Unaware of CCJ against me a Landlord by an old Tenant over Bills and because i withheld his deposit return

[tedd4]

Dear CAG

I’m desperately trying to improve my credit rating and therefore checked on noodle.co.uk what my score was and found that there was a CCJ I had no idea about.

 

The name listed is close to mine but both the first and surname are mis-spelt.

 

The claimant was a tenant but I know nothing else of the claim.

I have tried to contact him but there’s been response.

 

How do I get this off my record?

Thank you.

[dx100uk]

Ring northants bulk

Ask for a copy of the CCJ and the claim form by email pdf

Name issues won't get it removed if it's a legitimate claim

What's it for?

 

moved to legal forum

[tedd4]

I am not sure but there was a dispute between myself and the tenant about bills and I withheld monies from his deposit.

I didn’t receive any communication like a LBCA.

[dx100uk]

did he know your correct address...

you shouldn't be withhold deposits like that AFAIK.

but get the info first then we'll be able to advise.

[AndyOrch]

Thread moved to General legal Issues Forum....please continue to post here to your thread.

 

Regards

 

Andy

[tedd4]

I have since contacted the former tenant and he is no longer in the country and isn't going to cancel the CCJ nor is he going to try to challenge my attempt at setting this judgement aside or enforce the judgement. 

 

It has however effected my credit score and I need to address this before I can apply for a mortgage.

 

Can you please advise?

Thanking you in advance.

[BankFodder]

Once it has been set aside, you will have a clean slate. You should then take steps to make sure that the judgement is removed from your credit file

[tedd4]

Thank you. So other than applying to set outside and relaying the information above is there anything I need to include in my statement that would ensure the judge agrees to set this CCJ aside? 

[AndyOrch]

it would help your application if you could get the claimant to consent to the set a side.

[tedd4]

He most definitely will not do that as it's his revenge for being given notice to leave. 

[AndyOrch]

So what defence do you rely on in support of the application to set a side?

[tedd4]

I will send a copy of the lodgers agreement,

a table that lists all the monies owed and paid for,

copies of the bills that were outstanding the other lodgers paid for.

 

I’m also relying on the fact that pre-court proceedings were not followed,

that I had a different address which I will prove from a letter I received from the Department of Work and Pensions

and that the name the claim is against only approximates to mine.

The claim was therefore incorrectly addressed to an unknown name. 

 

The claimant also has failed to provide a breakdown of how these figures have been reached.

It’s ludicrous to state that I owe him over £2300 when the monthly rent was £700 and he stayed for 6 months and had a £1000 deposit.

 

Even if you disregard the outstanding bills / damages due he is claiming he overpaid by 50% I.e. effectively his rent, after refunding him his deposit, was £150 per month.

 

This doesn’t fit with current London rental rates.

 

I hope this will demonstrate the absurdity of this claim.