Arrow Global 32 year old

[Renegade128]

Trying for a mortgage
Arrow/Retsons have a put a CCJ against my wife (oct 2016) to an address we left 10 years ago for a debt from May 31 1985 (yes 1985) we believe its fraud.
How can we get this removed off her credit file asap and how did this get through to the court in the first place
interestingly only on Call credit not experian or equifax otherwise we might have found it earlier
Just been told default in oct 2010

Thanking in advance

gade

[Kati]

Amethyst Debt Camel ??

[Amethyst]

Your wife had a CCJ awarded against her in October 2016 that you have only just found out about. The original debt was from 1985 and allegedly defaulted in October 2010. ( So the only thing that appears on credit file now is the CCJ ? )

Do you have any idea what the debt was ? It's a long time, so possibly a credit card or bank account rather than a loan etc?
And what makes you suspect fraud ?

[jaguarsuk]

Trying for a mortgage
Arrow/Retsons have a put a CCJ against my wife (oct 2016) to an address we left 10 years ago for a debt from May 31 1985 (yes 1985) we believe its fraud.
How can we get this removed off her credit file asap and how did this get through to the court in the first place
interestingly only on Call credit not experian or equifax otherwise we might have found it earlier
Just been told default in oct 2010

Thanking in advance

gade

As the paperwork will have been processed and sent via the Online Money Claim system the claimant will have simply asked for a default judgement (when a defendant doesn't reply to the claim form they can get a default as of right), so it will not have had much in the way of scrutiny. It's not fraud, but sending the claim to an old address can by a sneaky trick these types use to get a default judgement.

You say the account defaulted in Oct 2010, but do you know when the last payment was made to it? Has there been a payment to anybody relating to this debt (debt collection agent or anyone) in the last 6 years?

You are going to have to apply to have the judgement set aside, if successful then the claim goes back to square 1. You will have to file a defence and then claim will be heard with a decision made.

[jaguarsuk]

Your wife had a CCJ awarded against her in October 2016 that you have only just found out about. The original debt was from 1985 and allegedly defaulted in October 2010. ( So the only thing that appears on credit file now is the CCJ ? )

Do you have any idea what the debt was ? It's a long time, so possibly a credit card or bank account rather than a loan etc?
And what makes you suspect fraud ?

a CCA request on this should be a laugh.

[Renegade128]

a CCA request on this should be a laugh.

"At the time we both early 20s and would never have even had a credit card" That's why we suspect either fraud or another person. Way back i think 1987 we applied for a mortgage and another person of the same name appeared but we have had mortgages for over 30 years with no problems until now

[Diana M]

a CCA request on this should be a laugh.

Since the OP's wife already has a CCJ against her, the Judgment Creditor does not have to comply with a CCA Request at this stage.

Di

[Debt Camel]

You have to apply for a setaside,then the case will be retried and you can ask them to produce the relevant documentation to prove you were the debtor. https://legalbeagles.info/library/ho...-judgment-ccj/

[Diana M]

You are going to have to apply to have the judgement set aside, if successful then the claim goes back to square 1. You will have to file a defence and then claim will be heard with a decision made.

Not necessarily.

The Claimant can consent to a set aside and then Discontinue the claim or even consent to a Dismissal of the claim at the same time especially if the Application is made under CPR 13.2.

This can all be done without the need for a Hearing if both parties are willing.

Di

[jaguarsuk]

"At the time we both early 20s and would never have even had a credit card" That's why we suspect either fraud or another person. Way back i think 1987 we applied for a mortgage and another person of the same name appeared but we have had mortgages for over 30 years with no problems until now

My bright spark parents decided to name me exactly the same as my father, including middle name. That caused some confusion once I became an adult and so i know these mix ups can happen.

I assume on her credit file is how you know the default date?

[Diana M]

I assume on her credit file is how you know the default date?

If the account was defaulted in October 2010 (as the OP has said) then the whole account entry will have been removed from the CRA files six years to the day later. So there should be nothing showing on the file after October 2016.

The CCJ will be a new separate entry with no reference to any default date.

Di

[Renegade128]

"no default date from Arrow nothing on her credit report except CCJ

[jaguarsuk]

"no default date from Arrow nothing on her credit report except CCJ

How do you know the default date then if you didn't take the debt out and it's not on any credit files?

Have I missed something or just being stupid?

[Renegade128]

Arrow told us the default date as we had no information

[jaguarsuk]

Okay now I gets it, my thinking is an application to set aside judgement due to court papers being sent to wrong address. Draft Defence of Statute Barred due to no payments made to the claimant in the last six years and default in 2010.