Author Topic: CCJ help for a debt not mine, courts sending back paperwork, help needed  (Read 4688 times)

keiranjfarrell

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Hi,
I need some serious help now. I recently received a letter from northampton county court dated 19th nov 2010. I received this letter on the 10th of dec 2010.
 
This letter was a defaut ccj for a debt id never heard of, immediately i got copys of my credit score and spoke to legal aid advisors. I got the n244 form and asked for a hearing and for this debt to be set aside, i filled out the ex160 to ask for charges to be stoped as i have been on the sick threw and injury for sometime,all the relivent paperwork was sent off to northampton county court within plenty of time. Then christmas came and id had no word back. I contacted them on dec 23 and they said that it had not been processed and i should of received the paperwork back. That didnt come back untill today.
 
This has now taken me over the 28 days required and gives the creditors the right to apply for a warant. This debt 1stly is not mine its in a different spelling to my name and also it appears on my credit score over six years ago at an address i was not living at, my credit score shows all my current and previous agreements and is all green except this marker from 2004. I have not been contacted once from the company alleging this debt.
 
I was only made aware of this alleged debt when i got my credit score and have never heard of this company.
 
Ive been seeking legal advice and was told on the 23rd dec that my advisor dealing with my case wont be in untill jan 4th. No one else is allowed to deal with my case so i have to wait.
 
Today i phoned the courts and they once again were no help and basically laughed about it. Im worried sick as im trying my best to get this heard but every attempt ive made with the court has been unhelpfull. Ive now been told by the courts in contradiction to the advice groups that the defaut counted as a judgement from that date. I never recieved any notice which is also one reason im asking for it to be set aside, I basically recieved the default letter out of the blue, advisors told me i have 28 days from that default before its a ccj against my name, yet the courts say different. Never the less ive just basically wrote out a check for £75 to get it processed.
 
The woman on the phone from the court said "your cutting it fine" totally ignoring the fact ive done nothing but worry and rush about everywhere seeking advice and had the original document to them in time but because they wanted to be funny about my payment its been sent back. She then told me that at any point now a warrent can be issued. Ive been told that the forms wont be processed for 2-5 working days, once again its a bank holiday ive already lost 5 days with last weeks and as i said didnt recieve the paperwork back untill today. By my calculations they wont receive the paperwork untill next tuesday at the earliest and process untill the end of next week by which time a warant could of been issued.
 
Im trying my best to get this all sorted and i just feel like im hitting a brick wall and really need some advice seeing as the person dealing with my case is off untill after the worst could happe.
 
Ive been advised not to contact the claimants what so ever and not to inform them that im asking the courts to push aside this judgement. The courts keep pushing me to do so but i feel this would only make them apply for a warant before i had a chance to get it heard in court. What is there that i can do i cant help the fact that the holidays ment that there has been no post nor ability to get paperwork sooner to them and back etc. I sent within the time guide lines and feel its been deliberately done. The courts keep insisting i make a payment or set up a payment and wont get it into their heads im not paying a penny for a debt that isnt mine.
 
On my credit score the alleged debt shows at start date sept 2004 yet the courts are saying it says the debt is sometime between that date and 2009, surelly they would have to give an actual date and be more specific, also when i informed the court that ive lived at my current address for the past three years she said that the debt was for my current address, yet my credit score shows not one debt for my current address and states this alleged debt is at an address i wasnt living at in 2004. She said its for a catolog yet my credit score shows i didnt open an account with any company untill 2005 over a year before this debt and shows that all months are green on my credit score and settled when i moved address, in actual fact i never used the account and have been informed thats why it will remain green.
 
I also live in a house share which is furnished now and the landlords contract has an items list which states nothing is mine, my housemate and also my self are very worried about this.
 
One question i really want asking is the likelihood that my application to set aside wont be done in time before the claimants ask for a warrent to be issued, as of 5pm today no such action has been taken but obviously my paperwork has only now just been able to be sent back and with once again another bank holiday wont be processed untill late next week, The court is also 250mile away from mine and they have been nothing but ignorent and unhelpfull when ive been trying to get the case sent to my local county court and insisted i had to post to them and request (as i have) within the n244 form.
 
If a warant is issued before the forms are processed what can i do? ive done nothing but run about trying to sort this and its actually making me very ill now, will processing the set asside aplication/getting a hearing automatically stop the warant? ive been told one thing after another, one court advisor said it superseeds anything and stops everything untill im given a chance to have my say in court (thats if a judge doesnt just set aside straight away) and then another is saying they dont know etc.
 
Any advice i would be very greatfull for, sorry for the novel.
 
Keiran

James Falla

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Hi there Keiran
 
Sorry for the late response as I have not been around for a while to post on this forum.
 
Have you heard any more about your situation? Have you now had success in setting this debt aside? My initial reaction is that you are doing the right thing. From what you are saying I assume you are worried that the creditor concerned will try and apply for a charging order or other action against you.
 
Given that you believe that you do not owe this debt I do not think you have much to worry about. However, I would certainly be contacting the origional creditor and trying to sort it out with them. At the very least you should write to them to confirm that you do not owe the money and that they are chasing the wrong person.
 
I am not sure why you have been advised against this. If they are not helpful or do not want to listen, then you should complain to the OFT (office of fair trading) who have been campaigning against this type of practise recently.
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keiranjfarrell

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Hi thanks for replying.
 
I'am still waiting to here from the courts, they received all my paperwork on tuesday morning. Would of been quicker but for the bank holidays  :-[
 
Ive contacted the police and they are not willing what so ever to persue any legal action so im stumped on that end.
 
Im very worried they will get a warrant and come to my address, i live in shared rental with a friend of mine and everything within the house belongs to the landlord and him (His mother owns the house and hes in a good job). Im pretty annoyed as my credit score is perfect and all green and upto date and this marker has now created so many problems.
 
I was told by solicitors that contacting the claiments would be an admission of the alleged debt, for this reason alone i have made no contact. I spoke to a friend of mine who is a solicitor but his field isnt civil, never the less he has given me as much help with letters etc but as for the do's and dont's and cans and cant's he cant help, I have wrote a letter to the solicitors claiming this now and thats in the post, basically not acknowledging the alleged debt and providing proof. The most confusing part of all this is how the courts allowed them to take a CCJ out against my name when there is no debt or account on my credit score with the account number they are claiming for.
 
My credit score shows all my credit agreements current and forfilled. This account number is not on there which really adds to insult with the court just allowing them to do this.
 
Ive tryed contacting the courts all day friday and thursday with no hope. I'am position 17 in the queue etc. Ive just received a phone bill with £50 of calls over the last month trying to sort this, I sent a cheque with this paperwork and as of today it has not been cashed. Ironically upto now i have spent including post, calls and now the cheque. Close to the actual alleged debt total. Hmmmmm great eh.
 
Today i received an email stating there had been changes to my credit score, fingers crossed i went and looked but sadly nothing to report from what i can see it says "Notice of Correction/Dispute New/Deleted" Im just wondering if this is the courts?? as this has been added to my credit score yesterday. Sadly i cant view nothing to what this is about but considering there is only this CCJ thats on there thats currently wrong im hoping its the courts placing the dispute from me.
 
All i could find on google linked to that notice was that this would usually happen if i had written a notice of correction or something on there was disputed via a 3rd party. I havent written a notice of correction so its not me.
 
I phoned by legal aid and was very sad to hear they wont be able to help me no more as the alleged debt total is less than £2000, you would think they would sooner help people with smaller amounts before they spiral.
 
At the moment im living in fear of every knock on the door and told my housemate not to answer the door. Im just hoping that this dispute on my score is the courts and will untill its processed now stop anyone coming.
 
Its just so annoying considering i have spent years building up my score so that one day i can buy a home, i never miss payments on anything and have several credit agreements which are totally upto date. Now this court action has put a massive red colour on my score and im scared it will effect everything.
 
Very annoying the police wont do anything, their words "identity theft isnt really a crime, the only crime is against the creditors from the thieves, they are the ones having the theft against them not you" I explained i have a marker because of this and also at anytime bailiffs could come. But they still wouldnt do anything. Unless money or goods has been directly taken from me its not a crime. :(

James Falla

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It certainly is an annoying situation Keiran
 
I do not expect that the police would be any help in this instance it is not really their area as this would probably be classed as a civil dispute (as with other debt issues).
 
I understand that if you have been advised by a solicitor not to, then you should follow this advice and not contact the original creditor. However, I would definitely be lodging a complaint about this whole situation with the Office of Fair Trading (OFT). It seems to me that far to many creditors are getting away with this king of thing and the OFT certainly want to hear about examples of where it happens so that they can build a case against certain creditors.
 
They did take action at the end of last year against Aktiv Kapital in this area. Please have a look at the article entitled "Debt Collection Firm warned for targeting wrong people" on the 24th Nov 2010 in the Beat My Debt News and Articles section i you are interested to get more information on this.
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keiranjfarrell

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Hi i have an update to this on going problem, Ive posted on http://www.debtforum.org.uk/index.php/topic,794.0.html in continuing from this post.
 
Ive managed to get a date for hearing but im really lost to what to do next. Be great if you could read that link to todays post and get back to me.
 
Keiran