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Advice on erroneous ccj


Magicbox482
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Hi, thanks in advance for reading. I have, hopefully, a straightforward case.

 

A company has recorded a £922 ccj against my wife despite numerous conversations, emails and so on.

I need to get it removed and would like to recover any costs in doing so..

It is 100% incorrect.

 

We moved away from the uk in 2007.

We rented our flat out since.

 

In 2010 the tenants used our identity to obtain bank loans, credit and so on, including this which is a telephone debt (O2)

We found out sometime later after the tenants had left and mail was forwarded to our address in Hong Kong.

 

Needless to say I spoke to the police and all the various companies concerned..

Due to the delay in receiving the mail some companies had already passed the information to debt collection agencies etc.

 

I provided them all with evidence of having left the UK, visas, tenancy contacts, utility bills from where we living etc. Whatever was requested.

This took a period of time as we had moved subsequently to Japan and then back to. HK. Mail took time to catch up.

 

Regardless, eventually i believed everyone was duely satisfied, a number had acknowledged no further action etc..

I assumed the matter was finished

 

By chance I checked the ccj register today, something popped into my head.

 

What i find is a ccj registered at the end of 2013 against my wife, for £922.

I have not received any communication in regard to this, at the time or since.

Although we are now living in the UAE, so mail may well be out there in cyber space

 

My question being

what is the best way of putting this matter to rest,

repairing any damage and recovering the expense it will undoubtedly cost me.

I will apply to have this cancelled etc

 

Many thanks

Darren

Edited by Magicbox482
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so you still have assets in the UK?

 

yes if you can prove she was not resident at that time and it is fraud

the court via an N244 should agree with you if you provide them with all the evidence

like fraud case number etc etc.

Edited by Andyorch
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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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2019/20...the CCJ will fall off your UK credit Files (6 years)...if you don't intend returning to the UK before then do nothing...or you require your CRA to be clear for some reason then you can make application to set the judgement a side....(very difficult from the UAE) as you may have to attend the court that deals with your application....the Fee is £155.00

 

Regards

 

Andy

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If you have all the proof that it was fraud with police ref etc, I think a good chance of set aside. It costs £155 for the set aside application but given the circs and the fact you were never given the opportunity to challenge the claim / default judgment, I would first contact the claimant with the facts and request they consent to the set aside (that would be the easiest and cheapest option) pointing out that if they refuse you will have no option but to submit a set aside application to the court and will be seeking any costs incurred.

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