Backdoor HPH2 CCJ - Aqua Credit Card now AEO/N56

[persha50]

Hi - I have just had a look at my credit file from one of the companys were it is for free (clearscore)

and see that a CCJ has been issued but at an address I do know and have definitely never ever lived there.

 

These is a reference number is there any way of finding out who has issued the CCJ?

 

In a panic as its messy up my credit score.

[fkofilee]

http://www.trustonline.org.uk/ or Ring the courts.

If it has a reference they can dig it up for you.

[dx100uk]

sorry you do know the address ?

but you've never resided there?

 

 

dx

[persha50]

Hi - yes have the address as its on my credit file but its not my address. How do I get if off my credit report???

[dx100uk]

but the CCJ is yours mind?

 

 

dx

[persha50]

Hi - no its not. Its in my name and do not know from whom at an address that I have never lived at?

Just done the search and its there but does not say who has done the ccj - just a reference number?

[dx100uk]

post 2?

 

 

dx

[persha50]

Thanks - I did the online search but it does not give details of the creditor just that a ccj has been issued at the address.

 

Its just says County Court Business Centre so have no idea who to phone.

 

I would presume it would be Croydon as that is where the postcode is.

 

The only think it does have is a reference number.

 

Could this be someone using my identity?

 

Any ideas how I get it sorted?

[dx100uk]

ok sorry yes gives the same info in this instance

 

phone the court concerned and ask for a copy of the CCJ.

 

could be fraud yes.

 

dx

[persha50]

Thanks will give them a call.

 

Will they still give me a copy if I say its not mine?

 

Is there a particular department I need to speak to or just ask for CCJ section.

 

Sorry for all the questions but have not dealt with this before.

 

Should I also put disputes/correction on my credit record.

 

Was wondering why my score was so low as it say "may have had a ccj" in the reason why bit (I used Clearscore)

 

did not realise it had a drop down menu with the details there,

only found out today why that was on and they told me where to look.

[dx100uk]

CCJ's are by person not address

 

so if its on your file

then the CCJ must be in your name.

 

as for what actions to take.

well you need the info first.

 

if you've moved around a lot

it might well be fraud by people getting ahold of your info

and you not informing creditors of a change of address.

 

but until we know the info the CCJ holds

we are shooting in the dark.

 

dx

[persha50]

Ok - will try and get a copy.

 

I have only had 3 address since moving to UK in 2000 so have know idea of why they have that address on my file.

 

They can check the electoral and see that I have only been registered for those 3 addresses as well as bank statements in they keep them that far back.

 

Will phone this morning to see if I can get a copy.

[persha50]

Hi - have finally got a copy of the ccj from croydon council office.

 

It gives the details of who applied for the ccj and they have also given me the lawyers details,

Howard Cohen & Co Solicitors, tel. 01274 853931,

 

who can;t be very good if they have used an address I have not lived at.

 

How do I go about get this taken off my credit file which is not best but has been getting better now this was put me back to square one.

 

I still do not have any idea of who the debt is for???

 

Any advice.

[martin2006]

You will need to apply to have this set aside through the court using form N244.

 

You will also need to write to hoist portfolio as they have regd the ccj to find out what the debt is all about.

 

 

A short letter referencing the ccj should suffice unless you wish to send a SAR which gives them 40 days to supply all the info they hold about you.

 

Until it is known what the debt is for its difficult to proceed.

[dx100uk]

picture removed

shows pers details

 

 

please redact and pop it back upload

[persha50]

Hi - thanks for advice.

 

Will downlaod a N224 form.

 

What are the chances of me getting it set aside.

 

If I write to Hoist

do you think they will restart/resubmit CCJ with my correct address?

 

They obviously feel they have enough info otherwise would not have gone ahead with CCJ.

 

Also as its them that have made the mistake

should they not be liable to have it removed/set aside.

 

What do you think would be the best SAR or a letter.

 

Don't mind doing SAR if you think its the best way forward.

 

Croydon courts have also given me the name of the lawyers should I write to them at all?

[AndyOrch]

HI Persha

 

You have 2 options...contact the Solicitor and request they agree by consent to set a side the judgment as that is not your address or ever been.You can also clarify if you are the correct person and what the debt is.

 

Or you can make application to set a side as advised above using the N244.As its a forthwith judgment you wont have time to DSAR...you need to act quick in case they try to enforce it

 

Regards

 

Andy

[persha50]

Thanks Andy

- will do the N244 as that is straight to the courts to get it set aside

- if it is I presume then it cannot be enforced again using current address.

 

I still have no idea of who the debt is for.

 

Any advice on what to say on the N244 form or can I just say that I have never lived at that address

and produce a copy of the electroral role with my 3 addresses I have lived at since moving to UK from Zimbabwe in 2000?

 

Cannot thank you enough for all your advice

- I don't think you realise how helpful it is and also how if gives people (especially me)

a light at the end of the tunnel and best of all we always see to WIN!!!

 

Will see if I can download the form and get it started before Xmas.

 

Sharon

[AndyOrch]

Probably not the easiest route....if you can get them to consent ...costs you nothing...plus you will found out what and who its for.....costs nothing and may resolve everything...withhold your number first:-)

 

Can still follow it straight away with an application ...if they dont play ball.

[persha50]

Hi - sorry a bit lost

(got xmas brain and dealing with sick fathers brain at the moment).

 

So just to confirm that I understand I should do is

 

write to the solicitor NOT Robinson Way asking them to agreed to have the order set aside,

by saying that the CCJ has appeared on my credit file but its for an address I have ever lived at,

the only proof of which is a copy of the electoral role on my credit file would that be sufficient.

 

If they do beleive it is correct would they have to send me details at my correct address,

for which I would need notice of assignment letters, copies of annual statements etc.

 

Any chance of doing it by email as that would be the quickest?

 

If that does not work then I do the N244.

[dx100uk]

Howard Cohen & Co Solicitors, tel. 01274 853931

 

contact the Solicitor and request they agree by consent to set a side the judgment as that is not your address or ever been.

You can also clarify if you are the correct person and what the debt is.

[AndyOrch]

Just phone them as advised above...thats the quickest method ...catch them off guard...I tend to find writing/emails allows them time to think...which can be quite dangerous...catch them off their script.

[persha50]

Thanks will give them a call. Keep fingers crossed!!!

[Shay50]

Right gave them a call with no joy - they are sooooo stubborn.

 

Said they could not have the CCJ set aside as it was definitely for me, despite me not given them my dob or current address.

I gave them my name and the address where the CCJ was sent to.

 

She did say the debt was for Aqua Credit Card.

I did have one many years ago which I had an agreement with were they were supposed to stop interest etc and freeze the account,

I think the last time I used it was over 5 years ago.

They said they would contact their client and get copies of everything sent to the "other address" they had on file, which is my current address.

 

She quoted dates saying copies of notice of assignment together with letters re the CCJ were sent to my current address

but as they did not hearing anything back from me they went about using "reliablable" information from Experian and used the other address,

she did say it would be looked into as I explain that if they looked at the voters role they would see that I have only had 3 address which all correspond.

 

So it looks like they will not have the CCJ set aside and it will be up to me to get this done.

So need the following help:

 

1) How do I get it set aside

2) Will bailiffs now come to my current address now that they realise they have the wrong address or will they have to issue a new CCJ.

3) Should I write to creditor who is Robinson Way asking for relevant paperwork to prove debt etc.

 

Still in shock about how arrogant they were,

not even an apology saying we will put everything on hold and look into the matter

just an out right "the debt is yours so you must pay" - really upsetting.

 

 

I have had to downsize all my accounts due to medical problems as well as reduce work hours

and there monthly salary over the last couple of years as it will be ongoing medical problems,

I do get DLA because of them so don't need all this making me stressed.

 

Sharon

[dx100uk]

ok so now you know the debt is yours, an Aqua Card.

the CCJ was sent to 'another' address, but I cant see how you can argue

set aside on the address issue as you hadn't updated the original creditor of your move.?

 

there will be no need to a new CCJ, its valid

they could involve bailiffs but that's very rare

 

so, getting back to the address issue.

you appear to state earlier that you never lived at the address the CCJ was sent too?

 

can you expand on this a bit please