advise needed

what_a_smartie22 · 22 August 2013 at 2:13PM

hi just need some advise please, just looked at credit file on credit expert and equifax
both have ccj on file from 2010 both are from same company 3 mobil for a debit of over 1,300 [some phone bill] I never owed a penny the phone was sent back to the shop via there own curia [were its possibly been pinched and re sold]
i had a man from provident call 18 months ago [they had sold the debit to them] with this bill and another from same company I had a sensible discussion with this man which ended in him saying "you dispute both bills" I replied "yes" You will here no more. I never did so I'm now not happy as I did think this was sorted
now what do I do I totally cant afford this I didn't run up a bill I didn't use phone cause could not a signal with it which is why it went back.
any advise please:(

jellie · 22 August 2013 at 2:26PM

Contact the company, in writing, and raise an official complaint. Provide them with all the details, times/dates of conversations, along with any other evidence you have to support your complaint.

Tell them what you want the outcome to be, although I'm a bit surprised you got two CCJs without your knowledge. Didn't you get any paperwork about these beforehand?

Tixy · 22 August 2013 at 2:33PM

When you were originally sent a demand for payment in 2010 (or earlier) did you dispute that with the phone company at the time?

When you received court papers in the post to say that the creditor was applying for a CCJ did you reply to them to state that you disputed the debt?

As this debt has already been to court and the judge granted a CCJ the only way it get it removed from your file is if you make a set aside application to the court and convince them that this debt is not owed.

Do you still have proof that the phone was returned to the shop by a courier? Do you have anything from the phone company that confirms that you cancelled the phone contract at the time? Or a letter from yourself to the phone company at that time cancelling the contract?

Details about a set aside application to the courts are here - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

what_a_smartie22 · 23 August 2013 at 8:57AM

hi sorry for being so long in short I don't have any details at now on the phone it was sent back special D its been to long to find the receipt, I cant find the paper work either.
there were two ccj but I disputed both but only one is still on file both same company I asked the guy to get me a copy of the agreement and prove I had used the phone I never chased it up [thought that was end of it] so guess i got what I didn't ask for in away.

Sinhanada · 23 August 2013 at 9:36AM

You do need to write to them and I would start by sending the letter via recorded mail.

In this letter you need to state when you bought the phone and when you returned the phone. If the phone was on a contract and you have not used the contract at all you may (and possibly will) be liable for the remaining contract and this is what the CCJ will be for.

You also should have been made aware of any court proceedings. If you have been living at the same address and did not receive any paperwork and had no knowledge of the court proceedings you may go to your local magistrates court and seek to make a Statutory Declaration that you had no knowledge of the proceedings. Please be aware though that when making the declaration if you do not tell the truth and it is proven that you have lied you will be liable for prosecution under the Perjury laws.

Tixy · 23 August 2013 at 10:43AM

there were two ccj but I disputed both but only one is still on file both same company

You say there were 2 CCJs? Do you mean for 2 different debts? 1 being the mobile phone contract and one being something else?
Or do you mean you received 2 lots of court paperwork in relation to the 1 mobile phone debt?

When you say you disputed them do you mean you returned the court paperwork prior to a CCJ being granted?
Or do you mean both were granted in court but you made an application to the court to have them set aside?

From what I can understand of your post you only seem to have 1 CCJ on your credit file now. I would start by getting a copy of that judgement from the court. To do that contact the court that issued the CCJ.

advise needed

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