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CCJ due to Identity Fraud

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  • CCJ due to Identity Fraud

    Hi everyone,

    I'm just looking for advice because i've tried most other sources so far...citizens advice, police scotland, etc.
    The situation is that 2 years ago I noticed a direct debit transaction I didn't recognise, I phoned my bank and found out this was to Criterion Hospitality. I contacted Criterions customer service and explained I didn't make the payment, they told me to cancel the payment with my bank so I got the bank to reverse the direct debit.

    I had no further problems or direct debit requests so I assumed it was an error that had been resolved.
    A couple of weeks ago I was surprised to discover a County Court Judgement on my credit record for almost £4000 that's been active since March 2022. The CCJ had my address as a flat in England where I've never lived (I live in Scotland)

    I assumed Criterion was responsible for the CCJ as this was close to the time of the reversed direct debit. After contacting them they seemed to acknowledge the address on my CCJ was one of their properties but said they would only discuss the matter with law enforcement and would not give me any details.
    Eventually I found out the claimant on the CCJ is actually a company named Bracknell Property Limited, which is even more confusing because I have no idea who they are.

    I have sent a N244 application explaining the situation to Croydon County Court in England but i'm not sure if that will work as I didn't know what to attach as evidence, I did send my drivers license as proof of my address in Scotland.

    Citizens advice in Scotland have said they can't help due to it being the English court system. I have reported it to Police Scotland who have said it was probably just mistaken identity, but surely a direct debit for a rental property would need multiple forms of identification?

    Anyway, I have no idea how to remove the CCJ if the court rejects my application to set the judgement aside based on identity fraud, so any advice would be greatly appreciated.

    Thanks for reading.
    Tags: None

  • #2
    The answer is to concentrate on your set aside application. The way you describe it, you have a strong argument on that application. Have you put all that information in your statement in support of the application?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      I have described everything above in my N244 application, I just wasn't sure if my description of what happened will be enough or if I should have attached more evidence like bank statements, payslips, my police report etc.

      I don't understand why a victim of identity fraud is expected to pay £275 to submit a N244 form and wait up to 8 weeks for a decision, but I couldn't find another way to fix my credit record so I guess that's just how things are.

      Thanks for the reply Atticus.

      Comment

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