CCJ from Southern Water - Not Mine. Do I persue Libel Damages

[Grumpy Old Men]

Hi Everyone,

 

I am in the process of applying for a mortgage and quite rightfully the lovely lady at the brokerage

advised my to check my credit report on line via a major name in the credit report game..

.either Equifax, Experian or Call Credit to name a few.

 

What a shock I had....I discovered a CCJ planted against my name that:

 

No 1: Does Not Belong To Me

No 2: The CCJ is issued to an address that I have never lived at

No 3: It is issued to somebody with the same name as me

 

I quickly got to the bottom of where it came from and have had a face to face meeting with the utility company involved.

 

They had the ordasity to ask me for money to get it removed although they admit it is nothing to do with me,

their mistake!...they finally agreed to cover the cost of the court paperwork themselves.

 

I have given them seven days to have it removed or face legal consequences as it is hampering my attemt to get a mortgage on a property I want to buy.

 

I really dont have the energy for persuing a legal claim

but I was wondering if anybody else has ever been in a similar situation

and If I am to sue what would the likely outcome be?

 

I really want this property I have my eyes on and the only thing hampering the process is the CCJ which is nothing to do with me.

 

Once I have waited for the court to remove the CCJ it will probably be around 6 weeks bufore the CCJ is removed form my file..

......far to long.....the property will be gone.

 

Any advise?

 

Thanks everyone.

[havinastella]

You need to goggle Durkin v PC world

 

 

https://www.google.co.uk/search?q=durkin+v+pcworld&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a&channel=sb&gfe_rd=cr&ei=-_hKVNOJL8HH8gfBqIGAAg

[dx100uk]

I have known mortgage companies to accept a letter from the named claimant

outlining the ccj was a mistake etc etc .

 

 

when was the ccj taken out please?

 

 

dx

[Grumpy Old Men]

Hi

 

CCJ issued in 2011

 

If it makes any difference.

 

Thanks

[dx100uk]

good few years compo then might be in order.

 

 

durkin case as pointed springs to mind.

[Grumpy Old Men]

Hi Whats this link?

 

Non existent on google, just tried it.

[Grumpy Old Men]

Food for thought.

 

Thanks

[havinastella]

I'm sure my link works fine! If not, maybe just help yourself a little and goggle Durkin yourself.

[Grumpy Old Men]

Thanks,

 

Found it....interseting read.

[BankFodder]

This is definitely worth compensation – as long as you can show that you have suffered losses as a result.

 

Libel is not the way to go. This is a matter for the data protection act breaches and negligence.

 

You need to begin by making a full evaluation of how this is affected your position over the years.

 

Have you been refused credit? Have you obtain credit but it has been made more difficult or more expensive? Has it delayed or prejudiced any mortgage applications?

 

When you have all this down – and I meaning that you must refer to actual instances with dates or approximate dates and exactly the events in which this city J has impacted upon you, then you can think about placing a compensation value.

 

In addition to that, section 14 Data Protection Act allows you to claim for stress caused to you or your family by the data protection breach. You don't need to prove actual loss that you will need to be able to provide a well written logical statement outlining the stress that you and your family have suffered as a result.

 

Have you been dealing with all of this in writing – or on the telephone? I hope it is all in writing because if it is on the telephone then I'm sure that you haven't recorded any of your calls and so therefore you are wasting very good evidence of admissions and so forth. In addition to this, the fact that they have apparently attempted to charge you money to remove the CC J impacts on your stress levels and on their culpability in the matter and would help to increase the compensation. However, if this is all been said on the telephone and you have not recorded it then you may find it difficult to get them to say all of this again in some form which you can show to a court.

 

As far as the company doing it themselves, have they promised this in writing? Or is this done by telephone?

 

Frankly I wouldn't trust any of these companies and I would begin set-aside application myself with immediate effect – unless I have a firm written undertaking to do it themselves. If it simply on the telephone then I would call them on Monday and tell them that you want an email from them confirming that they will get the CC J set-aside.

 

However, as I'm quite sure that you're not recording your calls, I would sort this out immediately.

[BankFodder]

Incidentally, why are you not telling us the name of the utility company? Are you trying to protect their reputation for them? I think you should let us know who it is so that other people can benefit from this information.

[Grumpy Old Men]

Thanks Bankfodder,

 

The Culprit is SOUTHERN WATER,

yes I am keeping email correspondence from them (although they have now gone quite on me,

maybe they are seeking legal advice for their mistakes

or just waiting for me to submit a compensation claim agianst them)

 

 

I had a face to face meeting with them and

they have admitted liability,

however the time frame involved to get this CCJ removed from my data files held with various credit reference agencies

is not showing in my favour.

The time I am spemding to sort all of this out is esculating day by day, they will be getting the bill.

 

As for the credit reference agencies,

I will be dealing with them seperately as they should have checked thoroughly that the CCJ actually belonged to me...

...Obviously they did not do this because:-

 

1/ The CCJ is nothing to do with me

2/ I never lived at the address as stated on the CCJ

 

It is obvously a mistaken identity.

 

This is a very unusual case.

[Grumpy Old Men]

Southern Water

[BankFodder]

Don't waste your time pursuing the Credit Reference Agencies. They are hugely powerful and they are generally Teflon. Also, in this case on the basis of what you say it would not be their fault anyway. They simply operate a database and their subscribers put entries onto them directly.

 

I should push this very hard and bring it to a crisis. If they're not able to give you a written undertaking by the end of the week then I would start the set-aside process myself. You apparently have a letter saying that the CC J is incorrect. This will be good enough. Make sure that you apply for the costs of your application.

 

Start calculating your losses in the way that I have suggested.

[Grumpy Old Men]

Re' your comments:-

 

"Don't waste your time pursuing the Credit Reference Agencies. They are hugely powerful and they are generally Teflon.

 

Hugely Powerful!.....they have a responsibility to the people they serve, they may serve a purpose for organisations offering credit facilites to consumers but when they get it wrong they need to be punished for it, for the stress, anxiety and sheer misery they deliver to inocent individuals lives....they have to pay the price!

I will persue all those responsible and they will pay the price!

 

When you have time, please read the following:-

 

http://www.compactlaw.co.uk/free-legal-information/consumer-law/credit-rating.html

Alternatively you can refer the matter to the Director General of Fair Trading to decide. Also if you suffer loss or damage as a result of an incorrect entry on your credit file you can take the Credit Reference Agency to court and claim compensation.

 

Also intersting info from BBC http://www.bbc.co.uk/programmes/articles/1FV0VyS6DFgDCS64NP0T4bB/credit-reference-agencies

 

Quote:-

A spokesperson from the Information Commissioners Office (ICO) says,

“Like all companies processing personal information, credit reference agencies are legally required to look after people’s details in compliance with the Data Protection Act. This means that they must make sure that the information held on an individual’s credit file is used fairly, kept secure, remains accurate and is kept up-to-date.

“The examples your programme has shown tonight clearly illustrate how the information held on credit reference files can have a considerable impact on people’s daily lives. This is why credit reference agencies and the organisations who supply them with information about customers’ accounts must make sure that they up-date their records where it is clear that the information they hold is inaccurate. If the information a credit agency holds is factually inaccurate and the agency has failed to take appropriate action, then they can make a complaint to our office. Further details can be found on our website http://www.ico.gov.uk.”