CCJ for a debt that was reported as fraud

[Confuzzled]

Ok, I'm really hoping you can help me and my husband with this. My husband received a notification his credit score had changed yesterday, he checks and there's now a CCJ and a linked address on his file.

We're checking but pretty certain this relates to a default (with the same linked address) we discovered on his file last year. When we discovered that last year we contacted the debt collection agency (DCA) because this was fraud. We have never lived at that address but it is where a relative of my husband used to live and he has form for this sort of thing (attempted to use my husbands details a few years back but we got it stopped...seems he made this earlier, successful attempt which we only discovered last year).

We reported to action fraud, gave them the crime reference number. The DCA came back saying the creditor they were acting for wanted to see a council tax bill from the time of the default to show my husband wasn't living at that address. We sent that. Then nothing happened. Husband chased for several weeks and didn't hear anything back so complained to the financial ombudsman. They emailed a few weeks later, saying they were starting to look into it. Literally few hours later the DCA emails to confirm the default and linked address would be removed from my husbands file.

It was removed and we thought everything was sorted. Until yesterday. Now there's a CCJ, just like the default last year the first name is spelt slightly wrong, the date of birth is one day out and the address is one my husband has never lived at....yet it's been put on his credit file. We reported that account as fraud, yet this has been put on his credit file again!

What do we do? Get it set aside, not sure where to start with that? Back to the Ombudsman? Complain to DCA/creditor and hope they remove?

Really stuck and fed up with this.

[Amethyst]

You will have to apply to set it aside I'm afraid, however you should first make a complaint and ask the claimant/judgment holder to consent to the setaside.

Do you still have copies of those emails where the DCA confirmed it would be removed as it was fraudulent. Is the CCJ from the same DCA or had they sold it on ? and are you 100% certain it is the same debt ? ( horrific as it sounds, there weren't more fraudulent loans/accounts opened as well?)

First step though is to give the court a call and ask if they can send you a copy of the claim and the set aside forms ( you can get them online so it's okay if not, but you do need a copy of the claim )

[Confuzzled]

Yes we have all the emails. It looks like the same thing, the CCJ is £100 more than the default so I guess that's a court fee added.

My husband emailed the DCA (Debt Management (Services) Ltd) and they told him they'd sold the debt on to something solicitors (can't remember the name he said). So they sold on a debt that they knew had been reported as fraud. DML told us last year it was a Next account (they let this slip accidentally I think, originally they wouldn't tell us anything because my husband couldn't pass the security questions as the date of birth on the account is different to his!) Looking at other posts on here I assume it's Restons solicitors that have got it now.

Haven't called the court yet, terrified of doing something wrong. So husband is trying to contact a local solicitor to deal with this.

[jaguarsuk]

So they sold on a debt that they knew had been reported as fraud.

Of course they did, they paid for it and wanted to recover some of their losses. These companies have no morals.

Send a Subject Access Request Letter to Debt Management (Services) Ltd to establish what they noted down and then also to the new claimant for what they knew.

You could potentially counterclaim against the currently claimant if they knew this to be fraudulent and launched a claim anyway. You may also have a claim against DML for their negligence in selling a known fraudulent debt on plus any information they omitted from the new claimant of such.

First and foremost though is to find out from the court whom the Claimant is along with the address the documents were served upon and write to them asking that they consent to set aside of the judgement.

[Amethyst]

Here is the set aside info if you need it later - once you have copies of the claim and judgment....

Set Aside Application

[Confuzzled]

Ok, the solicitors we called haven't got back to us, so we've put our grown up pants on and are doing this ourselves.

Husband has called the court. It is Restons who've done this. They advised him to speak to them but emailed him the N244 and some guidance notes in case he needs them. No sign of the actual judgement...would they even give that to him since it's not really about him? We had this issue with DML last year because the date of birth wasn't his he couldn't pass security questions. They'd tell him since the debt wasn't his they couldn't tell him anything about it. They only let slip it that their client was Next by accident.

Husband has tried calling Restons. Got stuck in a phone queue, then told they were too busy and to leave a voice mail. So he's done that but will try again later if he doesn't get a call back.

So we ask them to set it aside, should we follow up the phone call with a letter or email saying the same thing? What happens next if they agree to the set aside?

[Amethyst]

lol @ grown up pants … it's not difficult, just a little time consuming.

It is a good idea to write to Restons and ask if their client ( do we know who that is if it isn't DML ? ) will consent to set aside the judgment. If they consent you can apply without a court hearing and it will cost £100 ( which you can ask the court orders the judgment holder to pay you ) Otherwise it will be £255 fee ( also asking to recover that from the judgment holder ). Once set aside the judgment is removed and you have the opportunity to defend the case. The judgment holder won't be Next - that will be the original creditor - the judgment holder will be someone like Hoist who will have purchased the debt from Next in a big bundle of other debts. DML used to only act FOR people but recently have become debt purchasers, so could also be they have purchased the debt from next and issued the court claim in their own name. Does the register or credit file not say who the judgment holder is ? ( Restons are just solicitors who act for the debt companies)

Once set aside you will be able to send off a CCA request for the original agreement.

You could NOW send off a Subject Access Request to DML, whoever the judgment holder is, and NEXT. Might come in useful later. Subject Access Request Letter


Here's our basic guidance on set asides - Set Aside Application

[Confuzzled]

Husband got hold of Restons. They've confirmed the debt has not been sold to them, they're acting on behalf of DML!!! The liars said they'd sold it.

He's called DML, says he ripped seven shades of excrement out of them. He says that but I know he will have been utterly polite about it, not that they deserve it. Restons now have a copy of the email trail in which DML agreed to remove the default because we'd reported it as fraud. Not sure what now...hopefully DML come back to us, tail between legs and consent to the set aside. If not we do it anyway and make sure it costs them.

Still not sure if a SAR would work. I've read of others who've been fraud victims being told they can't have the information because, whilst it has their name on it, if it's fraud it's not really their data. Certainly DML wouldn't tell us anything before.

[Amethyst]

The cheeky sods.

With the SAR a response from DML saying ' we can't send you the info as it's not your info' will help with the defence after set aside, IF DML make you go through that palava.

How've you left things with Restons? are they asking their client to consent to set aside? ( when speaking to either Restons or DML ask them to confirm your conversation in writing ( email is okay ) so that you have a record )