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CEL Default CCJ appeared on my file- person with similar name ***Credit Rating Restored***


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Last week (12/01/2024)

I was made aware through Credit Score that a CCJ had been applied to my credit report.

On investigation, it was a CCJ for a person who is not me (we have a similar name) and listed at my home address (when they do not live there). The claimant was Civil Enforcement Limited. On returning home, there was a letter for this individual which on opening was a judgment (in default) from the Civil National Business Centre

To give some background in 2019

I received a letter to my address for this person and absent-mindedly opened it. It was a PCN for a car that had no links to my address or me/my family. The letter stated that they had contacted the registered keeper of the car at the address supplied by the DVLA and as they did not get a response they used a tracking service and believe they lived here

. I called the company to explain that the tracking service had given them incorrect information, only to be verbally abused I sent the letter back making it clear that the person did not live at my address. I received a couple more letters for the individual and sent them back unopened, with not know at the address etc.

Fast forward to February 2023, another letter came through for this person. I opened this as I hadn't had any for over 3 years and was concerned. It was another PCN (same car, different location) from Civil Enforcement Limited. Remembering my experience with the previous company, I did not ring them but I sent the letter back clearly saying the person was not known at my address. I received a further two, the last one being before Christmas. Both went back unopened. The last letter was the Judgment in default which I opened after being alerted to the CCJ.

In the past week I have disputed the CCJ through the credit reference agencies, written a letter to Civil National Business Centre ~(copied to Civil Enforcement Limited) explaining the situation and error, raised an information request to the DVLA on the vehicle and raised a complaint about the CNBC on the gov.uk website.

I do not understand how a company (and a court) can get as far as issuing a CCJ to a person that does not live at my address (assuming because they have a similar name to me) and have this appear against my credit data.

I am now having to do a lot of work proving who I am and that this is nothing to do with me or my premises. I have researched Civil Enforcement Limited and they appear to be an unscrupulous company. Reviews on Trust Pilot indicate that my situation is not unique and that they have issued PCNs to people because of a partial match (usually in the name).

My next port of call is to write letters of complaint to the Financial Ombudsman, British Parking Association and the Information Commissioners Office. 

Sorry for the long post, but the whole situation is baffling as well as very stressful. My credit rating has been affected by a CCJ not in my name and should not be associated with my address. Any other advise or guidance would be appreciated because I feel like this is not going to get sorted out as quickly as the CCJ appeared. 

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Welcome to the forum.

Useful links :-

 

 

How do I contact Civil National business Centre?

The contact telephone numbers for customers remain the same: the CNBC can be reached by calling 0300 123 1056.

You will need to know the judgment claim number.

 

Andy

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Two quick questions.

Do you have proof of postage for these communications with CEL?

How much are the combined judgements for?

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Yes, the letter I sent after knowing about the CCJ was signed for. It was received yesterday, but redirected to a sister company by the looks of it.

The other letters that they sent, which I returned with not known at this address on them, I took pictures of at the time before posting back (but I appreciate that doesn't necessarily prove anything).

The judgement is for £272. 

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You must contact the judgment claimant (CEL) and inform them that you intend to set a side and offer them the opportunity to set it a side at their own cost. Otherwise you will have to fork out for the application yourself £275 which you should be able to claim back...but its easier if they agree the removal. 

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Apologies.  I'm at work and in a rush I mis-read your post.  I read it as two CCJs from CEL and I was worried that two CCJs would take you over the £600 figure when high court bailiffs can get involved.

I now realise it is letter from company A for parking invoice A, and CCJ from CEL for parking invoice B.

Ignore my waffle!

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Thank you Andyorch. My letter is pretty much along those lines (i.e., wanting them to remove/correct it) but I will write to them again to that affect if I have not had an acknowledgement from them within a week. 

No worries FTMDave - it is all very confusing.

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  • dx100uk changed the title to CEL CCJ appeared on my file- person with like name not me
2 minutes ago, Andyorch said:

£275 which you should be able to claim back

Claim back from CEL?

I think the consequences need be spelt out in detail to CEL if they are uncooperative. (We know the blinkered attitudes of PPC's when it comes to giving up "their" money).

Maybe Essex should post his letter up here for the team to check it?

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1 minute ago, Nicky Boy said:

Claim back from CEL?

Claim as costs in the application to the court if required to and CEL wont remove it.

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id be looking latterly to sue the trace company too.

i bet it's

TRACE Debt Recovery
Escalation Department
Barratt House, Suite S2
K1ngsthorpe Road
Northampton, NN2 6HT

.........thread title updated

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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dx100uk - that's next on my list if they do nothing; I am going to ask for the proof which shows this person is linked to my address. I've been there 17 years...

I have attached my letter (same copy sent to both the court and CEL).

Happy for Admin to take down if not allowed (I am new here!)

Letter to Civil National Business Centre and Civil Enforcement Limited.pdf

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33 minutes ago, Andyorch said:

You must contact the judgment claimant (CEL) and inform them that you intend to set a side and offer them the opportunity to set it a side at their own cost. Otherwise you will have to fork out for the application yourself £275 which you should be able to claim back...but its easier if they agree the removal.

I think this is probably the (more targeted) way you need to go. Wait for comments from other regulars...

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You're going down the right road, but don't send anything just yet.  There are a few tweaks to be done.

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I would have tweaked the letter a bit but it certainly won't do any harm.

What worries me a bit is the name.

If you are not the defendant, not the person being sued, then you can't apply to have judgement set aside.

On the other hand, if you're not the defendant, not the person being sued, then how the hell has the CCJ ended up on your credit file?

We certainly don't want you to write your real name here, but can you make up a silly false name, say with the same number of letters as your real name, and show us in some way the difference between your real name and the name on the CCJ?

 

We could do with some help from you.

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Ah OK, no worries.

So we share the same surname and initial. The name difference is a couple of letters. I can only assume because its a partial match (say 90%) with my address a computer has linked it? I’m sure I read something on TransUnion website about ‘fuzzy matches’.

Still, its baffling me how it can be matched at all (interestingly Experian have not added it yet, but that could be because they are not as quick)?

But, its definitely not a typo as its not my fine, not my car (infact I have never been a registered keeper of any car) and nothing to do with my address.

I’m flummoxed.

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The vast majority of cases here are simply by people who have got a private parking ticket and don't want to pay it.

Your case is highly atypical so please bear with us while we take some time, and possibly even disagree for a while amongst ourselves, in order to work out the best strategy.

From what you've written CEL sued the right person.  Therefore I think applying to set aside judgement would be very difficult as you're not the person involved in the court case.

CEL have however sued the right person but at a completely incorrect address and knackered your credit file and they need to be made to right the wrong they've caused.

Your letter to the court will get you nowhere, but it will cause no harm.  That is because the legal system in England & Wales allows anyone to sue anyone for anything at any address, and if the claim is not defended then a default CCJ will result.  The court have done nothing wrong.  indeed as the CCBC is a bulk Internet processing centre it's unlikely a human being will even read your letter.

You were absolutely right to copy to CEL and to give them seven days though.

You talk about complaining to the ICO and to the BPA and I agree on both counts, but as you have already given CEL seven days, then you might as well wait for their reply or non-reply before making your complaints.  After all, if they do SFA, which is probable, that is extra fuel for your complaints.

I would assume that if they do twiddle their thumbs that you could sue them for distress for trashing your credit file and then doing nothing to right the wrong.  See what others think.  And consider if you are prepared to go down that road.

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I agree with LFI that you should SAR them tomorrow.  A 2nd class stamp and free Certificate of Posting from the post office is all that is needed legally as proof of posting.

As well as the reasons LFI states, a SAR will force them to show their hand.

Either they will reply with very little thus admitting de facto that you are not the person they sued (and so they should get rid of your address and the trashing of your credit file).

Or they will send all the parking "offence" guff showing they believe you are the person who is the registered keeper of the car and if so you will be able to ask the court to set aside the CCJ.

We could do with some help from you.

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the v5c is the key here.......

can one of you guys put up the DVLA letter we use please

so that the OP can send that.

everything else is not really needed surely...no register vehicle in his name no claim.

CEL will agree to the set aside FOC once they see that.....

2 hours ago, lookinforinfo said:

Could you please post the Claim form they sent you

have you got the claimform @Concerned From Essex

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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This is the DVLA letter  https://www.consumeractiongroup.co.uk/topic/409717-letteremail-to-contact-the-dvla-to-see-who-has-been-requesting-andor-accessing-your-data-registered-owner/

It will have to be tweaked as its aimed at who has been looking at the log book details ... the OP says they have never been the registered keeper of any vehicle.

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

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