CCJ but wrong identity, need urgent advice

[Amethyst]

Re: CCJ but wrong identity, need urgent advice

You can try applying for the setaside without a hearing which is £50

[Amethyst]

Re: CCJ but wrong identity, need urgent advice

Did you send the CCA request and did you contact the original creditor ? http://www.legalbeagles.info/forums/...899#post483899

[Amethyst]

Re: CCJ but wrong identity, need urgent advice

You will need to sort out your credit file too.

Can you later do a list of everything on the file that doesn't belong to your wife.

You'll need to contact the CRA's and you may also need to contact Action Fraud and CIFAS as it could be a case of identity theft rather than mistaken identity if there is more than just this account showing on there.

[mystery1]

Re: CCJ but wrong identity, need urgent advice

Ask the claimant to consent to a set aside application and ask them to pay. They might not pay but if they consent it's only £50 and no argument.

Why are people so afraid to talk to the enemy ?

M1

[Amethyst]

Re: CCJ but wrong identity, need urgent advice

Because they are mean ??

Seriously though as I said last week, '' 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.''

[royroy1]

Re: CCJ but wrong identity, need urgent advice

Did you send the CCA request and did you contact the original creditor ? http://www.legalbeagles.info/forums/...899#post483899

Yes, have done both.

[royroy1]

Re: CCJ but wrong identity, need urgent advice

I know you guys are right, but unfortunately my wife doesn't have the confidence to ring them and speak to them. I know it will sound daft but she's a nervous wreck with things like this, the thought of having to attend a hearing even although she's done absolutely nothing wrong has her in a mad panic.

[royroy1]

Re: CCJ but wrong identity, need urgent advice

You will need to sort out your credit file too.

Can you later do a list of everything on the file that doesn't belong to your wife.

You'll need to contact the CRA's and you may also need to contact Action Fraud and CIFAS as it could be a case of identity theft rather than mistaken identity if there is more than just this account showing on there.

My theory, is that it's my wifes cousin. My wife has a cousin with the same name as her, this cousin stayed with us for a short while some time ago and my suspicion is that this cousin acquired credit using our address (using her own name so doing nothing illegal, but knowing full well that by having the same name as my wife she'd have benefitted from my wifes at that time excellent credit history). I've always been suspicious, the cousin is a waster who spends atleast half the year abroad working in pubs and clubs and then when she's back in the UK latches onto and stays with whatever friend or relative she can before disappearing again. My wife won't hear of it though, she won't have me say a bad word about her cousin.

[Amethyst]

Re: CCJ but wrong identity, need urgent advice

Okay, no it doesn't sound daft at all, I have similar difficulties with the phone. You can go with her to the hearing, and it really isn't as bad as people think, almost everyone comes back suprised at how unscary it was.

What did OPUS say ?

[royroy1]

Re: CCJ but wrong identity, need urgent advice

Okay, no it doesn't sound daft at all, I have similar difficulties with the phone. You can go with her to the hearing, and it really isn't as bad as people think, almost everyone comes back suprised at how unscary it was.

What did OPUS say ?

Waiting for Opus to get back to us as they were unable to confirm any details when I spoke to them. Apparently Opus took over from Citi Bank who were the original lender.

I've tired telling her that it won't be as bad as she thinks but it doesn't matter what I say, she's had social phobia since being bullied at school as a teenager.

[Amethyst]

Re: CCJ but wrong identity, need urgent advice

Okay this is going to be a bit tricky but we'll suss it out.

Is the date of birth on the credit file the same as the cousin btw?

[Amethyst]

Re: CCJ but wrong identity, need urgent advice

Basically it has to be dealt with because otherwise you will have this trashed credit file, and be paying CCJ's, have your house at risk and potential for having Attachment of Earnings, Bailiffs etc.

This needs to be applied to set aside, so you either have to find £50 and speak to the claimant, or £155 and have a hearing - maybe you could ring the claimants on her behalf and your wife can give permission for them to speak to you (I do that all the time - my OH rings up for me, explains I'm a bit crap, and I just mumble that yes I give him my permission to talk on my behalf and it's usually ok)

[royroy1]

Re: CCJ but wrong identity, need urgent advice

The claimant won't agree to a set aside.

They say

"Throughout the proceedings to date you have failed to provide any evidence that this is not or cannot be your agreement. " Evidence has been provided as my wife sent a copy of her ID to the court, which shows a different middle name and different date of birth to that which the claimant has listed with the credit reference agencies. " It is a tenet within disputes such as this that the evidentiary burden in making an allegation rests with the person making it. We take the view that you have failed to do so.

We note that you intend to make application to set the Judgment aside. We will resist the application once received."
Why should the burden lie with my wife? They are the one claiming a debt owed.

[Amethyst]

Re: CCJ but wrong identity, need urgent advice

Well at least we know we are dealing with To$$ers then.

I would like to know if you are victims of ID theft / fraud or whether this case is a one of mistaken identity. What other things are on the credit file ?

[royroy1]

Re: CCJ but wrong identity, need urgent advice

I would like to know if you are victims of ID theft / fraud or whether this case is a one of mistaken identity. What other things are on the credit file ?

There is another entry on the credit file which was not recognised, did not belong to my wife, also with the same details as this one. The copies of statements that 1stCredit sent showed our address as the address those statements had been sent.

Is the date of birth on the credit file the same as the cousin btw?

No, it's not. Nor do the dates match to when the cousin was here. It may be nothing to do with the cousin, my suspicion could be wrong, it was the only theory that made any sense to me.