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Recently found a CCJ on our credit report that we didn't know about!!

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  • Recently found a CCJ on our credit report that we didn't know about!!

    Hi everyone,

    I'm new here but desperate for some advice please, I'll try to keep it brief and to the point!

    Me and my partner are in the process of trying to buy our first home. We checked our credit reports and were shocked to find a CCJ had been filed in his name in Nov 2011 by T-Mobile which we had no idea about. Rather naively, he had never checked his file before Last week.

    We have looked into it and it was a payment for a final bill with them in September 2014. We moved house in July 2014 and never received a notice. We called T-Mobile who sold the debt on to Lowells and they had very little information to give us, saying the debt had been sold on - the CCJ was filed by T-Mobile. His phone bill was paid by direct debit to T-Mobile in July and August, no problem. The guy at T-Mobile said that the final bill is normally taken out of the same account by direct debit after the final bill is received. There were no failed direct debits listed after August 2014 and his bank details haven't changed, by all accounts it doesn't look like they tried to take the money. He didn't advise T-Mobile of his new address as there were lots of things going on at the time but there were no phone calls (they knew his number was staying the same as he got the PAC code from them) and they had his email address on file. I don't believe there was reasonable attempts to contact him aside from letter.

    Tomorrow he will attempt to call Lowells for all the documents they have attaining to his case. I don't hold out much hope though as previously when they called they said they knew nothing about his case aside from him owing £70!! T-Mobile have nothing regarding this now, only that it's a closed account.

    When Lowells contacted him we promptly paid as didn't want them to take us to court - little did we know then that he already had a Ccj on file for this.

    its a complete mess and I'm hoping you can give me some advice. What do you think our chances are of applying to have this judgement set aside?

    thankyou (and sorry for rambling on!)
    Tags: None

  • #2
    Re: Recently found a CCJ on our credit report that we didn't know about!!

    Hi and welcome

    The application to set aside a judgement costs £255.
    We are now in July, and that CCJ is due to drop of his record in November.
    If you are unsuccessful in your application, the new judgement will run for a further 6 years
    You might be able to obtain the creditors consent to set aside, but this will still take time.

    Has the judgement been marked as satisfied?

    I would suggest just wait till November.

    Comment


    • #3
      Re: Recently found a CCJ on our credit report that we didn't know about!!

      Hi and thank you for responding,

      Sorry I don't think I made that bit clear, the judgement was made in 2014, so he has another 3 years to run on it otherwise we would just wait.

      It is now satisfied and we are just waiting for them to update the credit reference agencies to that affect.

      If it's satisfied and we appeal it, that means that it will start over and he'll have it for another 6 years?!

      Comment


      • #4
        Re: Recently found a CCJ on our credit report that we didn't know about!!

        I think , even if you obtain the consent of the claimant, you will have difficulty in having this judgement set aside.

        To set aside a judgement which has been paid could appear to be an intrinsic nonsense, and even viewed by the court as an abuse of process.

        To set aside you need to show, not only that you didn't receive the papers, but that you have a defence to the claim which could be successful.
        By paying the judgement you have shown you agree with the claim and have no defence.

        But hang on, others might have a different viewpoint

        Comment


        • #5
          Re: Recently found a CCJ on our credit report that we didn't know about!!

          Ah what a nightmare, we paid because Lowells threatened us with court action, us not realising it had been to court in 2014 and we already had a CCJ!

          When we spoke to T-Mobile today the chap in billing told us if we'd called at the time they've have withdrawn it as they clearly didn't try to contact us by other means and they didn't attempt to take the direct debit as they usually do with a final bill.

          It all seems so unjust!

          - - - Updated - - -

          Unfortunately for us though we aren't disputing what we owed, just that we weren't given fair opportunity to pay it before action was taken!

          Comment


          • #6
            Re: Recently found a CCJ on our credit report that we didn't know about!!

            All I can suggest is you get that in writing from T-Mobile in a letter addressed "to whom it may concern".
            Together with evidence the judgement was satisfied, and a full explanation a decent mortgage broker might be able to find you lender prepared to help at normal rates.

            Good luck and best wishes for the future.

            Comment

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