CCJ help need ASAP

[markcus1991]

Hi

im looking to get a mortgage soon so I did a credit check and found a CCJ on my report from 2014. Now I know the report is from a Anglian water account which should never have had my name on it! At the time I was living and caring for my mother, I remember she struggled speaking on the phone so I may have spoke to them over the phone regarding my mother’s account but should never have been on the account, they have even spelt my name wrong and put my middle name down as J which is what my mums is. Further to this I had moved out of the property halfway through this account and was paying Anglian water in my own name In a completely different address which I was living in by myself.

Any help on how to get this sorted and hopefully removed will be greatly appreciated.

Markcus

[Amethyst]

Does your mum still live at the address where the CCJ was issued ?

[markcus1991]

Hi thanks for your reply, no my mother sadly passed 3 years ago and she did move out of the address around the beginning of 2014

[Amethyst]

Ok, I did supect that might be the case. Thank you xx

Did you deal with your mums estate after she passed ?
Was the CCJ issued at your mums old address from 2014 or her later address ? ( have you checked that with the court or AW at all ? - if not it's worth contacting the court and asking for details of the claim to be sent/emailed to you explaining you've just found out about it and want to apply to set aside - they might charge you £10 for getting the info )

I'd also send a Subject Access Request to Anglian Water now to see what background of the account they can give you (Subject Access Request Letter)

[markcus1991]

Hi so I’ve spoken to AW today who confirmed my name is on the account and that it was put on from that start Aug 2012 they said the account was closed August 2013 when new tenants had moved it and informed them of this, they said all letters were sent to this address despite knowing we no longer lived there and that I had an account with them at my new property and my mother would have had one at her new property. I’ve spoke to the council who are going to try get a tenancy agreement sent to me showing that everything was in my mother’s name to try and further prove that I should never have been named on the account. I’ve also contacted the court with the case number and explained my situation to them. Hopefully I can get somewhere soon!

[Amethyst]

You shouldn't have a problem getting the CCJ set aside, as AW have said that they were aware you didn't live there, and presumably you weren't exactly hiding, were on the electoral roll and had a credit file etc after moving. They are obliged to do some checking to ensure the address is current, and in their case they KNEW in advance of issuing that it wasn't. So that should get the CCJ removed.... however whether you can defend the case from that point is another issue - if the account was in your name when it was first set up then it may well be a legitimate debt if the arrears occured after you'd moved out while your mum was still there and the account details weren't changed.

How much is it for ? You could try get it set aside ( ask AW to consent ) and then pay it off so it doesn't get reapplied.

[markcus1991]

Thank you for your replies, the CCJ is showing as discharged on my credit report so does this mean it’s already been paid?

[Amethyst]

Hmmm yes it would do, though normally it'd say satisfied - what credit ref agency are you looking at ? Could be that the CCJ has been sold on to a Debt collection agency, or it may well have been paid off when your Mums estate was sorted, or possibly she might even have paid it off when the CCJ was first obtained and it shouldn't be showing at all.

It might be worth checking the register of judgments - https://search.trustonline.org.uk/Search/Person - to see what that says ( or again, give court a call and ask them the current status )

Otherwise I think doing the SAR to AW will help figure it all out - might also be something in the info the court sends to you .... you need to know the position to know whether to go to court to set aside the judgment, or whether to be challenging the registry trust / credit reference agencies on the record.

[Debt Camel]

If you lived in the property and there was a bill that was not settled by the account holder, then you would have been jointly and severally liable for it. So just getting your name taken off the account will not help as you may still be liable.

A Subject Access request to Anglian Water may clarify whether the bill that resulted in the CCJ related to a period you were living in the property or not.

Could the debt have been repaid by whoever was the executor for your mum's estate?

[markcus1991]

Hi debt camel and thanks for replying
it would appear from Anglian water that the account has since been settled so there is no outstanding debt it’s now just trying to get the CCJ removed from my account as I had no idea this was going on. I will be applying for it to be set aside based on the fact that I had moved out the address and they had my details but for some reason didn’t make any effort to make me aware of this.
If there is still a debt on the account I will still apply for it to be set aside and I’m more than happy to settle it as it’s only a small amount (£288)
hopefully the application will be a success and I can move on from this!

Thanks

[Amethyst]

You should ask Anglian Water to consent to the set aside before making the application.