind of confused me as its on my exoerian and transunion file but not my equifax file .
I called equifax and explained and they said as they could not ascertain it was for me due to the first name not being correct and no dob and nobody else is registered on my address they could not be sure ut was mine .
So I have a perfect credit score with equifax but not with experian or transunion
If, its just a case of the CRA`s incorrect reporting, you may be able to get them to remove it by making a complaint.
However, if its registered to you at trust online, a set aside will be required.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0
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