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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 ?
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 ?
