CCJ but wrong identity, need urgent advice

[royroy1]

Re: CCJ but wrong identity, need urgent advice

I see that there is the option on N244 to tick to have the application dealt with my hearing, telephone hearing, or without a hearing. What is the recommended option? It also has the options for legal representative, is this recommended and if so would that cost?

[EXC]

Re: CCJ but wrong identity, need urgent advice

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?

It doesn't work like that I'm afraid. The time to inform the court that you are not the defendant was at the hearing.

Did 1st Credit say which court the CCJ was issued at? If not call your local County Court on Monday and ask if it was them and if so ask them to give you the judgment.

Amethyst will be better at answering the rest of your questions.

[royroy1]

Re: CCJ but wrong identity, need urgent advice

It doesn't work like that I'm afraid. The time to inform the court that you are not the defendant was at the hearing.

Did 1st Credit say which court the CCJ was issued at? If not call your local County Court on Monday and ask if it was them and if so ask them to give you the judgment.

Amethyst will be better at answering the rest of your questions.

So we basically messed up by not attending the hearing. We just didn't know how everything worked, we wrongly assumed it was just a matter of informing the court of the error in identity and the hearing wouldn't proceed. There was no information given to us to tell us otherwise. Lesson learned.

Yes, it was in the local County Court.

[Apollo1966]

Re: CCJ but wrong identity, need urgent advice

It is not totally messed up. yes you made a mistake by not attending but it can be corrected.......but this time you will know to attend and what id you must take to prove there was an error made.

Don't tell the judge that an error was made just explain that there is an indiscretion in the decision for the reason that you are not who the direction was made against but you do live at that address and you would like the mistake corrected. Explain that you were at fault by not attending on the appointed day to prove it..... as you thought your written proof would be enough......

Contact the county court and explain.....

Don't lose sleep it will get sorted......

Bet your glad you found this site I know I am.

Apollo1966

[Amethyst]

Re: CCJ but wrong identity, need urgent advice

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?

£155 with a hearing is recommended. You won't get the set aside app cost back.

Additionally I don't know if you feel able, but if you can, telephone the claimant solicitors on Monday and tell them you are going to apply to set aside the judgment because the debt is not yours, and you have given them and the court evidence of this, and ask them to agree to the set aside - if they say yes (stranger things have happened) then you will not need a hearing and can apply without a hearing at £50.

You shouldn't need legal representation. I don't belive you need a solicitor as the Judges are usually quite good with litigants in person (that's what you are) However if you feel you need representation at the hearing you could speak to your local solicitor who handles civil cases and ask them, previous for attendance at a hearing I've been quoted £400 before.

I would like to see the defence you entered if that's ok, you can post on here or email it to me.

I'll help you with the N244 once I've read that.

It will be requesting a set aside on the basis that you are a litigant in person and that you didn't understand the court procedures and that you needed to attend the hearing, but you have now sought some help, and you feel your defence should have been taken into account when deciding on the case as you have a reasonable chance of success because the debt simply is not yours and this is a case of mistaken identity on the part of the DCA.

[royroy1]

Re: CCJ but wrong identity, need urgent advice

I would like to see the defence you entered if that's ok, you can post on here or email it to me.

This was the defence.

This debt does not belong to me. I do not recognise the debt and have already been through explaining this back in 2012 when a hearing on 31st Oct 2012 was vacated.
Since then, 1st Credit have continued to harass me and have sent me copies of some statements but nothing to suggest that the debt belongs to me. They have been unable or unwilling to provide a copy of any credit agreement and exact details relating to the person to whom the debt belongs. I checked my credit file in regards to this issue and found items listed on my file that did not belong to me but for another person of same name but with a different middle name and different date of birth, it is therefore quite obvious that a mistake has been made and my ID should prove that beyond any doubt (a copy of which I've included).

[wales01man]

Re: CCJ but wrong identity, need urgent advice

If the claim is set aside due to it being against the wrong person can the OP claim the costs back from whoever lodged the claim ?

[EXC]

Re: CCJ but wrong identity, need urgent advice

If the claim is set aside due to it being against the wrong person can the OP claim the costs back from whoever lodged the claim ?

I don't think so. They'd have to have the claim struck out or contested and won to be able to claim the court fee back.

There's also the question of the wrong default and CCJ entry on the credit file which could possibly be claimed for.

[wales01man]

Re: CCJ but wrong identity, need urgent advice

WTF the claim is not against the OP being the wrong person must be an absolute defence or am I thick.
About time the rules and laws regarding Claims were changed and those who bring false claims that are proven are not being put through

[EXC]

Re: CCJ but wrong identity, need urgent advice

WTF the claim is not against the OP being the wrong person must be an absolute defence or am I thick.

It is an absolute defence but you have to engage in the process for the defence to be absolute as it were.

[Nibbler]

Re: CCJ but wrong identity, need urgent advice

WTF the claim is not against the OP being the wrong person must be an absolute defence or am I thick.

If the court sets a hearing and allows time for you to attend and you don't turn up, then the judge can just strike out any defence no matter what it is. Judges do not usually take kindly to "no shows".

[wales01man]

Re: CCJ but wrong identity, need urgent advice

Fair comment in this case they should have defended others may have done it woud be nice to know others in the same baot and if they had any claim.
I think Mr Bumble was right the Law is an ASS

[Endlessnine3]

Re: CCJ but wrong identity, need urgent advice

Please don't be afraid of speaking up in front of the judge
i am in the middle of trying to get a ccj set aside and I have never been in front of a judge or in a court before and my hands were getting all sweaty and i was very nervous Waiting to go in


once I had gone in the room I calmed down a lot as it was not like a normal court room it was just a room with tables chairs and a computer as was not as intimidating as a court room and the judge believe it or not was very friendly which helped me a lot as when I get nervous I stutter a bit and can't get my words out

[joedempsey]

Re: CCJ but wrong identity, need urgent advice

Please don't be afraid of speaking up in front of the judge
i am in the middle of trying to get a ccj set aside and I have never been in front of a judge or in a court before and my hands were getting all sweaty and i was very nervous Waiting to go in


once I had gone in the room I calmed down a lot as it was not like a normal court room it was just a room with tables chairs and a computer as was not as intimidating as a court room and the judge believe it or not was very friendly which helped me a lot as when I get nervous I stutter a bit and can't get my words out

Also I would lodge a complaint with the financial obsbusman who would make a compensation claim on your behalf.
It's disgraceful the way some DCA s are behaving at the moment

[royroy1]

Re: CCJ but wrong identity, need urgent advice

The N244 for set aside has not been filed yet as we simply do not have £155. I know £155 may not sound like much but we have been living in our overdrafts for a while now and the bank have refused to increase the overdrafts when requested this week, we just don't have money at the minute and are struggling.

The "General Form of Judgement or Order" has only arrived just minutes ago in the post, dated the 28th October but saying the claim must be paid by 3rd Novemeber.

What should we do?

We cannot afford £155 to set aside and my wife is terrified as to what is going to happen, all over a debt that is not hers. We were told also that because of not attending the hearing, it is possible that a set aside would be refused and that even applying could lead to being charged with wasting court time, I don't know if that is correct but it's complete madness and a ridiculous system that allows things like this to happen to innocent people.