Advice for incorrect CCJ (Incorrect identity, not my debt!)

[sho96]

Hi all,
For the purpose of exemplifying my issue I will use fake names.

Through checking my Experian credit record I found out that I had a CCJ registered under my account under the name that is not my own.

The CCJ was for "Miss Joanne Smith" However my name is "Miss Johanna Smith." I also have a male family member with a similar name "Mr Johnny Smith" and same address. I then contacted Northampton County Court who provided me with more details regarding the claim from SIP Parking over a ticket issued in 2019. I knew straight away it belonged to said family member as I did not even have a licence at that point in time.

I spoke to the family member who was unaware of the claim and ticket as we had moved homes around the date the court documents had been issued so did not see them at all.

I got in contact with SIP Parking explaining the whole situation and they agreed that if the payment for the original fine was made by my family member they would agree to a consenal set aside.

My family member has agreed and paid all request fees.

Please see below the draft wording SIP gave me to sign for the consent order

UPON the parties agreeing that the Defendant did not receive the claim form and the parties agreeing that there be good reason to set the Judgment against the Defendant aside pursuant to CPR 13.3 (1)(b)(i). IT IS AGREED BY CONSENT THAT:
1. The Judgment entered against the Defendant on 04th November 2021 be and is hereby set aside.
2. The claim and all associated proceedings be dismissed.
3. There be no order as to cost.

My concern is that on the draft paperwork for the consent order to be set aside, it names the defendant as "Miss Joanne Smith". I am worried that this will still reflect on my credit record as if I were the one who incurred the fine and the judgement. Should there be a line that also states that the judment was made in error/to the wrong person?

Word wording would you advise me to request on the consent order.

[sho96]

AndrewC jaguarsuk apologies for being so direct and tagging you both but I saw you have previously given some great advice on similar matters ! Any input would be greatly appreciated - I do understand my circumstance is slightly more complicated.

[jaguarsuk]

I would ask them to amend the wording to

UPON the parties agreeing that the Defendant did not receive the claim form and the Defendant being incorrectly named in this matter the parties agree that there be good reason to set the Judgment against the Defendant aside pursuant to CPR 13.3 (1)(b)(i).

** Edited: For the reasons given in post #5 **

I would want paragraph 3 of the consent order altered to 'Parties bear their own costs' if it was me. While there is no leave to apply in the order there is also nothing stating someone couldn't make an application either, this wording means neither party can seek costs from the other for any reason.

When you ask them to amend it explain to them why you would like it amending to that (copy and paste what I have written if you want).

It doesn't matter what the name is the judgement is associated to the claim number and once the judgement is set aside the entry pertaining to that judgement with that claim number will be updated with Registry Trust.

[sho96]

AndrewC jaguarsuk apologies for being so direct and tagging you both but I saw you have previously given some great advice on similar matters ! Any input would be greatly appreciated - I do understand my circumstance is slightly more complicated.

Thanks a lot for this inisight! Sorry I was struggling to follow why you think it would be best to include CPR 13.3.(1)(b)(ii) also - would asking for the opportunity to defend not lead to actually having to go to court regarding this ?

As for part 3, the family member in question who the debt belonged to also agreed and paid the fees for the consent order (just over £100) so would changing the wording still have any effect.

Finally Northampton County Court confirmed today that the claim was marked as settled due to the family member paying. Will this effect the chances of the set aside being granted as it might look like an admission of liability from me?

[jaguarsuk]

Thanks a lot for this inisight! Sorry I was struggling to follow why you think it would be best to include CPR 13.3.(1)(b)(ii) also - would asking for the opportunity to defend not lead to actually having to go to court regarding this ?

Apologies I read your post wrong I thought they had worded it (ii), the wording should stay as they have written except paragraph 3 of the order in my opinion and have amended my post #3.

As for part 3, the family member in question who the debt belonged to also agreed and paid the fees for the consent order (just over £100) so would changing the wording still have any effect.

£108 with consent, see my answer to the previous question.

Finally Northampton County Court confirmed today that the claim was marked as settled due to the family member paying. Will this effect the chances of the set aside being granted as it might look like an admission of liability from me?

Yes, if the wording of the consent order remains as they have written. To the court it looks like you have paid it, until they get your application. Therefore deficient service might be rejected because paying is an admission of liability.

[sho96]

Yes, if the wording of the consent order remains as they have written. To the court it looks like you have paid it, until they get your application. Therefore deficient service might be rejected because paying is an admission of liability.

So you are saying if the wording remained as they drafted then it may be rejected however amending it to include "Defendant being incorrectly named in this matter" should improve the chances ?

In any of these cases do you think I will need to prepare a witness statement also ?

[jaguarsuk]

So you are saying if the wording remained as they drafted then it may be rejected however amending it to include "Defendant being incorrectly named in this matter" should improve the chances ?

In any of these cases do you think I will need to prepare a witness statement also ?

That is exactly what I am saying yes. They need to know that you are not the defendant and you haven't settled it.

You will need to apply using form N244 and either submit a Witness Statement ticking that's what you are doing or complete the box in Q10. If you do just decide to fill in the box make sure you number each paragraph.

This site's guide to Witness Statements, for if you choose to attach a Witness Statement.

It doesn't need to be 'War and Peace' whether in the box or a witness statement for the situation you are in, I'd go with:

I'm the defendant in this claim
The Claimant obtained judgement in default on X
Upon finding the judgement on my credit file I contacted the claimant and they had sent the claim form to an old address.
Further investigation showed that they had incorrectly claimed against me due to similar names within the family residing at the same address.
On X the Claimant consented to set aside accordingly, enclosed is their consent.
I respectfully request the judgement be set aside as such.

Obviously worded more appropriately (see the guide for example).

Other common asked questions about N244 answers:

3. 'An order setting aside the judgement dated X pursuant to CPR 13.3 (1)(b)(i).

4. No

5. No Hearing

6. 0, 0 and No

7. N/A

8. District Judge

[sho96]

So you are saying if the wording remained as they drafted then it may be rejected however amending it to include "Defendant being incorrectly named in this matter" should improve the chances ?

In any of these cases do you think I will need to prepare a witness statement also ?

Thanks a lot for your input it has been a great help. We are not going through the N244 process - ideally it would have been better to do it that way that so I could clearly clarify that I was never the defendant but it will definitely be a longer process plus I can't afford to go out of pocket pursuing this. Instead the clamaint is sending a consent order with the wording we spoke about above directly to the courts to be put infront of a judge - they also included supporting evidence ie my driving license and DVLA records to prove they had the wrong identity. Fingers crossed this should be sufficient.

Thanks again.

[jaguarsuk]

Thanks a lot for your input it has been a great help. We are not going through the N244 process - ideally it would have been better to do it that way that so I could clearly clarify that I was never the defendant but it will definitely be a longer process plus I can't afford to go out of pocket pursuing this. Instead the clamaint is sending a consent order with the wording we spoke about above directly to the courts to be put infront of a judge - they also included supporting evidence ie my driving license and DVLA records to prove they had the wrong identity. Fingers crossed this should be sufficient.

Thanks again.

Okay, I'd be surprised if that were refused. Mistaken identity can happen, I know of a case where tow unrelated people in the same town had by coincidence the exact same name and the wrong one of them was pursued, the judgement was set aside and then the correct defendant pursued.