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    • englishpaul
    • By englishpaul 12th Oct 16, 7:08 PM
    • 1Posts
    • 0Thanks
    He got a CCJ that is nothing to do with him...
    • #1
    • 12th Oct 16, 7:08 PM
    He got a CCJ that is nothing to do with him... 12th Oct 16 at 7:08 PM

    My 22 year old son and his heavily pregnant wife have just been turned down for a private flat rental because the credit search threw up a CCJ supposedly in his name.

    It turns out that the debt was his mother's and it was simply in the name of Mr. Smith in error. The debt [nearly 3000!] was accrued from his mother's car getting put into storage and the bill not being paid.

    All this took place some five years ago, my son was no longer living with his mother by then, he'd ended up in care and was living 100 miles away.

    The debt only mentions Mr Smith not Mr Adam Smith but the address is his mother's and he would have been the only male Smith at that address - were he living there.

    My question is, why did this debt get put on my son and how can he get this removed from his name?

    CAB have suggested reopening the case but that will cost 255 and is not guaranteed a result.

    He only works on a zero hour contract for Wetherspoons so cannot afford to splash any cash.

    I'm not in a position to offer any help either, so I'm looking to see if the hive mind can throw up some logical action to help him find a way forward...

    Thanking you in advance...
Page 1
    • sourcrates
    • By sourcrates 12th Oct 16, 7:46 PM
    • 14,011 Posts
    • 13,265 Thanks
    • #2
    • 12th Oct 16, 7:46 PM
    • #2
    • 12th Oct 16, 7:46 PM
    All he can do is try to get the judgement set aside, like CAB have suggested, on the basis that he was not the debtor.

    To be honest he has a reasonable chance of winning, as they obviously have the wrong person.

    He can get remission on the court fee, up to 100%, if he's on a low wage.

    But it will disappear from his file completely within a year anyway, so may be best to wait it out.

    Is he been actively chased for the debt ?
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    • #3
    • 14th Oct 16, 6:09 PM
    • #3
    • 14th Oct 16, 6:09 PM
    Hi there,

    A set aside is the only option to challenge the judgement. The CAB and Sourcrates are right about the fees - it is a 255 application fee that can potentially be waivered with an EX160 form. If he wins then the CCJ will be removed from his file. If he is going to do this he should consider some legal advice before starting because if he submits the application and loses then there is a risk the debt can increase through legal costs of the other side.

    On the other hand, if it remains undealt with then there is a risk of court enforcement, such as bailiffs. He is stuck a bit between a rock and hard place now he knows about this. Ignoring it is a risky strategy, but offering instalments to pay (to prevent bailiffs) means he is accepting liability - which I don't think is really on the table at all from what you have said. We have a factsheet about set asides that may help -

    Last edited by National Debtline; 14-10-2016 at 6:10 PM. Reason: wording
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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