Court of Protection and CCJ

[remmig]

Whilst suffering from a mental illness and hospitalized (about 5 years ago) i was put under the court of protection, with a solicitor acting as my deputy for my financial affairs. I have recently discovered thar a CCJ was ordered by default during this period. I have contacted the court that ordered the CCJ, they confirmed that the original debt was to a bank, who have no record of the debt. This was then sold to debt agency, who also could not provide any details as they had also sold the debt to another agency.

My credit report is totally clear apart from this mystery.

Any advise would be greatly appreciated.

[bluebottle]

Re: Court of Protection and CCJ

Hello Remmig and welcome to Legal Beagles.

Okay. You say you that you were subject to a Court of Protection order and a solicitor was appointed to act as your deputy. You then say that a bank obtained a CCJ for a debt it would appear they could not prove and then sold the debt to a DCA who couldn't prove the debt either, who subsequently sold the debt to another DCA.

The first thing you need to do is find out which DCA had the alleged debt immediately before the CCJ was obtained. Write to the DCA that bought the alleged debt from the bank and ask them for the name of the DCA they sold the debt onto and then write to that DCA asking for proof of the debt. If they cannot prove the debt and the CCJ was obtained either in error or fraudulently, you will need to have it quashed or set aside. I would also contact the Office of the Public Guardian about this as the solicitor who was appointed as your deputy should not have let this happen. The Office of the Public Guardian is at Justice.

Come back onto this thread once you have the information recommended above and we will see what help we can give you.

Bluebottle