CCJ Issued Against Me Isn't For My Debt? (Asset Collections & Investigations Ltd)

[Anzeneu]

I've received a letter from HM Courts & Tribunals Services (On behalf The Centralised Attachment of Earnings Centre).

"MY NAME
MY ADDRESS

RE: Case Number XXXXXXXX DEBTOR COMPANY VS MY NAME

Please find attached attached documentation that was sent to a previous address. This is a County Court Enforcement document and the form N56 must be fully completed and returned to the address stamped thereon. This must be FULLY completed and returned within ten working days, from the date of this letter to avoid escalation. This will give you a chance to pay the debt of your own volition under a Suspended Order without the intervention of your Employer. Yours sincerely, A Proper Officer"

Inside is a letter headed "Notice of Application for Attachment of Earnings Order

Judgement Debtor:
MY NAME
A RANDOM ADDRESS
I'VE NEVER LIVED AT

To the judgement debtor,

The judgement creditor obtained a judgement against you in the County Court Business Centre and as you have failed to pay as ordered, the judgement credit has applied for an attachmenet of earnings order requiring your employer to pay the judgement.

Unless you pay the judgement creditor the amount now due (shown below), you must complete the enclosed form of reply, including the statement of means, and send it to reach the court office within 8 days after you receive this notice.

Failure to reutn the reply form and the statement of means is a punishable offence. It will result in your employer being contacted and you may also be sent to prison for up to 14 days.

Balance ~£350
Attachment Issue Fee ~£100"

Then a couple of forms asking for income breakdowns and ones threaning bailiffs and prison.

The issue? Not only do I have no knowledge of the original address, I also have no knowledge of this debt and this would be the only correspondance relating to it!

I've just called the debt agency, was asked some security questions, but as their records don't match (date of birth, middle name, address, email address) they can't discuss the account as it would breach Data Protection Act and are unwilling to present any correspondance on the matter!!

So a couple of questions, as this is a "judgement against you in a County Court", is this literally a CCJ, as in, will appear on my credit file etc?

I'd imagine this agency has used a tracing company to get my details and without checking, put this forward to the court for a judgement... absolutely boggles the mind

So where do I go from here? The Judgement Debtor refused any email correspondance (which I wanted for physical evidence of them acknowleding this wasn't my debt) and advised I send a letter to the court? I can imagine a letter of "I think you have the wrong guy, this isn't my debt, honest" would be laughed and thrown out?

Please advise, I don't know what to do...

[seduraed]

More knowledgeable beagles will be along.you will have to apply for a set aside N244 i believe there are strict timescales for making the claim.

[jaguarsuk]

Yes, this is a CCJ and it will appear on your credit file. If you don't already have online access to your report Noodle is free.

On noodle the creditors entry on your credit file should have the date of birth the creditor has and if they haven't updated it to your current address the one they will have on their file. If so, voila you have the details to provide for security when communicating with the creditor.

Who is the creditor?

Dealing with this will require an application to set-aside the original judgement, but we'll come to that when more facts are know.

Come back to let us know how you get on with the credit file and accessing the creditors information.

[R0b]

The wording appears to sound legitimate but without seeing a copy of the document it's difficult to tell if it is or not. There should be a claim reference number at the top of the document so it might be best contacting the court and quoting that reference to confirm if this has in fact been issued y the court.
The letter appears to be an attachment of earnings order so it looks like the claimant has issued a claim, obtained (presumably default judgment) and then as you have not paid within a relevant period of time, they've sought to enforce the order through attachment of earnings.

As JaguarsUK has suggested, if you have no knowledge of the debt then you might want to look at making an application to set aside the judgment so that it puts you back in a previous position to allow you to file a defence.

I would suggest you look at the link below which gives some guidance on doing this. Once you've read it and are happy to proceed then we can help you some more but I would caution against making any payment at all as you might struggle to set aside the CCJ if you do.

http://legalbeagles.info/forums/foru...tailed-version