Ccj set aside advice

[Peartree]

Hi
I have just fought for 3 months to have a ccj set aside that had been placed on my file incorrectly by the claimant saying I was the same person as the other name involved (different surnames) but as I reside abroad I did not hear about it until I applied for a uk mortgage and found it on my file .
i proved to the uk courts I was a overseas resident and that this person was a ex tenant of mine in a totally different proeprty . The courts finally gave the claimant one month to prove we were the same person which obviously would never happen and true to form they could not and the judgement was set aside .
so I had to pay for this all to be done all be it on behalf of someone else but my fear now is the claimant will start the whole process again trying to link me up with this person and send all paperwork to my rental uk property and I don't get it and why would I when it's a different person and name they are after ?

can a ccj be placed onto an address more than a person as this I feel was where it happened ?

the ccj that got placed was a different name on my file but dayes of birth same and worried this may happen again .

what are the chances that the courts will tally up any new claim with one that has been thrown out and the judge saying that my name be totally removed and the ccj set aside .will the courts put 2+2 together on any new claim as I cannot bear another 3 months of this hell of clearing my name .

this company clearly have clutched at straws and obviously I am a overseas resident and I know they can't get a ccj entered on a overseas resident but my fear is something else being put onto my file for the wrong person on again against my uk house and I have to go thru it all again and all I hope if that is the route they take that the courts see they have failed miserably before or does this not happen ?

[PlanB]

Re: Ccj set aside advice

Straight question, are you that person named on the original claim? Because it's a massive coincidence that you have an ex-tenant with the same surname and the same date of birth as you.

If a new county court claim is made it will not link to any other claim unless someone brings it to the attention of the court after it has been issued. You would have to apply for the new claim to be struck out or file a defence with a Witness Statement stating that you are not the person named as the Defendant. If that is true then it shouldn't be a problem.

What is the claim for?

[Peartree]

Re: Ccj set aside advice

No as it says above we do not have the same name at all only Christian names .

[Peartree]

Re: Ccj set aside advice

But if a claimant tries to do this again can the ccj be only applied to the named person and not an address?
for example my surname is smith and theirs was smithson and we held the same first name but I proved to a court he lived in a different address and not the one the ccj was placed at .
the court letter stared "the judgement is set aside and all representations of mr smith be removed" so if the same mistake is made again then I have to fight all over again ?
i had a apology from the courts all the same but as I'm abroad then I have no control if any paperwork is issued to someone else like last time and because of that a ccj was placed on my file !
how would I find out if this is going to happen if at all ?
also due to this I stood to lose a lot due to this error and the claimant not being able to provide any info required other than I produced everything and left to pick up the pieces ...

[labman]

Re: Ccj set aside advice

Are you not worrying about something that hasn't happened and may not happen again. If the claimant tries to do anything, and you have had an apology from the court along with a set aside, then you have pretty much an absolute defence.

There's little point in stressing about things which probably won't happen and over which you have no control. :beagle:

[Peartree]

Re: Ccj set aside advice

Problem is maybe I am but it happened once and if it's a fresh case and the previous case do not get tallied up the same could happen all over again !!...
you are right in that it may not happen but if they use all different names again in the claim and abbreviations of the name and send to a uk address and I don't get anything like last time I am then fighting to clear my name for even more months to come !

[labman]

Re: Ccj set aside advice

Sorry, can you explain how they use all different names and abbreviations of the names.

[Peartree]

Re: Ccj set aside advice

As above .
first names same ,surnames were different so I am "smith " and they were "smithson" and when I finally got to see the original claim it had : defendant : mr s smith , aka mr s smithson , aka mr s Smithers and once it was proved I was totally nothing to do with it and the ccj being placed on me at my address as the real person they could not locate even though I provided forwarding addresses after he moved in 2007 the ccj was set aside based on this wording "the name mr s smith be removed from this case and any relevance to him removed and the ccj set aside" because the claimant could not provide any info and I had my id and the previous tenants if from when he moved into my house and clearly the pics were different and all passports different .
so if they start again and go for all different spellings of it and I don't receive anything as I'm based abroad then it could all happen again as I can't defend anything I am unaware of until it lands on my file !