CCJ in Incorrect Name on Wife’s Credit File - Advice Needed to Resolve

[Ameeno]

Hello everyone,

I’m hoping to get some advice about a situation I’ve just discovered while applying for a mortgage. My broker informed me there was something adverse on my wife’s credit file.

After checking with Checkmyfile (which checks all three credit agencies), I saw Experian had no CCJ on my wife’s credit file, but TransUnion and Equifax listed a CCJ issued in August 2024.

We actually moved out of our previous address in April 2024, and the name on the CCJ is not even close to my wife’s name. The first name on the CCJ is similar to my wife’s middle name but not exactly, and the surname is similar but not exact.

We did see letters come to our address in that person’s name previously but never opened them and binned them as it seemed nothing to do with us.

I recently received a reply from my complaint to Experian. They refused to remove the CCJ from my wife’s file, stating it is a variation or could be a misspelling of my wife’s name. They also mentioned that the date of birth matches.

Here are my key concerns:

1. How do I get a copy of the CCJ issued to check the name and date of birth to see if Experian’s claim is accurate? I tried to complain under GDPR right to rectification, but it did not help.
2. TransUnion has not replied yet, although Equifax’s system is smart enough to recognise that the CCJ isn’t in my wife’s name.
3. Experian has told us to contact the courts, but the courts will not speak to us because the name doesn’t match my wife’s. However, it’s still on her credit file.

I’ve reviewed the N244 process, but I don’t have a copy of the CCJ, don’t live at the address anymore, and it isn’t in her name. I’m unsure if the CCJ includes a date of birth, and I need to get it removed quickly.

Would a reasonable defence be that if the claimant wanted to refer to my wife for any claim, they should have contacted her directly? Since the CCJ has never been in her name, I’m not sure what to do next.

Could anyone guide me on the following?

• How to obtain a copy of the CCJ and verify its details?
• What steps I can take if the court won’t engage with us?
• How to proceed with the N244 application under these circumstances?

Any advice or insights from people who’ve been in a similar situation or who have legal expertise in this area would be hugely appreciated.

Thanks in advance for your help!

[Ameeno]

A bit of extra info:

CCJ for amount £1374. on my wifes credit file
Claimant: Thames Water, according to the courts
I have the case reference and ccj date from my wife's credit report

They always sent the paperwork to this other name, that was never addressed to us. I am quite sure this claim is for an old resident of or last home.

The surname of the defendant is similar to mine, but my wife only updated her passport/paperwork to my surname a year or so ago, and it looks like this claim is for a period of charges ways before my wife ever used my surname in official matters.

They have never written to us to say either my wife or me owe money and they know us.

Surely transunion/experian can't put another named persons ccj on her credit file and get away with it?

[echat11]

Binning the letters is a 'no, no', you should simply of crossed out the incorrect details and posted the letters back, they have a return address on the back.

Do you or your wife owe monies to Thames Water?

Lodge a formal complaint with Thames Water they've processed your wife's 'personal details' incorrectly.
The Complaints procedure will be on their website.

Request rectification - you can request that the company rectifies inaccurate or incomplete personal data concerning you. The company must respond to your request without delay and at the latest within one calendar month

Send Thames Water a Subject Access Request, they have 30 days to provide the data on the account.

https://legalbeagles.info/library/gu...ccess-request/

On your wife's Credit File, you can add notes explaining what has 'occurred', anyone looking at the
Credit File in the 'meantime' can see an error has 'occurred'.

[Pezza54]

Please read "Set Aside Application" under "SHORTCUTS" on the righthand side of this page
All three of your questions in post 1 are answered here

You should check the current court fee for an application on EX305 as the fees stated in the guidance are out of date

[Ameeno]

Thank you for the advice. I completely understand that binning the letters wasn’t the best approach, but at the time, we genuinely didn’t think they had anything to do with us, given the name was different.

To answer your question, neither my wife nor I owe any money to Thames Water. This seems to be an error linked to a previous resident of our old property.

It really should not be on her credit file as it is not her name, and the courts won't give us more information.

[echat11]

Thank you for the advice. I completely understand that binning the letters wasn’t the best approach, but at the time, we genuinely didn’t think they had anything to do with us, given the name was different.

To answer your question, neither my wife nor I owe any money to Thames Water. This seems to be an error linked to a previous resident of our old property.

It really should not be on her credit file as it is not her name, and the courts won't give us more information.

So start by lodging a complaint with Thames Water (if Thames Water can see their error and they give 'consent' to a set a side, then the removal of the CCJ should be straight forward).

What's probably happened is the tenant left, instead of 'tracking' them down, Thames Water took the easy option, tried to 'palm' the debt on to your wife. Had the letters been sent back, this would have been avoided.

Have you evidence that you weren't residing at the property during the billing period (debt)?

They may raise the fact that letters were sent.

[Ameeno]

Hello everyone,

I’ve just heard back from Thames Water regarding our situation, and unfortunately, they’ve refused to permit a set-aside for the CCJ, even though it’s not in my wife’s name and the name is significantly different.

We lodged a formal complaint and requested a correction of the name and address under the right to rectification, but they’ve refused, claiming they cannot amend it due to ongoing litigation. This response was surprising, as I expected them to act more reasonably. Clearly, they seem uninterested in following proper procedures or respecting legal obligations.

Here’s what we’ve done so far:

• Filed a complaint with the ICO, highlighting the right to rectification and the fact that the litigation itself is based on incorrect information. We pointed out that our rectification request is neither excessive nor unfounded, which are the only legal grounds for refusal. Accurate data is crucial for ongoing litigation.
• Submitted an N244 application, including a draft order, draft defence, witness statements, and substantial evidence.

The CCJ is not in my wife’s name; the name on it is markedly different. It was issued to an address we left five months before (we have council tax bills, a tenancy agreement, and a driving licence to prove this). We only discovered it recently during a credit check on my wife. I am hopeful the courts will see this all makes sense and set aside the CCJ and grant a costs order. but we don't know yet.

[pc52straw]

Can a claimant unilaterally block a set aside (with hearing) even if the basis of it is the person who got the CCJ was the victim of a default judgement served to the wrong person, and the ico has been involved?

I can understand them vetoing a Set Aside *without a hearing* if they want to keep arguing they've served to the right place and person.

[echat11]

Hello everyone,

I’ve just heard back from Thames Water regarding our situation, and unfortunately, they’ve refused to permit a set-aside for the CCJ, even though it’s not in my wife’s name and the name is significantly different.

We lodged a formal complaint and requested a correction of the name and address under the right to rectification, but they’ve refused, claiming they cannot amend it due to ongoing litigation. This response was surprising, as I expected them to act more reasonably. Clearly, they seem uninterested in following proper procedures or respecting legal obligations.

Here’s what we’ve done so far:

• Filed a complaint with the ICO, highlighting the right to rectification and the fact that the litigation itself is based on incorrect information. We pointed out that our rectification request is neither excessive nor unfounded, which are the only legal grounds for refusal. Accurate data is crucial for ongoing litigation.
• Submitted an N244 application, including a draft order, draft defence, witness statements, and substantial evidence.

The CCJ is not in my wife’s name; the name on it is markedly different. It was issued to an address we left five months before (we have council tax bills, a tenancy agreement, and a driving licence to prove this). We only discovered it recently during a credit check on my wife. I am hopeful the courts will see this all makes sense and set aside the CCJ and grant a costs order. but we don't know yet.

Update when you get a response.

Once the ICO has made a decision, your wife should seek compensation from Thames Water.

[Ameeno]

OK so I have heard back from thames water after complaining to ICO.

Thames water have agreed to rectify the name on the account but not yet agreed to the set aside thing.

We did the n244 form in December, and it went through the civil national business centre and now has been passed to our local county court.

But we do not know what happens now, its basically in a black hole and no hearing has been booked and nothing has been shared with us and its really holding up our ability to get a mortgage now and causing us to suffer and we may become homeless by April if we dont get this sorted asap (Landlord wants us out to rebuild, and we can't pass credit checks for mortgage or renting new place)


don't really know what to do tbh, the timetable for the courts is scaring me, we did all the paperwork but now are simply waiting and waiting.

[echat11]

As you've filed for a 'set aside' with the Court, getting 'consent' from Thames Water means little.

Thames Water might respond to your 'set aside' application.

The Court will send out Hearing date etc.

What you need to do is make your case for the set aside, prepare a Witness Statement with evidence.

Start doing this now.

https://legalbeagles.info/library/ho...-judgment-ccj/

https://legalbeagles.info/forums/for...ess-statement/

https://hallellis.co.uk/preparing-witness-statements/

Once you get the 'set aside', everything is reset, so you'll need to prepare a Defence.

It might be possible to deal with the 'set aside' and the claim at the same Hearing as you are stating that 'no monies' is owed, they've got the wrong person / debtor.

Thames Water 'might' back down as the case progresses, that's why your Witness Statement / evidence needs to be 'very good'.

[Ameeno]

OK we have a court date at end of month. fingers crossed!

[echat11]

Good, don't forget to update the thread.

[Ameeno]

Hi everyone,

I have some semi-good news.

My wife recently attended a court hearing where the judge agreed to set aside the CCJ against her. However, the judge did not award us the court costs we had paid, citing that we had not informed the claimant of our address change. This is despite the fact that the claimant had been sending letters to the wrong name all along.

Now, we need to obtain a copy of the court order so that the credit reference agencies can update her credit file. Unfortunately, we've been told this will take at least 10 working days (over two weeks). I was under the impression that once a CCJ is set aside, the credit record updates immediately, but that doesn't seem to be the case.

Another issue is that we are now out of pocket by £303 in court fees. Since the judge acknowledged that there were sufficient grounds to set aside the CCJ, it seems unfair that we had to pay just to correct an error that wasn't our fault. We could have used that money elsewhere!

I'm unsure whether I should complain about the court's decision regarding costs or whether there's another way to recover the money perhaps from the claimant (Thames Water). If the CCJ was wrongly issued, surely, we shouldn't have had to pay to fix it?

I'd appreciate any advice on the next steps, particularly:

* How to expedite receiving the court order.
* Whether there's any way to recover the £303 we spent.
* Whether it's worth challenging the court's decision on costs.

This whole process has been stressful and costly, and it feels unfair that we've had to go through so much effort just to correct someone else's mistake.

Thanks in advance for any guidance!

[Pezza54]

Did the judge say anything about a deadline for filing your Defence to be included in the Order?

Did ypu tell the judge TW refused consent to your application notice and show the judge TW's letter

This refusal cost you an additional £184 and the judge decided your statement of case when filed, has a fair chance of successfully defending the claim