CCJ 'set aside' and claim 'struck out' but Equifax still reporting on my file - ** Resolved **

[Stan Dinorder]

A 'default judgement' was made against me after I had disputed a supplier's invoice at work.

 

The supplier took his anger out on me when I would not authorise payment

and wrongly named me as a 2nd Defendant in his online Money Claim.

 

This became a huge problem for me because he had used a 4 year old address of mine in his claim.

 

I received no papers and had no opportunity to defend the claim.

 

Judgement was made 'in default'.

 

I became aware of the judgement through 'checkmyfile.com' 3 weeks after the CCJ was ordered on 4 April 2014.

 

I applied to have the judgement 'set aside' and sent a cheque for £80 to pay the fee.

 

One month later and after numerous calls to the Salford court admin centre,

I finally found out why nothing had happened.

 

The fee had risen from £80 to £155 whilst my application was waiting to be dealt with.

I paid the new fee by card and the hearing took place at Chester County Court on 8 July 2014.

 

The Judge was great and not only had the judgement 'set aside'

but made the Claimant state 'on the record' that no claim existed

and, accordingly, he ordered that the judgement be 'struck out'.

 

I asked when this would be updated on my credit report.

The Judge answered that he had no idea as his Order would remove the judgement from the registry

and they did not deal directly with the reference agencies.

 

I immediately contacted the 3 main agencies with a letter and a copy of the 'set aside' order.

Within 48 hours, both Experian and Callcredit replied

and confirmed that they had already removed the judgement after receiving an updated register.

 

However, Equifax continued to report the CCJ as 'live'.

 

Checkmyfile.com promised that they would speak to Equifax on my behalf.

I had to pay their subscription first.

It's only £7.99 but I paid only for this purpose.

 

I have received 6 replies over the last week from checkmyfile.com.

 

The replies are all from different 'credit analysts' and all have different information and advice.

None have helped in the slightest.

 

I find it hard to believe that these are REAL, EXPERIENCED credit analysts

as their understanding is very limited and, in most cases, their advice plain wrong.

 

I have been told that 'Equifax need a 'Certificate of Satisfaction' from Northampton'

and 'Equifax won't accept the 'General Form or Judgement or Order'

and need a stamped 'certificate''.

 

I have explained that the Order that Chester Court sent to me IS stamped

and sets out exactly what the Judge said in court on 8 July 2014.

 

The judgement is set aside and the claim itself is struck out.

 

The claim NO LONGER EXISTS as it has been struck out and deleted.

 

Therefore, how can I 'satisfy' something that does not exist?

 

And why would I want to acknowledge that there IS a claim by asking for a Certificate of Satisfaction?

 

I need to know why Equifax have not removed the judgement from my file

just as the other credit reference agencies did when they received notification of the court Order to 'set aside'?

 

I need to get this judgement removed quickly as I will not pass a landlord's reference check otherwise.

 

Please can anybody advise me as to the best way to approach this problem? I should be most grateful for your direction on this matter.

 

Finally, am I alone in thinking that 'default judgement's' are ordered far too quickly.

 

Anybody can make a claim and if they knowingly use an old address,

it is 99% likely that a judgement will be made 'in default'.

 

The Judge at my hearing was angry with the Claimant and actually said

that his actions were 'reckless' but nothing else happened.

 

I have had to spend £155 for the application fee

and I have wasted days and it's STILL not sorted out.

Surely the system needs amending here?

[BRIGADIER2JCS]

CRAs will normally require a Cert. of Satisfaction if the judgement is against an individual the quashing of a judgement and the order should be enough.

 

A Formal Complaint is needed to Equifax, although you are fortunate in my opinion to get the other entries retracted so quickly.

 

As for judgments by default there are time scale laid down for acknowledging a claim and the rest of the claim process if these are not met the claimant can apply for judgement, you had a proper remedy to your situation.

[dx100uk]

but the documents were purposefully sent to the WRONG ADDRESS............!

 

sadly this happens 1000's of times every day at northants

 

which is why debt buying in more profitable than being a bank,.

 

 

yes it should be stamped out

and should have been changed 40+ yrs ago.

[BRIGADIER2JCS]

Are you actually liable for invoices for supplies bought by your employer? e.g. partner/director?

[Stan Dinorder]

NO - I certainly don't have any liability.

As a 'Manager' in a small limited company,

I make sure that all supplier invoices are accurate and correctly detailed.

 

We had terminated a 'Contract to Supply Services' by giving notice as per our agreement.

The supplier is a Technology Contractor and we had engaged him to implement various upgrades for a very well known software manufacturer.

 

The agreed rates were high and so,

after missing both 1st and 2nd deadlines,

we decided to give the guy notice and find a replacement.

 

The IT Contractor was very unhappy but worked his notice and left.

Subsequently, I received an invoice from his ltd company which I refused to pay.

 

His invoice, for £14,040 (11700 + VAT) or 22.5 days @ the agreed daily rate of £520 (plus VAT), represented his 'lost earnings' for the remainder of the contract.

 

His covering letter stated that "the contract had in fact been a 'fixed fee' agreement and could not be 'terminated'.

He (as Director of the limited company) had not been able to find work during this period

and, therefore,

we were legally obliged to pay his invoice in full."

 

Our solicitor confirmed that we had terminated the contract correctly and that this invoice should not be paid.

 

As the bearer of bad news,

I was singled out by the Contractor as being 100% to blame.

 

His actions in including me as a 'Defendant' were particularly underhand and vindictive.

I am going back to the court at Chester tomorrow morning to ask them to help me get this judgement removed.

 

Do you think that I will be able to recover my £155 fee from the Claimant now that the claim has been struck out?

Or am I just opening up another potential 'can of trouble'?

Edited August 4, 2014 by citizenB

[BRIGADIER2JCS]

He should certainly pay all your costs.

 

 

 

 

Can't understand Equifax not accepting the judgement order ahs confirmation that there is no CCJ.

See what the court says and make a formal complaint to Equifax.

There was a rep on here I'll see if I can find him.

[Stan Dinorder]

Much appreciated - thank you. I have just written a letter to Equifax. Are there any other email addresses that I could use? I have sent it to 'customer.relationsUK@equifax.com. This appeared to be the only one I could find. Any ideas?

[BRIGADIER2JCS]

Not worth e-mailing imo it'll probably end up in Asia somewhere!

[slick132]

Hi Stan,

 

This has been reported to the site team for input.

 

While waiting for others to comment, have you made sure you have Screen Shots or printed copies of any adverse data reported about the alleged debt.

 

If the claim was vindictive and deliberately sent to an old address, you may have a claim against the original Claimant. Evidence of this may be useful if you decide to pursue the matter seeking compensation.

 

[AndyOrch]

Hi Stan

 

How do I apply for a Certificate of Satisfaction/Cancellation?

 

You may apply to the Court for a certificate of satisfaction or cancellation. You may have to pay a court fee for the certificate. For more information about fees, please refer to booklet EX50 – Civil & Family Court Fees (High Court and County Court). This booklet lists the most common civil and family fees.

 

What is the difference between a satisfied judgment and a cancelled judgment?

 

If a judgment has been paid in full within one month of it being issued (e.g. Judgment entered on 01/02/06, paid in full 25/02/06) your judgment will be marked as cancelled and will be removed from the Register of Judgments, Orders and Fines.

If the judgment is paid in full after 1 month of it being entered (e.g. Judgment entered 01/02/06, paid in full on 04/06/06), it will be marked as satisfied on your file. This will remain on the register of Judgments, Orders and Fines for 6 calendar years from the date of the judgment order.

 

 

PS.You should have requested fixed costs within your application to set a side ( fee £155 ).

 

Regards

 

Andy

[BRIGADIER2JCS]

The problem here is Equifax not accepting sight of the judgement order as proof there is no judgement,

the other CRAs have removed all mention of the matter from the records.

[Stan Dinorder]

I 'logged on' to checkmyfile.com this morning and

the CCJ is still being reported as 'active' by Equifax.

 

I note that Equifax have offices in Bradford.

 

Do you think it would be worthwhile driving over from Manchester with the judgement order

and screen shots from checkmyfile.com?

 

Would I be able to speak to one of their Customer Services team face-to-face?

 

I must complete a reference check as part of a property letting agreement.

The judgement on my Equifax report is destroying my public credit score with them.

 

I score 363 with Equifax and 909 with both Callcredit and Experian.

 

I will not meet their 'pass' criteria with the judgement still 'active'.

 

This is why I will consider all available options.

 

So, if Equifax are known to have an 'enquiries desk', open to the general public, then please let me know.

[BRIGADIER2JCS]

richard F. Smith is the CEO.

 

The choice of travelling or not is something only you can decide.

 

I don't if Equifax has a public enquiry desk.

 

I still think a formal complaint to Equifax is the way forward.

[Stan Dinorder]

I must doff my cap in thanks to the Brigadier for his advice, above.

 

I changed the addressee on my letter of complaint and popped it into the electronic postbox yesterday.

 

The recommendation to address my complaint to 'Richard F. Smith CEO Equifax'

brought about my very first reply from the company.

 

A named Equifax employee confirmed that my complaint was, indeed, valid

and that her aim today would be to have my credit report amended to reflect the directions

made by Court Order of 8 July 2014.

 

I will keep the forum updated.

 

And the CCJ has gone!

Many thanks for your great help.

 

Very very pleased!

[AndyOrch]

Well done Stan delighted this has now been resolved.....

 

Regards

 

Andy

[BRIGADIER2JCS]

I must doff my cap in thanks to the Brigadier for his advice, above.

 

I changed the addressee on my letter of complaint and popped it into the electronic postbox yesterday.

 

The recommendation to address my complaint to 'Richard F. Smith CEO Equifax'

brought about my very first reply from the company.

 

A named Equifax employee confirmed that my complaint was, indeed, valid

and that her aim today would be to have my credit report amended to reflect the directions

made by Court Order of 8 July 2014.

 

I will keep the forum updated.

 

Stan

 

 

An excellent result Stan, your thanks are appreciated!!

[Lou]

I have had stern words with Equifax today.

 

They should have removed a default automatically at midnight last night and did not!

 

I insisted on being put through to the UK supervisor and

 

after a lot of dithering around she agreed to erase said default from my file immediately.

 

I am not happy with Equifax at all and would rely more on Experian.

 

It might be worth causing a scene with the overseas telephone service they use

and demand to speak to someone in the UK about this.

 

Do not be fobbed off with the person saying they are going to "raise a query with the company"

- give them a hard time and you will be re-directed to someone in this country

who has some leverage and powers to do what you want!

[BRIGADIER2JCS]

Well done it's an approach I for one always recommend,

avoid customer (dis) service at all costs,

they have nothing to say bar a company script

(which they probably don't understand anyway).

[Surfer01]

Are you going to pursue the claimant for your costs plus the time spent removing the CCJ from your file?

[BRIGADIER2JCS]

Well done it's an approach I for one always recommend, avoid customer (dis) service at all costs, they have nothing to say bar a company script (which they probably don't understand anyway).

 

 

If you are referring to the post made by Lou, it would seem that cost and time are minimal.

[slick132]

Compensation for the CRA data being reported ??

 

Kpohraror v Woolwich BS

 

Durkin v DSG Retail

 

[BRIGADIER2JCS]

There is an " interloper " thread Reb. not sure if Surfer is referring to Lou or Stan's post.

[Surfer01]

I was asking Stan.

[BRIGADIER2JCS]

Any progress on this Stan?

[Stan Dinorder]

Apologies, Brigadier. This was all sorted out. Many thanks for your help. Stan Dinorder.