wrong name on CCJ

[honeymonster5633]

I have received a ccj for unsecured credit at my home address and there is no defendant with that christian and surname at this address. Would this make the ccj or any enforcement valid?

 

For example the defendants name is spelt Richardgale Bridg but there is a person here called Richardgalle Bridgewaters. I have used fictitious names but the mistakes are exactly the same in proportion.

 

I do not really want to go to the expense of having the ccj struck out. But, if that name is so wrong should I just ignore the ccj and any enforcement action. I am not too worried about bailiffs but I am worried that if the creditor requests an oral examination the person with the similar name could get arrested for ignoring it.

[AndyOrch]

Hi and Welcome to CAG

 

Received a court claim (N1 response pack) or received Judgment ?

 

Regards

 

Andy

[BazzaS]

Is it your debt, and you are hoping to rely on them having the name spelt incorrectly?. Or, do you really have no knowledge of the debt?

[honeymonster5633]

Hi and Welcome to CAG

 

Received a court claim (N1 response pack) or received Judgment ?

 

Regards

 

Andy

 

Hi Andy

 

Received judgment by dafault. Was not defended.

[honeymonster5633]

Is it your debt, and you are hoping to rely on them having the name spelt incorrectly?. Or, do you really have no knowledge of the debt?

 

It is possible it is my debt. But, this one is that old I cannot be completely sure

[BazzaS]

It is possible it is my debt. But, this one is that old I cannot be completely sure

 

Statute barred old?.

If so, why didn’t you defend it?

[honeymonster5633]

Statute barred old?.

If so, why didn’t you defend it?

 

I was holiday when the claim form came. If it is mine it will be about 5 years old so cannot be statute barred.

[brassnecked]

Would it be more than 6 years ago that any acknowledgement or payment was made? Also it's possible the debt has been old on several times and the name on the alleged account has become garbled, so the bottom feeder which obtained the CCJ never had 100% correct details anyway.

 

Have you been at the same address long, as in say 10 or more years?

[honeymonster5633]

If it is mine it cannot be more than 5 years since payments were made.

 

Although, the original credit agreement is about years 10 years old.

[honeymonster5633]

Have you been at the same address long, as in say 10 or more years?

 

I have been at this address for 20 years

[disgruntled2007]

I was holiday when the claim form came. If it is mine it will be about 5 years old so cannot be statute barred.

 

And upon your return you ignored it? Because it had “someone else’s” name on it? Yet instead of returning the post to sender, you opened the CCJ letter, despite this?

[dx100uk]

Go ring the original creditor and find out the actual last payment date

 

Then go from there

[honeymonster5633]

Go ring the original creditor and find out the actual last payment date

 

Then go from there

 

I found the last statement with a payment. It is September 2013.

[brassnecked]

I found the last statement with a payment. It is September 2013.

Not SB then

[honeymonster5633]

Not only that but all the names on every letter from the creditor are exactly the same as the defendants and are also, completely wrong. So I suspect it is the same on the original credit agreement.

 

I know if the creditor finds the real name they might be able to go back and change the defendant's name. But, I doubt if they can do that if it is wrong on the credit agreement.

 

So what do you think. As it stands is this ccj enforceable as it is?

[dx100uk]

yes slight name issues are forgiven esp if the info the claimant got was wrong too

 

so did you get the original claimform pack and simply ignored it totally/

[honeymonster5633]

yes slight name issues are forgiven esp if the info the claimant got was wrong too

 

so did you get the original claimform pack and simply ignored it totally/

 

I did receive the claim form but when I came back from holiday and the default ccj was already entered. I did not ignore just missed it.

 

I don't know how a judge would rule but I do not personally regard 33% letters wrong a slight name issue. Is not the surname the most important in legal terms? and that is less than 50% correct on the ccj. Nobody recognises that as my name, online or offline. Why should I respond to it? As that is not my name.

[dx100uk]

but you had the money!!

 

i'm not saying that from a moral point of view either...

 

no way is a judge going to for one minute say well ok them i'll let you off..

when you readily now admit you had letters and statements going back [how many?] years that were also wrong but you did nothing about it..

 

cant see a way out of this..

what was the debt all about?

[BazzaS]

I did receive the claim form but when I came back from holiday and the default ccj was already entered. I did not ignore just missed it.

 

I don't know how a judge would rule but I do not personally regard 33% letters wrong a slight name issue. Is not the surname the most important in legal terms? and that is less than 50% correct on the ccj. Nobody recognises that as my name, online or offline. Why should I respond to it? As that is not my name.

 

Well, you’ve certainly decided. Not your name, not your debt (at least in your view). Time will tell if that works, but I suspect it won’t.

[Old Cogger]

account number yours?????

[mariner51]

The CCJ is now linked to your address and may adversely affect your credit report, making it more difficult for you to obtain Credit, unless you can get the Court to 'set aside' the CCJ. Quite difficult 5 years later IMO.

[Ethel Street]

The CCJ is now linked to your address and may adversely affect your credit report, making it more difficult for you to obtain Credit.....

 

Don't credit rating agencies say that credit information is only linked to individuals (you and anyone financially connected to you) and not to addresses? Is it different for CCJs?

[dx100uk]

correct

which is why he said YOUR credit report...

[mariner51]

You failed to contest the CCJ levied against your property address for 5 years.

I would be reluctant to offer you Credit without further clarification.

[Old Cogger]

a office error in name on letters etc - minor adjustment,

bigger mistakes admitted in court rooms and companies allowed to adjust account name showing a legitimate mistake as long account number in originators name, = dead area to try that one it would cost you dearly in court = no go,.

 

I was in court and one of the biggest banks in the UK admitted so many errors and the judge just ignored, I made a one digit mistake it was fatal to my case. get the drift?