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Wrongful CCJ issued against me which has now been set aside

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My Dad got work done at his house where I live 4 years ago.

The electrician didn't do something he asked for so he cut of £500 from a £20,000 bill.

 

Today I get a update from Experian that I have a CCJ under my name issued yesterday.

 

 

Having spoken to the court it turns out that the Electrican issued a CCJ at our old address

where we moved from 4 years back.

 

 

I never got any of the letters or did I get any intimation from the court

AND I am not a part of this at all.

 

 

I only live at my dad's house and the claim should be between these two.

I have nothing to do with the bills for the building of my dad's house.

 

My Credit score just dropped from a 5/5 to a 1/5 for something I am not involved in or knew anything about.

 

Spoke with the court who have suggested I pay £150 and do a application to set aside the judgement.

Also spoke with Experian who say they will put this down as fraud

as it has nothing to do with me but they will need to investigate

and can't guarantee that this will clear my record.

 

Also the claim is issued under a misspelt surname. Does that make any difference?

 

What should I do?????

 

 

Some guidance would be highly appreciated.

I have worked hard to keep my Credit history good and one wrong swipe has just ruined it.

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ask the court for a copy of the CCJ.

when was it taken out?

if its nowt to do with you

as it looks likely

and you didn't sign any contract etc etc

it might save you the £155 set aside fee to have a word with the solicitors who issued the claim on behalf of the sparks.

 

 

they might well agree to remove FOC. to you.

 

 

if not you'll have to go the hard way and get it set aside and try and reclaim the fee during that process.

 

 

bottom line is

where Is the signed contract for the work with YOUR name on it!!


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

 

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There is no contract under my name.

I don't have anything to do with it.

If anything its a issue between my father and electrician.

 

It was issued by himself personally so what should I do?

 

 

Once its set aside will it there be any stamp of it on my credit file or does it go off completely?

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so he is named as the claimant on the ccj for sure?

 

 

then approach him

and tell him its nowt to do with you

theres no signed contract.

will he remove it

 

 

might work


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

 

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Just spoke with him.

He isn't having any of this.

 

 

Says that I need to discuss with my father and get him to clear the bill.

 

 

He didn't do the work right so my father is not willing to pay him for it.

 

 

thats for a court to handle and nothing to do with me.

So how do I get my history cleared?

 

If I pay him will that clear my history?

Just thinking is it worth spoiling it for £500.

Might as well pay it myself but if I do that will it leave a stamp still?

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Depends on the date of the CCJ


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Depends on the date of the CCJ

 

The ccj was yesterday.

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Do you have the same first name as your dad? if not - then you should ask the electrician why he submitted the claim in your name?


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The ccj was yesterday.

 

Then you have 28 days to pay and it will disappear or you can make application using the N244 to set a side...on the basis that you are not the defendant nor have any connection or contract with the claimant.


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If I pay him will that clear my history?

 

Why would you even CONSIDER doing that?

 

get on to the court and get things rolling. He's already said he doesnt give a damn who it was issued to, so he's admitted filing a false claim against an innocent party who has no involvement.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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as you say

if the CCJ is only £500

its gonna cost £155 to start the set aside anyway

 

no guarantee it will work [though in this case prob will]

and then he'll just issue against your dad.

 

if theres a dispute over his £20k work

then your father could take him to court himself


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

 

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Do you have the same first name as your dad? if not - then you should ask the electrician why he submitted the claim in your name?

 

No. In fact he has two parties on there and the second persons Initial is wrong as no one in my family has that.

 

 

If I dispute it and win will that leave any trace on my credit record?

 

 

If I pay it will it leave any trace?

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If you win it will be removed. And if you can prove it has nothing to do with you then its a guaranteed win.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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If you win it will be removed. And if you can prove it has nothing to do with you then its a guaranteed win.

 

100% nothing to do with me. Thanks. Will fill out the documents.

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if you pay within 28days as andy said in post #9 clears it too


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

 

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if you pay within 28days as andy said in post 28 clears it too

 

But then it comes back to why would you pay for a debt that has nothing to do with you.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Options :

1) Apply for set-aside & then defend the claim

Likely you will be granted the set-aside & then defend the claim

Advantage : cheaper than settling the claim,

Disadvantage : takes longer & a CCJ may show until it is sorted

 

2) Pay it off, and reclaim the money from your Dad, who may then take out his own claim

Advantage : no CCJ registered if it is settled within 28 days

Disadvantage : you end up paying up front & rely on your Dad getting his own judgement & being able to enforce it.

 

I'm not sure if a counterclaim is allowable if you pay off the CCJ : so providing you don't mind the CCJ showing in the interim : set aside / you entering a defence (of not being a party to the contract), with your Dad entering a defence and counterclaim might be your best option.

 

What do you feel is the likelihood your Dad can justify the £500 retention?

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What do you feel is the likelihood your Dad can justify the £500 retention?

 

He too says that why should he pay for something that was not done.

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Then you need to get the claim nulled,

allow the electrician to file the correct claim

and have your father defend for work not done.

 

Saying all that though, we can only advise.

 

 

You have been given the info from multiple viewpoints to cover all avenues you can take.

 

 

Is up to you which one you choose to do.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Spoke with the court today and advised that I would like to apply for the claim to be set aside which they have sent me the paperwork for.

 

 

He did mention that this can take from 4-12 weeks for a decision.

 

 

My concern on this is that if it goes over 28 days will the CCJ leave a imprint on my Credit history?

 

I have spoken with a few people who all have their horror stores to tell about someone they knew who had a CCJ and then had to contact 3 credit ref agencies to get it taken off which was a painfully long process.

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The 28 day thing is if its paid in full within 28 days its removed, end of.

 

You will be applying to set aside so the 28 days is irrelevant, if you win and there is no reason why you wouldnt if you were never the defendant, then its removed.


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GEMHL Settled

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A & L SETTLED IN FULL :lol:

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Thank you for the quick reply.

 

I just swung by my old house and picked up the General directions order.

 

 

It states that you need to apply within 7 days of the service of this order to set aside or to vary the order under part 23 Rule 10.

 

7 days was today. What does this mean?

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This is part 23 rule 10

 

Application to set aside or vary order made without notice

23.10

(1) A person who was not served with a copy of the application notice before an order was made under rule 23.9, may apply to have the order set aside(GL) or varied.

(2) An application under this rule must be made within 7 days after the date on which the order was served on the person making the application.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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So this applies to me but I am not asking them to set aside the case due to this reason.

 

 

I am asking them to set it aside as it has nothing to do with me.

 

 

So Shall I still get it sent off to them tomorrow?

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ok so if thats not applicable to you then its n244 to be set aside as no contract between the claimant and you exists, therefore the claimant has no right to claim and relief of any kind is denied.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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