CCJ but wrong identity, need urgent advice

[royroy1]

My other half has just had a court judgement against her but it isn't her and we do not know what to do, we are very worried about it and need help.

It relates to a company called 1st Credit who claimed she owed a debt relating to a credit card from another company called Opus. The debt does NOT belong to her and she told them this repeatedly. On checking the credit file the Opus debt is indeed listed on her file but although it's showing her forename and surname, the middle name is different and the date of birth is different (I'm guessing that, either it's a case of identity fraud, or the company made an error chasing the debt by finding the wrong person due to the similar name).

1st Credit took court action and despite my wife sending back the court forms stating that the debt did not belong to her and a scan of her ID to prove this, the hearing went ahead and judgement has been awarded. It is for over £7000

We are absolutely stunned that this could happen. How can it even be possible for a company to take someone to court who does not owe a debt? and how can a judge award the claim in such circumstances? Having searched online it seems that judgements are awarded by default if you don't attend the hearing, but as this debt is not hers and she explained this then she should not have had to attend. It was never made clear any of this, and we wrongly assumed that by informing of the wrong identity that the hearing would not proceed, that common sense would prevail.

1st credit have never provided any evidence of the debt ownership. They have repeatedly sent big bundles of credit card statements and copies of T&C's (which was their court evidence), but never have they been able to show any actual evidence in the form of a signed credit agreement or copy of ID used to open the debt, nor have they been willing to declare the full debtors name (including the middle name).

We cannot afford solicitors, we are struggling badly at the present time, but we shouldn't need to, it is so frustrating that this has been allowed to happen.

What can we do? I have read that you can apply to have a judgement set aside, by filing form N244, but you have to pay £155 to do so, which we cannot afford at present, but we don't really understand the process as nothing we've read online has been very clear. Can we just ignore the judgement as it's basically for a different person, or is that a dangerous thing to do as it's the correct forename, surname and address?

This is really worrying and we need advice on what to do. Any info or advice would be greatly appreciated.

[Nibbler]

Re: CCJ but wrong identity, need urgent advice

Welcome.

I notice you have a thread on MSE > HERE < which could be helpful for people here to skim though for background and some extra info.

[EXC]

Re: CCJ but wrong identity, need urgent advice

I have read that you can apply to have a judgement set aside, by filing form N244, but you have to pay £155 to do so, which we cannot afford at present

Is your other half receiving benefits?

[vanman]

Re: CCJ but wrong identity, need urgent advice

not a legal but won't the court order will be made out to shirley.s.temple D.O.B April 23, 1928
and not shirley.t.temple D.O.B MAY 23, 1966

[EXC]

Re: CCJ but wrong identity, need urgent advice

not a legal but won't the court order will be made out to shirley.s.temple D.O.B April 23, 1928
and not shirley.t.temple D.O.B MAY 23, 1966

Maybe but the CCJ is registered on her credit file.

[royroy1]

Re: CCJ but wrong identity, need urgent advice

Is your other half receiving benefits?

No, no benefits of any kind other than child benefit.

[royroy1]

Re: CCJ but wrong identity, need urgent advice

not a legal but won't the court order will be made out to shirley.s.temple D.O.B April 23, 1928
and not shirley.t.temple D.O.B MAY 23, 1966

No, there is no mention of the middle name or D.O.B. anywhere other than on the listing on the credit file, so when any paperwork is sent it appears to be for my wife as it only states forename, surname and address.
When she returned the court forms, she filled in her date of birth. 1st Credit have never provided a date of birth.

[EXC]

Re: CCJ but wrong identity, need urgent advice

No, no benefits of any kind other than child benefit.

You're going to have to beg or borrow the £155 for the N244. It's essential you get this set aside.

Read here http://legalbeagles.info/portfolio/set-aside/

We can help you fill it out together with the draft directions order and witness statement.

[EXC]

Re: CCJ but wrong identity, need urgent advice

Your other half may qualify for remission of the court fee, read attached.

[royroy1]

Re: CCJ but wrong identity, need urgent advice

You're going to have to beg or borrow the £155 for the N244. It's essential you get this set aside.

Read here http://legalbeagles.info/portfolio/set-aside/

We can help you fill it out together with the draft directions order and witness statement.

Thanks for replying, and for your help.

So the only option available is to have it set aside? She can't just ignore it on the basis that it isn't her? (after all, I always believed it was upto the prosecution to prove guilt, so we're baffled as to why 1st Credit have been allowed to do all this, is there nothing in law to prevent things like this happening where a company like 1st Credit can take an innocent person to court for a debt that doesn't belong to them?)

If she files for the set aside and pays the £155, what happens then, does the court finally realise the error and throw out the judgement? or does she have to appear in court (and if so, will it just be a case of her having to present her ID to prove she isn't the debtor, or does she need legal representation, especially as she would never be able to bring herself to speak for herself in court, she'd be a wreck)?

[Apollo1966]

Re: CCJ but wrong identity, need urgent advice

royroy1,

I AM NOT LEGALLY QUALIFIED, however I am very knowledgeable in situations like this. The facts are. the owner of the so called debt (not your wife's debt) but someone elses. you have proved it is not your wife's to them. A law called the six year year is about to kick in on one of their client's....... or two hundred clients and that company..... although you have proved that debt has nothing to do with your wife they put data in the deal. They get paid and the six year rule starts all over again.

Because you thought it was sorted with original company and they passed your debt on..... write to the original and take them to small claims. they had no right to pass your data on. YOU made a mistake and that was not attending court instigated by the new company. If you had gone and proved you are not the individual you could have claimed expenses and stress..... once you had proved in new companies court case when you took the old company to court under data protection act the judge would have had no choice but to find in your favour.

I hope all this information is beneficial for any other situation you two may find yourselves

Apollo1966

[EXC]

Re: CCJ but wrong identity, need urgent advice

She can't just ignore it on the basis that it isn't her?

No, it'll trash your other half's credit file for years but more importantly 1st Credit will enforce the CCJ and hound you for the money with bailiffs etc . You need to get it set aside so that doesn't happen.

Do you have the CCJ and the court order?

[Apollo1966]

Re: CCJ but wrong identity, need urgent advice

No, it'll trash your other half's credit file for years but more importantly 1st Credit will enforce the CCJ and hound you for the money with bailiffs etc . You need to get it set aside so that doesn't happen.

Do you have the CCJ and the court order?

exec. I think you missed the timeline. The court case has happened royroy1 didn't turn up as thought all sorted.

Now he has to take it back to court.....prove he dealt with it with original company so the sold on debt company had no right to take him to court. Then make application that the sold on company pay for all costs and then take the original company to court once he has proved his wif'e's name is different to 2nd companies application.

it was wrong he can prove it but they did not turn up so Judge in his lack of information only can believe the 2nd company.

Apollo1966

[Amethyst]

Re: CCJ but wrong identity, need urgent advice

DO you have a copy of the general form of judgment or order, if so could you post it up please.

You must apply to set aside the judgment as soon as possible. http://www.legalbeagles.info/forums/...lication-notes
You can't ignore it as as far as the court are concerned the judgment is justified.

You must also send a CCA request to 1st Credit. http://www.legalbeagles.info/forums/...y-of-Agreement

You also need to contact Opus about this debt. Call on 020 7871 0464 . Tell them you have found it on your credit file and they appear to have sold it to a DCA who have got something wrong and put it against your name and it is a case of mistaken identity, and they've taken court action, ask if they can send you a letter confirming you are not the debtor so you can use this for the court, and ask them to inform 1st Credit. They might not help, but it is worth a try. You also want to try get something to get the markers for this debt removed from your credit file.


Apollo - EXC is correct, as the judgment was in the defendants absence it's a set aside app rather than an appeal.

[royroy1]

Re: CCJ but wrong identity, need urgent advice

Do you have the CCJ and the court order?

DO you have a copy of the general form of judgment or order, if so could you post it up please.

You must apply to set aside the judgment as soon as possible. http://www.legalbeagles.info/forums/...lication-notes
You can't ignore it as as far as the court are concerned the judgment is justified.

You must also send a CCA request to 1st Credit. http://www.legalbeagles.info/forums/...y-of-Agreement

You also need to contact Opus about this debt. Call on 020 7871 0464 . Tell them you have found it on your credit file and they appear to have sold it to a DCA who have got something wrong and put it against your name and it is a case of mistaken identity, and they've taken court action, ask if they can send you a letter confirming you are not the debtor so you can use this for the court, and ask them to inform 1st Credit. They might not help, but it is worth a try. You also want to try get something to get the markers for this debt removed from your credit file.


Apollo - EXC is correct, as the judgment was in the defendants absence it's a set aside app rather than an appeal.

I don't yet have a copy of the court judgement. The case was earlier this week and as I say we had wrongly assumed it wouldn't proceed. A letter came in the post today from 1st Credit that said they refer to the judgement awarded by the court and asking for proposals as to payment within the next 14 days.

Thank you to all who've replied here. I find it shocking that something like this can happen and there is such a flaw in the system, and that people have to pay £155 just to be able to point out an error has been made.

We're obviously going to have to follow all the advice given here and file to have it set aside, but do we need to wait for paperwork from the court confirming the judgement?. We'll send a CCA request and also contact Opus on Monday as suggested.

After we file for it to be set aside, what will happen? If the court has already failed to acknowledge and act on previously being infromed that it's the wrong person, then can we have any faith in the correct outcome? Will they finally wake up to the situation and cancel the judgement, or will my wife have to attend court? will she need representation?