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CCJ and Victim of Domestic Violence


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Friend left her marital home in mid-2008, a victim of domestic violence.

 

Her name was changed by the court, (to protect her) at the same time as her divorce was finalized.

She is now trying to get a small mortgage, but has been refused on several occasions.

 

On checking her credit rating, we've found that a CCJ has been applied against her previous name and that this is now linked to her new name. This was a bit of a surprise, considering that the court changed her name on all official/government documents!

 

I think she has a good case to overturn the CCJ, because she wasn't at the address given in the CCJ, (even Callcredit have her at a different address before the CCJ was issued!), but how can she (if she can!) unlink the addresses?

 

She is worried that her ex-husband may now be able to discover her new name, he is very violent with convictions for fire-arms offences.

 

Thanks in advance for advice.

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change of name usually doesn't avoid credit checks/worthiness/bankruptcy/ccj etc.

yes, if there are poss grounds for setaside then could apply eg http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court. it would then revert back to the initial claim.

one poss way to 'unlink', could write to cra's advising no financial link with addresses in issue. and, any incorrect info can be requested to be corrected. problem is that previous addresses are noted until someone has been at a current address for a certain period of time. her cra details should only be available to her, and anyone legitimately checking the files. any checks should be recorded by the cra.

if there is a warranted security risk then the police should be able to assist.

Edited by Ford
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