Ccj against wrong company

[Osmith0902]

I will keep this short.

Today I received a call from a company asking if I needed finance to pay off a CCJ for my company, I laughed and hung up as we have no debts or anything owing. He calls back, gives me my company name and a case number, which I check and find there is CCJ on our file!

I immediately figure the issue, another company with a similar name is liquidating, but they have used our name in their google listing:

Example we are: COMPANY LTD
They are: COMPANY EASY LTD

They have used on their listing COMPANY LTD (our name).

So it seems that the CCJ has ben lodged against our company, using their address which is why we had no idea it existed.

I thought it would be an easy fix so called the courts and the registry trust. As I could not pass security due to the address the claimant has listed being different to mine they would not help me (crazy).

So I am left in a situation where this rather large company which has folded has our name listed and I am likely to receive a tonne of CCJS which I will not be notified of or have access to the claimant to inform them it's against the incorrect company.

I cannot believe this can happen and that the company number does not need to be confirmed and the address match.

WHere do I go from there?

[MIKE770]

Set Aside Application

[Osmith0902]

What if more come through, will I keep having to pay to sort? As its likely I will keep getting more and more. Also will I have to stand in court?

[R0b]

The sensible thing to do is to write to the claimant company and explain the situation. The contents of the letter should ideally cover:

1. That you have recently become aware of a county court judgment in their favour against your company.

2. You believe the claim against your company was made in error and explain your reasons e.g. you've never had any dealings with them and that you believe the correct defendant company name is X registered under company number Y.

3. The CCJ is damaging to your company's credit rating and the ability to obtain credit on favourable terms. The CCJ is also damaging to your reputation and could mean that customers are reluctant to do business with someone who has a judgment against them.

4. Tell them how you would like to resolve the matter. For example, you might want to say that they should agree a consent order to set aside the default judgment and to pay the costs of making the application you make to the court.

5. If they do not believe that an error has been made then ask them to provide you with relevant evidence that shows you are liable for the debt.

6. If they don't reply within 14 days from the date of the letter then you will have no choice but to make an application to set aside the default judgment and seek an order of costs incurred as a result of their error.

What do you mean by 'stand'. You'll probably sit when speaking to the judge and a set aside hearing in this scenario shouldn't last more than 15 minutes. Sounds like a clear error but if the claimant company chooses to ignore you or deny their error then yes you will have no choice but make an application to the court. Setting aside a judgment needs to be made promptly so you can't sit on your seat, scratch your backside and then deal with it when you choose to, otherwise the court will simply tell you where to go.

[Osmith0902]

Rob

Thanks for your post.

Officially I have no been informed of the CCJ as the address listed is the other companies.

I only found out today as a company called offering finance to pay off the CCJ.

The issue is, I cannot gain the claimants details as when I call I fail security as the address used is not my own, only the company name. So no letters have been recieved and I cannot access the case as I have no security pin! It's all ridiculous and it seems there is nowhere to turn to rectify the error or even find out who the claimant might be.

There is also a good chance this will get worse and more will lodge a ccj against my company but not company address!

[R0b]

Well I can only suggest that you give the court a call and ask to speak to a manager as you wish to make a formal complaint on the basis that someone has registered a CCJ against your name and you don't know the name of the claimant to send a letter and issue the application to set aside. It's one big circle.

Sounds like you are speaking to the money claims call centre and they're a bit useless to be honest but you need to be firm with them - sometimes they really don't have any common sense.

[Osmith0902]

It's crazy that the courts have not checked the company address (well they have but a Google listing which isn't correct)

Do you by chance have a number to call as I went around in circles for almost 4 hours today!

Thanks

[kabrolsa]

Hi did you get this matter sorted as Im in the exact same position and n o idea where to now turn. *Thanks