CCJ but wrong identity, need urgent advice

[Amethyst]

Re: CCJ but wrong identity, need urgent advice

Okay, have you spoken to the CRA's at all ? That might be an idea to point out to them that the entries are incorrect and the information is different. Wonder if [MENTION=23793]James Jones[/MENTION] could help at all on this.

The only way to get this CCJ sorted is to apply to set it aside. You can try applying for without a hearing but it sounds as though they would resist that and defend your application.

[EXC]

Re: CCJ but wrong identity, need urgent advice

"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.

If you just sent the evidence to the court without engaging in the court process properly Ist Credit won't have seen it. I would respond with the evidence and ask them to reconsider agreeing to a set aside.

[Nibbler]

Re: CCJ but wrong identity, need urgent advice

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.



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.

- Enter a dispute via all CRAs it appears on, and perhaps have a word with their ID fraud team. I know Experian have people set aside to assist on matters like that, so as said contacting them or as said James Jones their head of PR could be useful.
- Formally dispute with the DCA or company that it is recorded under that this is not your debt, that they are recorded it inaccurately against you in breach of the Data Protection Act, and that their false registration of this against your file has caused damage and distress, including but not limited to the granting of a CCJ against you for a debt that was never yours.
- Tell them that unless they remove all records, and instruct their solicitors to cooperate in the removal of the CCJ, you will be taking the matter to the FOS, and regarding the data protection breaches to the ICO. That you will also be reporting their conduct to the FCA.

If you get complaints in and moving from several different angles, then the pressure will mount on the DCA/solicitors to cooperate rather than being the bunch of idiots they are at the moment.

[wales01man]

Re: CCJ but wrong identity, need urgent advice

If I can add to this Fight this with eveyrthing you have including the Police as this debt is not your and Identity fraud has happened you must go at the CRAs and the DCAs all guns blazing when you win get advice and claim of all of those taking this action.
If this is not sorted all other lowliffs claiming money will be at your door

[royroy1]

Re: CCJ but wrong identity, need urgent advice

This has gotten totally out of hand now and we just don't know what to do as the court is ignoring us and it's just one big mess. We couldn't afford to try for the suggested set aside as we couldn't raise the £155. We (perhaps wrongly) decided to go for the cheaper option and request being able to pay by monthly instalments but adding the explanation that the debt wasn't hers but until such time as we could afford to fight it were asking for monthly payments and offered £30 a month even although we couldn't even afford that. 1st credit refused and a hearing was set, my wife wouldn't go to court (it doesn't matter how much people say it isn't that bad and to not be frightened, she would've walked off a cliff rather than have gone, she's in a terrible state over it all, she suffers from social phobia at the best of times and since this all started has been prescribed depressent tablets) and the result is that the court dismissed the request and she's been told to pay over £7000. I can't understand why the judge has ignored everything on more than one occassion now, the court never sends any information on how things work or any explanations, the court has been provided with all the details and ignores it all and continually sides with 1st Credit. Now 1st Credit has made a charging order against the house and there is to be a final hearing to 'consider whether to make a Final Charging Order' whatever that means?? We do not understand all this and do not know what to do. We have no money, we are struggling big time, so I don't know what their game is.

This debt is not my wife's, and we are now pretty certain that it was the cousin who acquired a credit card using our address. Not much we can do there, I've had no joy tracking the cousin down but her father has said that he would cover a monthly payment although as he's retired and not in a great position himself he says the most he could pay would be around £40 a month but atleast he's willing to do what he can. I'm guessing the cousin probably committed a fraud and knew full well what she was doing and whilst I could easily knock her senseless for what she's put us through there is no way I'd ever grass on anyone, so until we can get a hold of the cousin we are going to have to carry the can. If monthly payments could be agreed then my wifes uncle is prepared to pay for his daughters debt upto around £40 a month. So, is there any way we can get this all sorted out and pay by a monthly payment? I don't know what 1st Credit are trying to achieve. What do we do? What is the charging order all about?

[nemesis45]

Re: CCJ but wrong identity, need urgent advice

A legal charge securing the debt against property owned by the debtor the debt to be paid from the proceeds if the property is sold.

nem

[royroy1]

Re: CCJ but wrong identity, need urgent advice

A legal charge securing the debt against property owned by the debtor the debt to be paid from the proceeds if the property is sold.

nem

Thank you, but what do they gain by that? The house isn't going to be sold.

[nemesis45]

Re: CCJ but wrong identity, need urgent advice

It's security.
nem

[Amethyst]

Re: CCJ but wrong identity, need urgent advice

On the Judgment order you have does it tell you to pay forthwith ?

You can apply ( yes it;s the same N244 form with the £50 fee - OR check if you are exempt from fees by reading the EX160 form ) to apply to VARY the order from a forthwith (pay £7k within 28days) TO an installment order ( £40 a month (or more or less) based on your income and expenditure)

How did you go about it the first time ?

We (perhaps wrongly) decided to go for the cheaper option and request being able to pay by monthly instalments but adding the explanation that the debt wasn't hers but until such time as we could afford to fight it were asking for monthly payments and offered £30 a month even although we couldn't even afford that.

Who did you make the request to ? and what was the hearing for?

You may have to accept a charging order as part of the deal and you'd be more likely to get a lower sum each month if you indicate that would be acceptable.

I really feel for you how awful this is when it isn't even your bloody debt.

[Nibbler]

Re: CCJ but wrong identity, need urgent advice

This has gotten totally out of hand now and we just don't know what to do as the court is ignoring us and it's just one big mess. We couldn't afford to try for the suggested set aside as we couldn't raise the £155. We (perhaps wrongly) decided to go for the cheaper option and request being able to pay by monthly instalments but adding the explanation that the debt wasn't hers but until such time as we could afford to fight it were asking for monthly payments and offered £30 a month even although we couldn't even afford that. 1st credit refused and a hearing was set, my wife wouldn't go to court (it doesn't matter how much people say it isn't that bad and to not be frightened, she would've walked off a cliff rather than have gone, she's in a terrible state over it all, she suffers from social phobia at the best of times and since this all started has been prescribed depressent tablets) and the result is that the court dismissed the request and she's been told to pay over £7000. I can't understand why the judge has ignored everything on more than one occassion now, the court never sends any information on how things work or any explanations, the court has been provided with all the details and ignores it all and continually sides with 1st Credit. Now 1st Credit has made a charging order against the house and there is to be a final hearing to 'consider whether to make a Final Charging Order' whatever that means?? We do not understand all this and do not know what to do. We have no money, we are struggling big time, so I don't know what their game is.

This debt is not my wife's, and we are now pretty certain that it was the cousin who acquired a credit card using our address. Not much we can do there, I've had no joy tracking the cousin down but her father has said that he would cover a monthly payment although as he's retired and not in a great position himself he says the most he could pay would be around £40 a month but atleast he's willing to do what he can. I'm guessing the cousin probably committed a fraud and knew full well what she was doing and whilst I could easily knock her senseless for what she's put us through there is no way I'd ever grass on anyone, so until we can get a hold of the cousin we are going to have to carry the can. If monthly payments could be agreed then my wifes uncle is prepared to pay for his daughters debt upto around £40 a month. So, is there any way we can get this all sorted out and pay by a monthly payment? I don't know what 1st Credit are trying to achieve. What do we do? What is the charging order all about?

Possible they could also apply for an order for sale, but those are very unlikely to be granted.

By making offers on a debt you don't owe and refusing to attend hearings, you have backed yourselves into a difficult corner.

[Amethyst]

Re: CCJ but wrong identity, need urgent advice

The court won't deal with things outside of the formal process, and sadly applications are the process. The £155 application fee is already a huge barrier to people, and to think it is going up to £255 in April is quite devastating for people who fall just outside fee exemption eligibility.

my wife wouldn't go to court (it doesn't matter how much people say it isn't that bad and to not be frightened, she would've walked off a cliff rather than have gone, she's in a terrible state over it all, she suffers from social phobia at the best of times and since this all started has been prescribed depressent tablets)

I really do understand that. Do you think she would be able to go to CAB with you as they might be able to help more face to face ?

[royroy1]

Re: CCJ but wrong identity, need urgent advice

On the Judgment order you have does it tell you to pay forthwith ?

You can apply ( yes it;s the same N244 form with the £50 fee - OR check if you are exempt from fees by reading the EX160 form ) to apply to VARY the order from a forthwith (pay £7k within 28days) TO an installment order ( £40 a month (or more or less) based on your income and expenditure)

How did you go about it the first time ?
Who did you make the request to ? and what was the hearing for?

You may have to accept a charging order as part of the deal and you'd be more likely to get a lower sum each month if you indicate that would be acceptable.

I really feel for you how awful this is when it isn't even your bloody debt.

The request was to the court. It was a Re-Determination hearing. It did actually say on the court letter giving the date of the hearing that my wife should attend, so I know this whole mess is because she wouldn't/couldn't. I understand there are procedures (which are never explained in any correspondence) but I would've thought that commonsense would prevail and the judge would know that there's no way £7000 can be paid in 14 days (which is what the original judgement form said).

[royroy1]

Re: CCJ but wrong identity, need urgent advice

The court won't deal with things outside of the formal process, and sadly applications are the process. The £155 application fee is already a huge barrier to people, and to think it is going up to £255 in April is quite devastating for people who fall just outside fee exemption eligibility.



I really do understand that. Do you think she would be able to go to CAB with you as they might be able to help more face to face ?

I have thought about CAB but one of our sons friends mum is manageress at our local one. Can we go to any CAB or only our nearest one?