I want to challenge my CCJ's

[unluckyone]

Hi all, newbie. I have read quite a bit on this site, but can't seem to find my answer.

I have a couple of CCJ's on my credit file, one is in relation to a car from FCE. The other is from a Solicitor, who basically stitched me up after an acrimonious separation. I'd paid him lots already, but refused the last payment because he lost my case.

What I would like to know is whether I can get these judgements set aside for any reason? I ask because I am embarking on a career that requires my credit file to be cleaned up. I also have several defaults on my file...

1 overdraft of £600 ish with Lloyds TSB from 1997, (account opened), that I am disputing because I am claiming charges and fees from them totalling £2000.

2 Welcome finance for £2900 from 2007, but they've added another £300 in charges since then. On this account, they have my middle initial wrong on the Credit file??? Is there anything in this??

3 Mobile phone for £120, this is since 2007, but haven't heard anything... They still have obliterated my file though.

4 Link Financial for a car, this has been in default since autumn 2004....I guess I just wait for that one to drop off the radar. But my new job starts before then, so could have difficulty explaining that one to my new employer....

 

My questions are simply; can I do anything about the CCJ's??

secondly, I take it that I should CCA all the people on my credit file and then take it from there depending on the response.

I'd like to know if I can CCA the people that have already obtained a CCJ, or do I go down the SAR route with these guys??

(I have done a bit of research as you can see)...

 

I thank you all for reading, and for the replies

[rizel23]

I'm pretty certainly if the CCJ's were issued correctly (i.e you received them and contained the correct prescribed terms) the only time they can be withheld from your credit file is if you paid the demand within the time scale required, usually 28 days.

 

After this and you paid the CCJ over the usual 28 days the CCJ should be marked as 'satisfied' on your credit file and will fall off after 6 years.

 

More info here;

 

Credit Reports: CCJ Removal

 

If you are in the processes of cleaning up your credit file and will be CCA'ing current creditors i would strongly suggest you continue to make minimum payments whilst going through the process as creditors have no problems issuing Default Notice's even when an account is 'in dispute'

[unluckyone]

many thanks for the reply, it seems that the Ford credit CCJ may have been issued incorrectly then, so, do I do a subject access request to find out all the info they have. If I do that, will it tell me the basis of their taking out the CCJ??

Should I CCA everyone on my file? To get all the agreements, just to see if they're legit??

I still can't find any threads on the incorrect naming of an account, can anyone help??

One of my accounts has the wrong middle initial, is this significant?

 

Many thanks for reading, I am in a bit of a muddle with all this.

[unluckyone]

Can anyone help??

 

The Ford Credit CCJ didn't have the prescibed terms I don't think, also it wasn't sent recorded delivery and I never received a summons.

 

Link Financial keep harrassing me on my mobile, I have told them to go away.

 

One of my defaults has my name wrong, what should I do?

It is clearly not me on the default as my middle name is different to the one on the credit file. Could I refuse to pay that debt?

 

I really need some good advice on this, anyone??

[unluckyone]

bump

[rizel23]

Yes a SAR SHOULD give you all details they have on you and give you further insight into the CCJ.

 

Again yes CCA everyone, theres a template letter in the archives, send a £1 postal order or get someone to send a cheque, do not sign any letters as they have been known to lift signatures in past people have said.

 

I would doubt middle name being wrong would be a strong enough case, i certianly would'nt feel comfortable challenging on that basis.

 

Best bet is to scan up any documents you have\recive for people to offer more detailed help

[straftat]

I have been told that if you didn't challangecthe ccj at the time then there is little chance a dodgy cca will get a judge to vary the ccj

[unluckyone]

First result from CCA request.. Robinson Way no longer chasing the alleged LLoyds debt, returned to original creditor. Hooray

Waiting on a couple of others now.

 

Big thanks to all on this site

[unluckyone]

Update, they took their time..... just received a letter from the DCA re the Lloyds O/D. They tell me that they cannot locate the credit agreement. They state the ICO guidelines that I'm not obliged to pay, but they still believe I owe them the money! If I am reading it correctly, they're admitting defeat, but they'd like me to settle on moral grounds.....

[cerberusalert]

If I am reading it correctly, they're admitting defeat

Correct, morally the debt still exists but legally they can't make you pay it. If they want to play the 'moral' card you can use the same ones as they do.