Unknown CCJ / How to be sure I've found all debt!

crum · 27 November 2012 at 6:57PM

Hi all

I've been trying to get myself debt-free for a while but everytime I think I'm there something else pops up.........HELP!!!!!

I've recently found out I have a debt owing to Anglian Water.....the dates are wrong so the amount will be less but still I had no knowledge of this outstanding debt from 2010/11 until this month. Fine if I owe the amount I am happy to pay it so long as it's changed to reflect the date I moved out.

However, upon my phone call I also find out I have a CCJ registered against me for a much higher from 2009/10 for a previous address. Again, I had no knowledge of this and it wasn't appearing on my Experian or Equifax report I ordered 3 months ago?? I only found out by chance.

My questions
1. How do I appeal the CCJ? What are my chances of getting it overturned?
2. I have suspicions as to whether this particular bill was in my name. Would they have traced me as being associated with my ex-wife (who I later found was prone to hiding bills and using the money on anything other than bills)
3. This is not the first time I've stumbled upon a bill that is not showing on my credit report......how can I be sure I've found every outstanding bill????

I WANT TO BE DEBT FREE!!!!!!!!!!!! AND THIS IS DIVING ME BONKERS....!!!

Any help, advice, suggestions...anything!! would so so appreciated.

Look forward to your response.
Crum on the carpet.....:A

Wywth · 28 November 2012 at 10:04AM

crum wrote: »

Hi all

I've been trying to get myself debt-free for a while but everytime I think I'm there something else pops up.........HELP!!!!!

I've recently found out I have a debt owing to Anglian Water.....the dates are wrong so the amount will be less but still I had no knowledge of this outstanding debt from 2010/11 until this month. Fine if I owe the amount I am happy to pay it so long as it's changed to reflect the date I moved out.

However, upon my phone call I also find out I have a CCJ registered against me for a much higher from 2009/10 for a previous address. Again, I had no knowledge of this and it wasn't appearing on my Experian or Equifax report I ordered 3 months ago?? I only found out by chance.

My questions
1. How do I appeal the CCJ? What are my chances of getting it overturned?
2. I have suspicions as to whether this particular bill was in my name. Would they have traced me as being associated with my ex-wife (who I later found was prone to hiding bills and using the money on anything other than bills)
3. This is not the first time I've stumbled upon a bill that is not showing on my credit report......how can I be sure I've found every outstanding bill????

I WANT TO BE DEBT FREE!!!!!!!!!!!! AND THIS IS DIVING ME BONKERS....!!!

Any help, advice, suggestions...anything!! would so so appreciated.

Look forward to your response.
Crum on the carpet.....:A

1. Have you asked at the county court? They'll explain if and how it may be possible to appeal a CCJ. If you can/do appeal, what your chances of having it overturned are will depend on the basis of your appeal.

2. Not sure why you think they would have sued you if the account was in someone else's name? Not sure why you think the account would be in someone else's name if you were living at the property at the time.

3. If you keep your creditors up to date with your current address, you'll find they'll be able to contact you easier

CAB_Swansea_Bay_representative · 29 November 2012 at 7:36PM

Hi crum, thank you for your query regarding Unknown CCJ
It sounds like you have done the right thing by applying for a credit report and it is unusual for a CCJ not to show up on it although it is quite normal for utility arrears not to show on a credit report as only a few utility companies have signed up to using credit reports and most of them only recently. A credit report is only as good as the information you put on it so if it did not include all your previous addresses then some debts could be missed but a credit report will never show all debts unfortunately.
You can apply for a set aside of a CCJ on form N244 and explaining your reasons for applying for it to be set aside e.g. you did not know about the debt as you thought the payment had been made by your ex and if you had known you owed the debt you would have paid it before it got to this stage or if you have evidence the water account was in your ex's name only you may be able to argue that you have not had the opportunity to put in a defence as the summons was issued to an old address. It is up to the court whether they set aside the judgement and there is a fee of £80 although you may get help with the court fee if you are on certain benefits or on a low income using form EX160. Having a CCJ set aside does not mean you do not owe the debt but does cancel the judgement and give you the chance to pay or dispute the debt. You can find more information about applying for a set aside at https://www.adviceguide.org.uk
Regarding finding any other debts I would suggest you make sure your name is on the electoral role and that your current address is registered on your credit report and your creditors will usually find you.
Hope this is of assistance

Wywth · 30 November 2012 at 10:41AM

CAB_Swansea_Bay_representative wrote: »

You can apply for a set aside of a CCJ on form N244 and explaining your reasons for applying for it to be set aside e.g. ...if you have evidence the water account was in your ex's name only you may be able to argue that you have not had the opportunity to put in a defence as the summons was issued to an old address.

Wouldn't it be easier and simpler to argue that it's not the OP's debt?

Remember, a claimant needs to prove a claim, based on the balance of probability, even where no defence has been offered, and that is why it surprises me a CCJ would have ever have been awarded against the OP in such a situation.

Unknown CCJ / How to be sure I've found all debt!

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