CCJs NOT MINE! PLEASE HELP!

[donchain]

I need urgent advice. I just got a job requiring an in dept police check, an NPPV level 2 check. Part of the questionnaire asks about your financial circumstances, for eg. your debts, CCJs, defaults, etc. My colleagues have informed me that a female was let go due to having a CCJ.

Now I have signed up to noddle only to discover that i have 2 CCJs. One from 2014 and the other from November 2018 registered to past addresses I no longer live at.

I do not know what they are for or know of any reason why I should have CCJs because I do not owe anyone money.

Now my NPPV2 form is to be submitted in on Friday and I have to wait for the outcome of the checks, which I am fully expecting to be bad news for my employment.

I really need some advice on how to go about disputing these CCJs to hopefully have them removed as I do not owe anyone money, did not receive any letters demanding money nor any county court claim forms.

So far I plan to call the county courts where the judgment was given to find out who started the case against me, thereafter I do not know how to proceed.

[donchain]

Upon further research, I have discovered both CCJs are likely of the same company though seems there is an attempt to disguise the connection.

The 2018 CCJ court name is County Court Business Centre and the 2014 CCJ court name is Northampton Ccbc, just take a closer look.

Now upon researching on google about them, I have come across lots of articles and vlogs of their fraudulent methods and attempts to impersonate a real court and all sorts.

I am still yet to contact them as it is the middle of the night as it is and this is weighing on me heavily. Please help.

[donchain]

The impression I am getting with this business center is that through them, private companies get to prosecute civil matters without a judge.

[ostell]

Those locations are the valid courts and are used to coordinate Money Claims online. There is nothing fraudulent about them. Actual hearings take place at courts local to the defendant or claimant after being transferred. If you have a judgement by Northampton or the other one then that will be a default judgement because there had been no response by the defendant, you.

You need to get full details. If it was for an address that you used to live out then possibly someone claimed but used the old address and of course you did not respond and therefore a default CCY against you.

You can apply to the courts for the CCJ to be set aside though it is £255 a pop, and sometimes claimable against the company who raised the claim in the first instance.

It's possibly a parking charge.

[Amethyst]

First - Northampton CCBC is a real court - it's central processing for majority of small claims that are made through the money claim online system - once a case is defended the cases are sent from there to the local county courts to be heard. If a case isn't defended a default judgment is issued. So please don't get bogged down with conspiracy theory rubbish xxxx

You will need to set aside the judgments to have them removed - https://legalbeagles.info/library/ho...-judgment-ccj/


Do you know the kind of 'debt' the claims are based on ?

First step is to call the court ( as you intend to this morning - be warned they take forever to answer) and ask if they can send you details of each ( they should be able to email you a summary that shows the particulars of claim, when the claim was issued, who by, the address issued to etc )

Are they both different debts or the same you think ?

Each ccj will be on the register for 6 years - so the 2014 has maybe 2 years left. How much approx are they for ?

Your set aside application will be on the grounds you did not receive the claim as they were issued to wrong addresses and were unable to defend. Youll need to show that that you have a reasonable prospect of success in defending. There is a hefty cost for the set asides too and is likely to take a couple of months.

Depending what/who the judgments are you may be able to contact them to ask they consent to set aside - it will still take time ( once set aside its up to 30 days to come off the register ) - but that doesn't help with the job .... so I think you will have to, once you find more details out about them, talk to your employer and say what you've found and are dealing with it before returning the NPPV form.

[Amethyst]

Looking at the form you might,if they are small judgment amounts, be able to pay them off and get a certificate of satisfaction ... and explain in the box what's happened ...

25920811-1F46-4F86-BA6C-8EC2A79C8008.png

[donchain]

Thank you so much for responding, really do appreciate it, have not slept much while stressing.

The court states it is lowell for both cases, and after speaking to lowell they stated both clients to be EE from a Tmobile account, the other with capital one and ofcourse they were eager for payment.

Told them those debts are not mine and i do not acknowledge ownership nor was I aware they were being held against me until i checked my cedit file online for a job application that required my not having a CCJ.

Told them i have sought legal advice and it seems i have 2 options. Either pay the CCJ or dispute it. My first intention is to dispute the CCJ because I was not aware of a debt, yet alone court proceedings and so how can I defend myself without this.

Also said the following;

I believe I would be successful to have the CCJ set aside and furthermore be relieved of any debt you claim is owed by myself. This would take some time in court proceedings and will end up costing my job which requires I not have a CCJ against me at the immediate present.

Now if I do pay the debt, I will still have the CCJ on my credit file showing, perhaps with a satisfied or settled status, however this still presents a problem as I have still had a CCJ against me on record for a debt I do not owe.

So to satisfy the immediate requirements of my employment in order to secure my contract, I am willing to make a conditional offer to pay what you claim is owed to you as long as you have the court remove the CCJ against my credit file.

I have spoken to the courts via phone, which i recorded the conversation and they confirmed to me that if the debt is paid then you have to inform them that the debt is satisfied and the processing fee is £100. The courts also stated that without my disputing the CCJ through them, that you lowell can also request for the court to remove the CCJ against me stating your reasons, with the same £100 fee.

The reasons can be in line with my reason for the fact that I was not aware of any court proceedings due to no longer residing at the addresses any letters regarding this case would have been sent to, hence I did not have the opportunity to defend myself.

If you refuse my conditional offer to clear the debt then I will be forced to pursue the case in court. I will not be able to retain my employment while still having a CCJ on my file for the duration of the court proceedings until the case is settled. Through this process, there will not be a reason for me to be willing to pay for a debt I do not owe in order to have you give the go ahead to remove a CCJ I do not deserve.

So if I do have to dispute the CCJ in court myself, then my conditional offer no longer stands and I will also be fighting any new claims you may put in if the CCJ is set aside because I do not owe your clients money and I would require for you to prove I owe these debts.

I will also seek stress and loss of wages/employment which I have proof of stress and will have proof of loss of employment, once my employment is terminated due to all this debt you are seeking from me and CCJ you have had put against me.


I typed it before calling them so did not deviate from that. It appeared to me that most of what I said went over the womans' head, she claims not to be a solicitor and went to speak to her supervisor, then came back to say I can make the payments to them and just write to the court myself to request for the CCJ to be removed for the reasons I claim.

I told her that is not in line with the conditional offer I made, and she said well there is nothing she can do for me, the company has their solicitors who deals with agreements, I asked if i can speak to her supervisor, she claimed it as not possible and she can have a manager call me within 72hours. Then she gave me an email address supposedly for their solicitors.

Email given is help@lowellsolicitors.co.uk, googled that and got some number for CCJ that i am about to call.

for the debts amount;

Judgment date
05/11/2018
Amount
£ 653
Court name
County Court Business Centre


Judgment date
18/03/2014
Amount
£ 750
Court name
Northampton Ccbc


Not too sure which route to go next, because i really want them to accept my conditional offer, I really want this job. This way we are both satisfied if the CCJ is removed efficiently and they get paid, as disputing in court will be long and dragged. if I get to keep this employment, i can afford to go for a mortgage in 2020.

I am literally staying on a friends couch with no space or privacy at 2/3rds of a discount of private renting, just to save up as much as possible to put in a substantial deposit for a mortgage.

However, with this CCJ merely satisfied, there are no guarantees this will satisfy NPPV2 vetting pass and I might aswel forget about a mortgage approval with CCJs registered on my file, even if satisfied.

Is it ok to make a conditional offer, did i say the right things or wrong, should I keep calling or put into writing, my mind is all over the place at this point.

[donchain]

First - Northampton CCBC is a real court - it's central processing for majority of small claims that are made through the money claim online system - once a case is defended the cases are sent from there to the local county courts to be heard. If a case isn't defended a default judgment is issued. So please don't get bogged down with conspiracy theory rubbish xxxx

You will need to set aside the judgments to have them removed - https://legalbeagles.info/library/ho...-judgment-ccj/


Do you know the kind of 'debt' the claims are based on ?

First step is to call the court ( as you intend to this morning - be warned they take forever to answer) and ask if they can send you details of each ( they should be able to email you a summary that shows the particulars of claim, when the claim was issued, who by, the address issued to etc )

Are they both different debts or the same you think ?

Each ccj will be on the register for 6 years - so the 2014 has maybe 2 years left. How much approx are they for ?

Your set aside application will be on the grounds you did not receive the claim as they were issued to wrong addresses and were unable to defend. Youll need to show that that you have a reasonable prospect of success in defending. There is a hefty cost for the set asides too and is likely to take a couple of months.

Depending what/who the judgments are you may be able to contact them to ask they consent to set aside - it will still take time ( once set aside its up to 30 days to come off the register ) - but that doesn't help with the job .... so I think you will have to, once you find more details out about them, talk to your employer and say what you've found and are dealing with it before returning the NPPV form.

Yes this is indeed part of the NPPV2 form that all this is about.

[donchain]

Looking at the form you might,if they are small judgment amounts, be able to pay them off and get a certificate of satisfaction ... and explain in the box what's happened ...

25920811-1F46-4F86-BA6C-8EC2A79C8008.png

Sorry meant to quote this message, new to the site.

Yes this is indeed part of the NPPV2 form that all this is about.

[ostell]

If you are willing to pay the amount of the judgement then if you get them to agree to the setaside then, as the court said, it is only a £100 fee. You can offer the solicitors the amount of the judgement and the additional £100 if they consent to the setaside on the agreement that no further action will be taken on he claim . If the offer is accepted then make sure you get a signed agreement about it. Downside is the request for the setaside does not have to be accepted by the judge, though in your situation it should be OK

[Amethyst]

Thank you so much for responding, really do appreciate it, have not slept much while stressing.

The court states it is lowell for both cases, and after speaking to lowell they stated both clients to be EE from a Tmobile account, the other with capital one and ofcourse they were eager for payment.

Told them those debts are not mine and i do not acknowledge ownership nor was I aware they were being held against me until i checked my cedit file online for a job application that required my not having a CCJ.

Told them i have sought legal advice and it seems i have 2 options. Either pay the CCJ or dispute it. My first intention is to dispute the CCJ because I was not aware of a debt, yet alone court proceedings and so how can I defend myself without this.

Also said the following;

I believe I would be successful to have the CCJ set aside and furthermore be relieved of any debt you claim is owed by myself. This would take some time in court proceedings and will end up costing my job which requires I not have a CCJ against me at the immediate present.

Now if I do pay the debt, I will still have the CCJ on my credit file showing, perhaps with a satisfied or settled status, however this still presents a problem as I have still had a CCJ against me on record for a debt I do not owe.

So to satisfy the immediate requirements of my employment in order to secure my contract, I am willing to make a conditional offer to pay what you claim is owed to you as long as you have the court remove the CCJ against my credit file.

I have spoken to the courts via phone, which i recorded the conversation and they confirmed to me that if the debt is paid then you have to inform them that the debt is satisfied and the processing fee is £100. The courts also stated that without my disputing the CCJ through them, that you lowell can also request for the court to remove the CCJ against me stating your reasons, with the same £100 fee.

The reasons can be in line with my reason for the fact that I was not aware of any court proceedings due to no longer residing at the addresses any letters regarding this case would have been sent to, hence I did not have the opportunity to defend myself.

If you refuse my conditional offer to clear the debt then I will be forced to pursue the case in court. I will not be able to retain my employment while still having a CCJ on my file for the duration of the court proceedings until the case is settled. Through this process, there will not be a reason for me to be willing to pay for a debt I do not owe in order to have you give the go ahead to remove a CCJ I do not deserve.

So if I do have to dispute the CCJ in court myself, then my conditional offer no longer stands and I will also be fighting any new claims you may put in if the CCJ is set aside because I do not owe your clients money and I would require for you to prove I owe these debts.

I will also seek stress and loss of wages/employment which I have proof of stress and will have proof of loss of employment, once my employment is terminated due to all this debt you are seeking from me and CCJ you have had put against me.


I typed it before calling them so did not deviate from that. It appeared to me that most of what I said went over the womans' head, she claims not to be a solicitor and went to speak to her supervisor, then came back to say I can make the payments to them and just write to the court myself to request for the CCJ to be removed for the reasons I claim.

I told her that is not in line with the conditional offer I made, and she said well there is nothing she can do for me, the company has their solicitors who deals with agreements, I asked if i can speak to her supervisor, she claimed it as not possible and she can have a manager call me within 72hours. Then she gave me an email address supposedly for their solicitors.

Email given is help@lowellsolicitors.co.uk, googled that and got some number for CCJ that i am about to call.

for the debts amount;

Judgment date
05/11/2018
Amount
£ 653
Court name
County Court Business Centre


Judgment date
18/03/2014
Amount
£ 750
Court name
Northampton Ccbc


Not too sure which route to go next, because i really want them to accept my conditional offer, I really want this job. This way we are both satisfied if the CCJ is removed efficiently and they get paid, as disputing in court will be long and dragged. if I get to keep this employment, i can afford to go for a mortgage in 2020.

I am literally staying on a friends couch with no space or privacy at 2/3rds of a discount of private renting, just to save up as much as possible to put in a substantial deposit for a mortgage.

However, with this CCJ merely satisfied, there are no guarantees this will satisfy NPPV2 vetting pass and I might aswel forget about a mortgage approval with CCJs registered on my file, even if satisfied.

Is it ok to make a conditional offer, did i say the right things or wrong, should I keep calling or put into writing, my mind is all over the place at this point.

While your mind is all over the place it is best to do nothing....

To have the CCJ's removed you have to apply to have them set aside. You can do this with consent of the judgment holder ( Lowell ) which costs the application fee of £100 ( for each judgment ).

Both Judgments have been obtained because they were issued to previous addresses, so you need to either get a letter from Lowell consenting to the set aside on those grounds for both claims, or apply direct to court without consent ( which would be £255 for each claim ).

Once the claim is set aside it carries on as if there has never been a judgment - it's up to you at that point if you want to settle the claims or defend them, but you can't ask the court to setaside the claims because you need the CCJ gone and want to pay the debts... you need to tell the court had you received the claims you would have been in a position to successfully defend because x,y,z ( you didn't have a Capital One card or EE mobile account etc ). Once the judgments are set aside of course you are free to just pay them off if you want to prevent them coming back....obvs if you truely don't have any idea what they are and don't owe the debts, defend the claims.

Have a read here for the set aside application - Set Aside Application

And send SAR's to Capital One and T-Mobile ( EE ) to try get some background on where these debts have come from in preparation for defending the cases once set aside - Subject Access Request Letter

You will have to disclose the CCJ's on the NPPV form - not to do so would mean certain fail in the vetting process - an explanation that you have just discovered these on checking your credit file in order to give accurate information and expect both to be set aside. If you can get consent from Lowell to set the CCJ's aside you could enclose a copy of that.

[donchain]

If you are willing to pay the amount of the judgement then if you get them to agree to the setaside then, as the court said, it is only a £100 fee. You can offer the solicitors the amount of the judgement and the additional £100 if they consent to the setaside on the agreement that no further action will be taken on he claim . If the offer is accepted then make sure you get a signed agreement about it. Downside is the request for the set-aside does not have to be accepted by the judge, though in your situation it should be OK

Hello thanks for responding, i have been thinking further over this and I wondered if my putting in a formal request in email or writing for conditional set aside order, if this can be used against me by the claimant or court. That is to say they may question my eagerness to pay it off for CCJ to be requested to be removed.

If perhaps this may be considered as weakness in my claim or possibly a supposed acknowledgement that the debts are mine hence why i want to pay them?

[donchain]

While your mind is all over the place it is best to do nothing....

To have the CCJ's removed you have to apply to have them set aside. You can do this with consent of the judgment holder ( Lowell ) which costs the application fee of £100 ( for each judgment ).

Both Judgments have been obtained because they were issued to previous addresses, so you need to either get a letter from Lowell consenting to the set aside on those grounds for both claims, or apply direct to court without consent ( which would be £255 for each claim ).

Once the claim is set aside it carries on as if there has never been a judgment - it's up to you at that point if you want to settle the claims or defend them, but you can't ask the court to setaside the claims because you need the CCJ gone and want to pay the debts... you need to tell the court had you received the claims you would have been in a position to successfully defend because x,y,z ( you didn't have a Capital One card or EE mobile account etc ). Once the judgments are set aside of course you are free to just pay them off if you want to prevent them coming back....obvs if you truely don't have any idea what they are and don't owe the debts, defend the claims.

Have a read here for the set aside application - Set Aside Application

And send SAR's to Capital One and T-Mobile ( EE ) to try get some background on where these debts have come from in preparation for defending the cases once set aside - Subject Access Request Letter

You will have to disclose the CCJ's on the NPPV form - not to do so would mean certain fail in the vetting process - an explanation that you have just discovered these on checking your credit file in order to give accurate information and expect both to be set aside. If you can get consent from Lowell to set the CCJ's aside you could enclose a copy of that.

Hello, thank-you so much for your help and advice, I really needed major direction here.

I took your advice and took time to clear my head, plus i was not feeling too well and i had to work while ill.

Ok so i filled out the SARs for both companies but unsure about if i need to add money or postal orders inside the letter for them to respond to me, as i remember reading somewhere that this should be done?

As advised by you "First step is to call the court and ask if they can send you details of each ( they should be able to email you a summary that shows the particulars of claim, when the claim was issued, who by, the address issued to etc )" I have to call the courts tomorrow and request they send me all this information so I can see full details of how these CCJs came about. Can I ask lowell for proof of claim still or no, and is this the same as asking them to "prove it", if not, what is the difference please? (Does this only come into play if i get a set aside).

I am uncertain now if it is wise to write to or email lowell with a conditional settlement, which they may refuse anyway and if either of us made the court aware that i approached with this offer, I am worried this go against me if I do have to apply for set aside without consent.

Is it possible for the Claimant or Court to assume that seeing as I am willing to pay a debt I say is not mine with removed CCJs, then perhaps I just want it removed so I can pay the debt, which may be assumed I do owe the money, in which case, as you had said, is not justified reason to have a CCJ set aside. (Hope I made sense here lol)

I have been looking through the site and have found some very useful templates that can work with my specific CCJ, obviously I will amend to suit my case better, what do you think? (in regard to thonvh2017 amendment on this case's witness statement);

https://legalbeagles.info/forums/for...et-aside/page2

Also I keep reading about adding postal orders to letters I send, do I need to add it to every letter i send, to court, lowell, capital one EE, etc...?

Thankyou once again for the help you have been providing. All cases/postsI have read on here, you and many others have been a huge help to people like myself.

[Amethyst]

SARS are free now so no postal order etc required ( SARS used to be £10 until GDPR rules changed - the £1 postal order you might have read about is for a "CCA" request which isn't applicable until judgment is set aside )

Are these old forgotten debts or genuinely not your debts ? ( ID theft / mistaken identity on tracing etc ) Other than the CCJ is there anything else on your credit files ? ( check all three via clearscore, noddle & msecreditclub)

Have you approached the employer about the situation at all ? You'll have to weigh up if marked as satisfied will help or if you have to go through the set aside process to remove entirely. If applying to set aside and are convinced they aren't your debts then apply to set aside with an intention to defend them.

Once set set aside you can get a CCA request in for the capital one debt and request other docs for the EE/T-Mobile accounts from Lowell and if you find out they were yours originally THEN you could settle them. The SARS might come back quicker. But I don't think you want to go paying them then trying to set aside as it could just be money down the drain and leave you with satisfied ccj marks rather than no CCJs ( again goes back to what the employers view on the CCJs is )

Its not an easy decision I know, and you're under time pressure, so gather the info, speak to employer and try consider what the best option is once you know what's what.

[donchain]

SARS are free now so no postal order etc required ( SARS used to be £10 until GDPR rules changed - the £1 postal order you might have read about is for a "CCA" request which isn't applicable until judgment is set aside )

Are these old forgotten debts or genuinely not your debts ? ( ID theft / mistaken identity on tracing etc ) Other than the CCJ is there anything else on your credit files ? ( check all three via clearscore, noddle & msecreditclub)

Have you approached the employer about the situation at all ? You'll have to weigh up if marked as satisfied will help or if you have to go through the set aside process to remove entirely. If applying to set aside and are convinced they aren't your debts then apply to set aside with an intention to defend them.

Once set set aside you can get a CCA request in for the capital one debt and request other docs for the EE/T-Mobile accounts from Lowell and if you find out they were yours originally THEN you could settle them. The SARS might come back quicker. But I don't think you want to go paying them then trying to set aside as it could just be money down the drain and leave you with satisfied ccj marks rather than no CCJs ( again goes back to what the employers view on the CCJs is )

Its not an easy decision I know, and you're under time pressure, so gather the info, speak to employer and try consider what the best option is once you know what's what.

Well that saves me on postal orders atleast. No I do not recognize these debts, have always lived in house share and have not always got on with my flatmates, would not surprise me if it were one of them. Lived in hostel house share some time ago and did not always receive my benefit letters back then.

There is immediate family, who put their car under my mother's insurance and all sorts without her consent, filled out her details and signed her name, which she only discovered after she received letters for fines and to appear in court for road offences he had caused. She successfully fought the case in court but let him get away with it. That is another suspect if there really is something taken out in my name. Would not even ask him, i'd risk an assault really.

No I am extremely scared to disclose this to my employer. feels like that would result in an instant job termination. I've gone about it the cowards way I'm afraid.

Some of my colleagues informed me that they did not declare their police arrests initially and their vetting came back with job termination. So they told our manager they did not declare their arrests so they had the opportunity to do a 2nd vetting. 2nd time round they declared their arrest with no conviction and their vetting was passed after being sent off.

So my thoughts here is that if my vetting comes back with a rejection, then I will ask my manager if being in the process of sorting the CCJ or having it settled will suffice for an approval when I reapply. Hopefully by then I should have got somewhere with this whole set aside application, and have something worthwhile to put in the form to show there is something being done about the CCJ and I am not just ignoring them.

So I am trying to buy me some time here with my employment as the vetting form definitely had to be sent off last week Friday as I stated. Reading more through the site and came across an interesting post/case on "statute barred" debt. I remember when speaking to lowell about the November 2018 CCJ, they mentioned the supposed debt defaulting in possibly March 2013, have to reconfirm that though.

If this is the case, does that mean I can use this in my defense and/or witness statement perhaps? Not too sure just trying to see what else I can use to strengthen my chances. Got my idea here;

https://legalbeagles.info/forums/for...-barred-status