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CCJ but wrong company

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  • CCJ but wrong company

    Hi All,

    We recently began to receive a lot off calls from companies saying there was a CCJ against us. We did not think much of it because we are up to date with payments and we had not received anything about it. However we did an Experian check and there seems to be 3 CCJ's on our credit check. After looking into it there is a company with a very similar name to us who the CCJ's are meant to be for but an administration error somewhere has put them on us. The address is completely wrong and we cannot work out how this could have happened. The company the CCJ's should be attached to are dissolved.
    We called up the courts who would not help because we didn't pass the security check because we are not the right company!!
    The only option we have been left with is to pay a company to try and remove the CCJ's. However we are now worried about this happening in the future. Is there any way to stop it?

    If we ever find out who has filled the CCJ can we make a claim against them for loss of earnings and expenses? Is there a way to find out? This has been very stressful and looks extremely bad on our company.

    Is there any chance that the companies contacting us could have filled the CCJ's themselves and it is a scam so we pay them to be removed?

    Any help appreciated!
    Tags: None

  • #2
    Hi Woodstock18

    Write to the Credit Agencies, explain what's happened, how it's effected you and what you want them to do - remove the CCJ's.

    Explain that if they don't remove the CCJ's then you will make a Formal Complaint to the ICO.

    Do everything in writing. Don't pay anything, it's not your debt. This breaches Data Protection Principles. Send the following template, make sure you get Proof of Postage -

    https://ico.org.uk/your-data-matters...ata-corrected/


    You can search the CCJ to track down who is responsible :-

    https://www.gov.uk/county-court-judg...-credit-rating

    https://www.trustonline.org.uk/

    Write a Formal Letter of Complaint, ask to be compensated, if you aren't happy with their response, once you get a final response, lodge a complaint with the FOS.

    https://www.financial-ombudsman.org.uk/

    Comment


    • #3
      You file a set aside request to the courts but unfortunately it is £250 a pop if the claimant company do not agree or £150 if they do. You defend with the fact that an incorrect name was used and you then claim the costs from the claimant company.

      The court seems to be obstructive as court records are, I believe public.

      Those with more detailed knowledge of the subject will be along soon.

      Comment


      • #4
        Originally posted by ostell View Post
        You file a set aside request to the courts but unfortunately it is £250 a pop if the claimant company do not agree or £150 if they do. You defend with the fact that an incorrect name was used and you then claim the costs from the claimant company.

        The court seems to be obstructive as court records are, I believe public.

        Those with more detailed knowledge of the subject will be along soon.
        The company the CCJ's should be attached to are dissolved.
        We called up the courts who would not help because we didn't pass the security check because we are not the right company!!

        Comment


        • #5
          Thank you for your help, all is appreciated. As advised we called Experian, Trust online and then the courts this afternoon.
          It turns out that courts do not use company numbers so it is purely placed on a company name. The addresses are irrelevant. It all goes on the claimant having the correct paperwork, which in this case they have not!!

          We have found out that it is a company that dissolved in 2019 but have a very similar name to us. They have a parking charge that has not been paid.
          A company called CST have filled the CCJ, however we are having issues getting through to them.

          When we finally do get through to them where do we stand in regards to claiming expenses/damages?

          If this is not cleared within the next few days we stand to lose a substantial amount of money which will affect the running of our company in the future.

          Thanks again!

          Comment


          • #6
            So you know who the claimant was so you ask them if they will agree to a set aside at a cost of £100. If they don't agree then it's the £250 touch, you get the case set aside, then defend and claim from them for failing to check the details of the claim before they issued it

            Comment


            • #7
              Thanks Ostell, can we then claim damages against them?

              Comment


              • #8
                It looks like they are regulated by the SRA, so you can lodge a complaint against CST with the SRA.

                https://www.sra.org.uk/

                Comment


                • #9
                  That is really helpful ECHAT11, thank you!

                  Comment


                  • #10
                    Originally posted by ostell View Post
                    You file a set aside request to the courts but unfortunately it is £250 a pop if the claimant company do not agree or £150 if they do. You defend with the fact that an incorrect name was used and you then claim the costs from the claimant company.

                    The court seems to be obstructive as court records are, I believe public.

                    Those with more detailed knowledge of the subject will be along soon.
                    deleted

                    Comment

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