CCJ Against Myself But Should Be Named To My Dad

[king12345]

My 2 pennies:

The contract is in same name as yours, the only difference would be the date of birth.

All correspondence was verbal, so no proof.

IMO you can only succeed for the following 2 reasons:

1. You find bills including your middle name or initial as well as bills addressed to your father with different middle name.

2. In the SAR you find that the DOB relating to this account is your father's.

 

Anything else would be seen by the court as a family affair, where you and your dad mixed things up.

Nothing to do with EE and no hard evidence of your father opening an account in his name (unless in the SAR the account in dispute is not yours so it is not listed)

Surely the telephone recording is now missing.

[SoggyMoggy]

I'm not legally minded and maybe someone who is may be able to expand on this.

 

In your first post you mentioned that EE contacted your dad for the upgrade and it is then that he tried to get the account in his name. If the account was never put into his name this means you are still the account holder surely this means it must be you who agrees to the upgrade and subsequent contract, not your dad.

[king12345]

I'm not legally minded and maybe someone who is may be able to expand on this.

 

In your first post you mentioned that EE contacted your dad for the upgrade and it is then that he tried to get the account in his name. If the account was never put into his name this means you are still the account holder surely this means it must be you who agrees to the upgrade and subsequent contract, not your dad.

 

True, but his dad has same name, so when they called to upgrade they didn't know they were talking to another john smith or they knew and they carried on regardless so to sell a new contract.

Difficult to prove who called who and what was said

[SoggyMoggy]

True, but his dad has same name, so when they called to upgrade they didn't know they were talking to another john smith or they knew and they carried on regardless so to sell a new contract.

Difficult to prove who called who and what was said

 

They must have known they were talking to the dad, if it was mentioned on the call to transfer the contract into his name.

 

It will be difficult to prove without a recording.

[AndyOrch]

I would assume they go through the normal security questions before discussing anything with regards to the contract (DPA)

[TheCanisLupus]

In response to all of the above, EE told my Dad they would separate the contract and set up a new account for my Dad. His poor credit rating meant they couldn't but didn't tell me or my Dad this.

Also to that, EE never contacted me about the upgrade being approved despite being the account owner not the contract owner.

 

 

There are multiple level of failings from everyone in this messy situation. Ultimately I just want my Dad's debt being judged against him not me, I've never been in debt and always paid bills and direct debits on time. I wasn't a "guarantor" either which Lowell's legal trained employee seemed to think I was. Gah.

 

 

Applying for the SAR, but going to send out the N244 form too on Monday and just hope for the best. If unsuccessful, I'll just pause life for 6 years.

[TheCanisLupus]

Hello all,

 

Sorry I've not been on for past couple of month but I was just waiting on a court date which occurred on Friday just gone.

Lowell sent an agency solicitor as such, not their own representatives and gave him no evidence to contest my request as such. The judge allowed him to raise some points from my witness statement but because he had no evidence to prove anything against my witness statement he threw us out and told him to get in touch with Lowell to come to an agreement as all this was a waste of his time and everyone involved.

So an agreement for repayment was set up with Lowell and the representative said that basically the judgement against me is "paused" and if the repayments are kept up with the agreeemnt then the judgement will cease to exist. If a payment is missed then I can be taken to court again and the judgement would then go back on my file.

I'm going to clear the outstanding debt on Monday (23rd Jan) to settle it completely and have my dad pay me back personally at a future date.

My only query now is, once I settle the debt, how long will it be before my credit file is updated and cleared of the CCJ?

[martin2006]

When you went back to court was this to set aside the CCJ and was this granted?

Its not clear from your post.

If that is what happened then the ccj will go from your fike immediately but may take upto 6 weeks to show its gone. If you pay Lowell direct on 23rd then it will bever come back again either, there will be just the arrangement with your dad.

[AndyOrch]

So it wasn't set a side ?

 

Not sure I understand the following......

 

" Lowell and the representative said that basically the judgement against me is "paused "

 

Regards

 

Andy

[TheCanisLupus]

When you went back to court was this to set aside the CCJ and was this granted?

Its not clear from your post.

If that is what happened then the ccj will go from your fike immediately but may take upto 6 weeks to show its gone. If you pay Lowell direct on 23rd then it will bever come back again either, there will be just the arrangement with your dad.

 

Sorry, yes this was the reason and I think so because the judge asked the representative why shouldn't he set aside the CCJ because Lowell had no evidence to use against me. That's when he told the rep to contact Lowell to get an arrangement organised. Once that was done we went back into the room and the judge wrote the details down etc to process or whichever from his side.

Ok that's good to hear, just a shame it'll take six weeks but better than six years!

[TheCanisLupus]

So it wasn't set a side ?

 

Not sure I understand the following......

 

" Lowell and the representative said that basically the judgement against me is "paused "

 

Regards

 

Andy

 

Sorry, it was the terminology the representative said to me and he said that once the outstanding balance would be settled the judgement wouldn't exist

[martin2006]

For clarity, once set aside, its gone back to the beginning if the court process so theres now no ccj, its been expunged. That said, Lowells can recommence proceedings if the balance isnt paid.

The ccj will now have gone, but, it can take upto 6 weeks to disappear from your credit file if you use noddle or clearscore, this is because the files you see are only updated once every month, so although already gone, it will still show until your next updated file is available.

[TheCanisLupus]

For clarity, once set aside, its gone back to the beginning if the court process so theres now no ccj, its been expunged. That said, Lowells can recommence proceedings if the balance isnt paid.

The ccj will now have gone, but, it can take upto 6 weeks to disappear from your credit file if you use noddle or clearscore, this is because the files you see are only updated once every month, so although already gone, it will still show until your next updated file is available.

 

Yeahhhh! that's what I'm lead to believe has occurred. If in doubt am I able to contact the court to enquire about the outcome?

I only use Experian for my credit file tbh.

[martin2006]

If you have the ccj reference number you could call the court to doubke check its been set aside.

Normally you could also check via trustonline but it may not have updated there yet.

[TheCanisLupus]

If you have the ccj reference number you could call the court to doubke check its been set aside.

Normally you could also check via trustonline but it may not have updated there yet.

 

Ok no problem I'll call them tomorrow and just get confirmation. I didn't receive any paperwork from the courts/judge/representative or anything but as I say after we came to an agreement the judge started typing up the outcome I think to update or close out the case or whichever.

 

I don't think I ever want to go to court again though. Terrifying.

[AndyOrch]

Ring the court and find out exactly verbatim what the DJ has ordered .... is it set a side ?...they should be posting out a General Order in any event...but if the DJ has just to use your words....

 

" he threw us out and told him to get in touch with Lowell to come to an agreement as all this was a waste of his time and everyone involved. "

 

Indicates to me that it was not set a side and therefore the CCJ stands...so the only thing the claimant can pause is further execution...as the judgment was issued in Oct 16...paying the judgment amount in full will not remove it from your credit reference files.

 

Regards

 

Andy

[TheCanisLupus]

Ring the court and find out exactly verbatim what the DJ has ordered .... is it set a side ?...they should be posting out a General Order in any event...but if the DJ has just to use your words....

 

" he threw us out and told him to get in touch with Lowell to come to an agreement as all this was a waste of his time and everyone involved. "

 

Indicates to me that it was not set a side and therefore the CCJ stands...so the only thing the claimant can pause is further execution...as the judgment was issued in Oct 16...paying the judgment amount in full will not remove it from your credit reference files.

 

Regards

 

Andy

 

Hmmmm ok :/ will find out clarification tomorrow, the judge said about something called a "tolman"? too to the representative.

[AndyOrch]

Tomlin Order...but thats for the Claimant to progress and draft...not you the defendant.

[TheCanisLupus]

Tomlin Order...but thats for the Claimant to progress and draft...not you the defendant.

 

Ah yeah that's the one. Will feedback tomorrow what's been processed with from the court.

[martin2006]

Important that we know exactly what, if anything, was ordered by the DJ.

[TheCanisLupus]

Ok so the feedback given today was that the judgement has been set aside and agreee with the claimant of 4 repayments over 4 months. As long as the payments are kept to the agreement or paid earlier then the order won't exist. If repayments fail then the claimant can then process the order.

[AndyOrch]

Ok so the feedback given today was that the judgement has been set aside and agreee with the claimant of 4 repayments over 4 months. As long as the payments are kept to the agreement or paid earlier then the order won't exist. If repayments fail then the claimant can then process the order.

 

[TheCanisLupus]

If I pay this outstanding debt outright today for my dad, Lowell should contact the court to say it has been settle but should I contact the court too just to confirm with them that it's cleared as the lass on the phone said that it takes 10-15 days for them to process the outcome from Friday and I just don't want anything getting lost in transition.

 

I.e. I pay the outstanding debt, Lowell and I inform the court but the court just processes the CCJ has been settled not the set aside because the set aside wasn't confirmed/processed prior to clearing the debt?

[AndyOrch]

The set a side will automatically be processed by the Court and The Trust Registry informed same.

 

Keep proof (for example, your bank records or a receipt from the claimant) to show you’ve paid.The claimant should do the rest.

[TheCanisLupus]

The set a side will automatically be processed by the Court and The Trust Registry informed same.

 

Keep proof (for example, your bank records or a receipt from the claimant) to show you’ve paid.The claimant should do the rest.

 

Brilliant, music to my ears.

 

For all the advice and help and everything I've received from everyone on here I can't show my gratitude enough. If I could I'd take you all out for a pint, I would, so thank you all, I wouldn't have been able to have done this without the input. Thank you.