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.
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.
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