Hi Guys,
I'm rather new on this forum and I have a unique situation that I hope I can get some advice on.
At the end of last year (2010), I was refused credit, I subsequently registered on creditexpert and found out that I had a CCJ registered against me, another default with British Gas at a house that I never lived at and a mobile phone that was settled, but after massive payment problems.
I will be honest, I know who the perpetrator was...
I bought a house for my brother in 2007. He was living at the address where I got a CCJ. My condition on buying this house was that he manages everything and pays everything on time. I didn't need to do it, it was a massive favour. However, I found out that he didn't pay the ground rent and then sublet the house to someone else! He then redirected all mail to his new residence.
Of course the freeholder kept sending letters and there was no response. I was none the wiser. I never even got the feeling.
I have now taken over management of the property and arranged for a tenancy agreement with the tenant... he had never seen me and I turned up at his door to say that I was the landlord.
Anyway, Orange have now removed their account from my records after my requests, British Gas have also removed the fraudulent account from my credit files.
However, I have made a request to Northampton CC to say I need the CCJ set aside. I have also contacted the freeholder to explain the situation.
Question is:
What will I need to prove that this was a CCJ that I didn't deserve:
I have the statement of the tenant that he was installed by someone else and that he had never seen me. He also states that all mail meant for me was collected by my brother and that he had never met me before late 2010.
I also have my credit files that state British Gas and Orange defaults on one report, both gone in a subsequent report.
I also have records of making payments to the freeholder in recent months and correspondence explaining my situation.
I also have evidence that the freeholders agency was sending correspondence to my brothers new address and not to me.
I have reported the mobile phone account as a fraudulent account to the police and I have a crime reference number.
I realise that this should be an open/shut case and i should win. However, I am so worried about the fact that when the property was bought, I knew that the payments for the ground rent / maintenance were on the contract and I knew that they must be paid. Can they use this against me and say that although it was my brother that was being devious, it was my responsibility thus the CCJ stands???
I admit my responsibility, but I have no issue paying and the £1700 that was finally the amount that was defaulted on, was something that I could have paid.
Please help with this. I have contacted the court and the judge is considering a court date or action apparently. I should hear back at the end of May.
Thank you