Judgment Showing On My Credit File [carter/egg] That I Know Nothing About!!!

[JeffersonMangum]

I started checking my Experian and Equifax Credit Reports and

 

a County Court Judgment from 2009 shows up.

 

However I know nothing about this judgment!

 

I certainly didn't receive an 'invite/letter' to appear in court (whatever the technical term is!)

 

The address shown on the judgment is incorrect.

It shows 111C John Smith Road, whereas I lived at 111D John Smith Road.

Would this invalidate the judgment?

 

Should I contact the court and ask for the judgment to be removed/suspended,

or should I wait to see if they try to enforce the judgment (which they haven't yet)

and then start the refutation process?

[BRIGADIER2JCS]

Hi yes check with the court or Trustonline find out all the details and come back here.

[JeffersonMangum]

Checked with Trustonline.

 

They have told me the Amount (XXXX.XX)

Court Name (Northampton)

the Case No (Won't disclose online)

the date of judgement (xx/xx/2009)

 

and the Status - (Unsatisfied Judgement).

 

But there is nothing detailing the person to whom the money was owed,

 

or who bought the case??

 

What should I do next?

[BRIGADIER2JCS]

You will need to Contact Northampton County Court Bulk Clearing Center to get the details you just need the claim number.

[dx100uk]

ask them for the details

of the judgement box

 

dx

[JeffersonMangum]

The plot thickens!!

 

Bryan Carter is the 'complainant' in this Judgment (if that's the right term) - acting on behalf of Egg.

 

However I was already paying Bryan Carter a monthly amount as agreed in a MyVesta DMP

- can they take me to court if they have agreed my terms?

 

How can I prove that I was paying that amount toward Egg and not a different debt.

 

My big GRIPE is that Bryan Carter had my correct address (as they were corresponding with me), but submitted an incorrect address to the court.

 

I can only imagine they did this on purpose knowing that I would not be able to defend myself and they would secure a judgment!!

 

Can I hit them with some legal action of my own

- perverting the course of justice or something similar??

 

I am now going to submit paperwork to have the judgment set aside.

 

If the judge refuses, is there any process whereby I can put enough pressure on Bryan Carter to remove the judgment.

[dx100uk]

ah thats good and typical MO for BC

 

there are lots of threads here about the same diddle.

 

if you were already paying through a DMP, you can prove it by their statements

 

and that along with purposeful serving to an old AD

 

will set aside easy

 

then the CCJ etc MUST be removed.

 

dx

[JeffersonMangum]

Lovely, thanks DX100. Is there scope with hitting them with a claim for 'obstructing the course of justice'? Or am I setting my sights too high??

[JeffersonMangum]

Oh, another point. How can I prove that they new my address? I'm 100% positive that they corresponded with me at the address, but I haven't kept the letters (foolish I know!).

 

If I send them an SAR will they have to send me copies of all correspondence that they sent out? Is there a chance they could 'amend' this info to cover their tracks?

[dx100uk]

you dont have to prove that.

 

all you need is the front sheet of the CCJ

it'll show the wrong address.

 

dx

[JeffersonMangum]

Thanks! On my Noddle file, a CCJ from 2008 shows up. But I know that this was cancelled by the Northampton Court and I paid the debt. How can I get this CCJ removed from my Noddle file?

[dx100uk]

was the CCJ paid within 28days of judgement?

 

dx

[JeffersonMangum]

I can't remember exactly. I think the complainant offered me a repayment schedule. I stuck to the schedule but still somehow got a CCJ. I appealled to the Northampton Court and they cancelled it - as far as I can remember.

[JeffersonMangum]

If, the judgment is set aside, and the last payment was made over 6 years ago, will the debt be statute barred. Also, why would the debt not be showing on my credit file with any of the CRAs?

[BRIGADIER2JCS]

Yes the debt is SB, defaulted accounts are removed after 6 years paid or not.

[JeffersonMangum]

Following the advice of this most excellent forum, I have submitted an Application to Set Aside for a CCJ that Bryan Carter lodged against me. This was sent to the incorrect address, so I never had the chance to defend myself/respond.

 

I know (but can't prove) that Bryan Carter had my correct address at the time.

 

Can I pursue them for the £80 fee through the small claims court, liberally using the term 'abuse of process'? How can I prove that they knew my correct address? I threw away all their correspondence - can I compel them to send me every letter they've previously sent?