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My partner and I have just applied for a re-mortgage. It has been denied because he has a CCJ on his file that he had no idea about. He discovered that it was from a water company who issued it back in 2008. He phoned the water company and the operator (young kid) said 'oh, someone has not updated the system - this bill was paid in 2011' (when he moved in with me) To his knowledge, he was simply wrapping the account up and paying an outstanding balance.
He then did everything in writing. He wrote back to the water company and respectfully demanded that this CCJ be removed on the grounds that he knew nothing about it. He received no letters, emails or calls whatsoever.
They wrote back saying that two letters were sent plus a default notice. My partner honestly has no record of these. The letter also said that £70.00 was obtained by a collections agency. He can't remember paying this either. But, the original bill was for around £300 - so why was only £70.00 requested? Also, this £70.00 payment has not been deducted from the original amount. Does this make the Court Order null and void? The amount would have been inaccurate?
Also, they said a default notice was also issued to him. Surely this has to be served to him in person?
They said that because they had not received any 'undelivered' letters from Royal Mail, a court order was entered. A thousand and one things could have happened to the letters. Surely they can't justify issuing a court order on these grounds. What if Royal Mail lost them?!!
Finally, the response letter refers to his previous address twice. Both times it is referred to as 'Avenue', my partners previous address was 'Grove'. It may just be a human error on the letter, but does this give me grounds to argue that other letters may have gone astray too? I can request copies of them but even if they have the correct address on them could he still argue this point?
I am at a loss as what to do. How on earth can someone have a CCJ on their file and not even know about it? Surely he should have signed something? He wasn't given the chance to rectify any problem at the time or appeal afterwards.
What to do..... any advice appreciated
He then did everything in writing. He wrote back to the water company and respectfully demanded that this CCJ be removed on the grounds that he knew nothing about it. He received no letters, emails or calls whatsoever.
They wrote back saying that two letters were sent plus a default notice. My partner honestly has no record of these. The letter also said that £70.00 was obtained by a collections agency. He can't remember paying this either. But, the original bill was for around £300 - so why was only £70.00 requested? Also, this £70.00 payment has not been deducted from the original amount. Does this make the Court Order null and void? The amount would have been inaccurate?
Also, they said a default notice was also issued to him. Surely this has to be served to him in person?
They said that because they had not received any 'undelivered' letters from Royal Mail, a court order was entered. A thousand and one things could have happened to the letters. Surely they can't justify issuing a court order on these grounds. What if Royal Mail lost them?!!
Finally, the response letter refers to his previous address twice. Both times it is referred to as 'Avenue', my partners previous address was 'Grove'. It may just be a human error on the letter, but does this give me grounds to argue that other letters may have gone astray too? I can request copies of them but even if they have the correct address on them could he still argue this point?
I am at a loss as what to do. How on earth can someone have a CCJ on their file and not even know about it? Surely he should have signed something? He wasn't given the chance to rectify any problem at the time or appeal afterwards.
What to do..... any advice appreciated
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