How do I get wrong entry removed from my file?

[Dot1]

Hello everyone,

 

I need some advice on how to remove CCJs on my file.

 

 

In 2009 and 2010, I had Default Judgement against me.

 

 

I managed to get them set aside.

 

 

In 2010 (Cabot) claim was discontinued.

 

 

CL Finance's consent order was approved in 2011 and the account was settled.

 

I contacted the companies afterwards and

they both wrote back stating that they had written to court

and various credit agencies to adjust their records.

 

I took their word for that until yesterday when

 

 

I check my credit file and they were still showing as Judgement.

I checked it because I had applied for a credit and was turned down and I was surprise.

 

The question I have now are:

 

1.Who do I contact for this? CRA,Court or Cobot &CL?

2. What is the best way to deal with it?

3. Am I wrong in thinking that this entry should not have even appeared in the register as there were no judgement.

4. Looking at the dates, it looks like after they were set aside, the CRA were not informed.

 

Your advice is very much appreciated.

Dot

[Dot1]

I tried looking for templates in the forum but could not find any idea of where to find them?

Thanks

[citizenB]

There isn't a template for what you want to say.

 

If the Judgment was set aside, then I think you are correct that it shouldn't be showing on your file. Is it also showing on trust online ?

 

http://www.trustonline.org.uk/

 

It will cost you £4.00 to do the search, I think.

 

In the first instance, I suggest you send a simple letter to Cabot and CL Finance. Ask them why they are still reporting a Judgment when there wasn't one.

 

You can ask for a notice of correction to be placed on your files - I think the Credit reference agencies have a form on their websites that you complete and send.

 

You might also consider telephoning / emailing the Information Commissioner and ask them if they have any advice on a situation such as this.

 

I am sure others will look in with further advice over the weekend.

[Dot1]

Thanks CitizenB,

I will do that and wait for their response.

 

 

I will also carry out the search.

 

 

What I noticed in the report is that the information source is Registry Trust Ltd.

Is that the same as trust on line?

The company names does not show except the name of the courts.

 

 

 

There isn't a template for what you want to say.

 

If the Judgment was set aside, then I think you are correct that it shouldn't be showing on your file. Is it also showing on trust online ?

 

http://www.trustonline.org.uk/

 

It will cost you £4.00 to do the search, I think.

 

In the first instance, I suggest you send a simple letter to Cabot and CL Finance. Ask them why they are still reporting a Judgment when there wasn't one.

 

You can ask for a notice of correction to be placed on your files - I think the Credit reference agencies have a form on their websites that you complete and send.

 

You might also consider telephoning / emailing the Information Commissioner and ask them if they have any advice on a situation such as this.

 

I am sure others will look in with further advice over the weekend.

[dx100uk]

yes the same

 

 

dx

[Dot1]

Thanks DX

[slick132]

Hi Dot,

 

Make sure you are fighting the right battle here. If an actual CCJ is being incorrectly reported, then you must get it corrected. Just make sure they are not correctly reporting arrears.

 

If adverse CRA data is showing incorrectly, I would also tell the companies responsible that you will seek compensation as per the case of Kpohraror v Woolwich Building Society.

 

[Dot1]

Thanks Slick132,

 

These account do not exist anymore. In fact they were bought by the DCA mentioned in my 1st post and default judgement were obtained which I managed to get them Set Aside.

 

One discontinued and the other resubmitted claim and and eventually we agreed on a consent order and the matter was settled.

 

As per my first post, it appears that when this CCJ were obtained by default the 1st time, they were not removed after I successfully got them set aside. Looking at the dates, that is what I can see.

 

As I asked in my fist post, who is responsible for the removal of the CCJ? Court, DCA or CRA. Would you also be kind enough to help guide me on how best to make a start?

 

It nothing to do with arrears but its CCJ which should not have been there in the first place as there was no judgement or if there was then it was set aside.

 

Thanks Dot

 

 

Hi Dot,

 

Make sure you are fighting the right battle here. If an actual CCJ is being incorrectly reported, then you must get it corrected. Just make sure they are not correctly reporting arrears.

 

If adverse CRA data is showing incorrectly, I would also tell the companies responsible that you will seek compensation as per the case of Kpohraror v Woolwich Building Society.

 

Edited September 14, 2014 by slick132
spacing added to make post easier to read

[slick132]

Hi Dot,

 

I did read your first post and am aware the a/c's are now closed. However, the debts still remain and they may be reportable which is why I commented as I did. Unless and until a debt is cleared, CRA's may continue report arrears

 

My understanding is that the court should remove a CCJ from the Register when it is Set Aside. See here - https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CEMQFjAA&url=http%3A%2F%2Fwww.trustonline.org.uk%2Funderstand-judgments-fines%2Fccjs-and-county-courts%2Fset-aside-a-judgment&ei=c8gVVKCWCcXraIGMglg&usg=AFQjCNHSj1GRDhS_D29VPF5oTvNmU9tCwg&sig2=LCB1pYIRHtNveEDC_isZJg&bvm=bv.75097201,d.d2s

 

So I would contact the court that originally registered the CCJ and ask that it be removed immediately, following the Set Aside granted on xxdate. That should take care of a CCJ on the Public Register.

 

Once that is done, you can contact the debt owners to demand that they immediately make sure the DCA's remove any reference to a CCJ.

 

In the meantime, you can contact the CRA's direct to inform them that they are reporting incorrect data.

 

[BRIGADIER2JCS]

Thanks Slick132,

 

These account do not exist anymore. In fact they were bought by the DCA mentioned in my 1st post and default judgement were obtained which I managed to get them Set Aside.

 

One discontinued and the other resubmitted claim and and eventually we agreed on a consent order and the matter was settled.

 

As per my first post, it appears that when this CCJ were obtained by default the 1st time, they were not removed after I successfully got them set aside. Looking at the dates, that is what I can see.

 

As I asked in my fist post, who is responsible for the removal of the CCJ? Court, DCA or CRA. Would you also be kind enough to help guide me on how best to make a start?

 

It nothing to do with arrears but its CCJ which should not have been there in the first place as there was no judgement or if there was then it was set aside.

 

Thanks Dot

 

 

What the CRAs report in regard to CCJs is " public record information" if the CCJs remain on said public record then then they will not be removed.

 

 

However the " account records" should not continue to be displayed as the CCJ takes prominence over the credit agreement.

 

 

Checking public records is what is needed.

[Dot1]

Hi Slick,

 

Thanks again for your explanation.

 

I will contact the court tomorrow and find out what the situation is. I will be writing to the CRAs too to inform them that the reports are wrong.

 

As for the DCA, as per your advice, until I have spoken to the Courts I will not contact them.

 

Thanks a lot.

Dot

 

Hi Dot,

 

I did read your first post and am aware the a/c's are now closed. However, the debts still remain and they may be reportable which is why I commented as I did. Unless and until a debt is cleared, CRA's may continue report arrears

 

My understanding is that the court should remove a CCJ from the Register when it is Set Aside. See here - https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CEMQFjAA&url=http%3A%2F%2Fwww.trustonline.org.uk%2Funderstand-judgments-fines%2Fccjs-and-county-courts%2Fset-aside-a-judgment&ei=c8gVVKCWCcXraIGMglg&usg=AFQjCNHSj1GRDhS_D29VPF5oTvNmU9tCwg&sig2=LCB1pYIRHtNveEDC_isZJg&bvm=bv.75097201,d.d2s

 

So I would contact the court that originally registered the CCJ and ask that it be removed immediately, following the Set Aside granted on xxdate. That should take care of a CCJ on the Public Register.

 

Once that is done, you can contact the debt owners to demand that they immediately make sure the DCA's remove any reference to a CCJ.

 

In the meantime, you can contact the CRA's direct to inform them that they are reporting incorrect data.

 

[Dot1]

Hi BRIGADIER2JCS,

 

Thanks for the information. I will try and follow it up with the courts tomorrow and hopefully, I will get to the bottom.

 

Will update as soon as there is any.

 

Dot

 

What the CRAs report in regard to CCJs is " public record information" if the CCJs remain on said public record then then they will not be removed.

 

 

However the " account records" should not continue to be displayed as the CCJ takes prominence over the credit agreement.

 

 

Checking public records is what is needed.

[BRIGADIER2JCS]

Hi BRIGADIER2JCS,

 

Thanks for the information. I will try and follow it up with the courts tomorrow and hopefully, I will get to the bottom.

 

Will update as soon as there is any.

 

Dot

 

 

Ok Dot,

 

 

Good luck. I've dealt with quite a few such problems in the past, there is often a lot of " buck passing" in this situation.

[Dot1]

Thanks BRIGADIER2JCS,

Will keep you posted.

 

Ok Dot,

 

 

Good luck. I've dealt with quite a few such problems in the past, there is often a lot of " buck passing" in this situation.

[Dot1]

Update.

 

I spoke to CRA and they insisted they were not informed that the 2 Judgments were set aside by the

 

Registry Trust. Contacted the Court too and they confirmed that with one Judgment, there was an error

 

in communicating the Order to the Registry Trust but one was done promptly and they confirmed this

 

in writing to me stating when it was done.I have sent evidence to CreditExpert but nothing so far. I

 

spoke to Registry Trust and it was also confirmed that

 

the DCAs were informed. They also confirmed it in writing when they received the Court Order and

 

when they informed the DCAs.

 

The DCA said until the here from Registry they will not remove the CCJ. Surprisingly, this is only being

 

held by Credit Expert but Equifax does not have it on my file.

 

I have made an official complaint with Credit Expert and they said they will investigate then let me

 

know the outcome.

 

Has anyone had a similar experience before?

 

What should do or expect?

 

What does the law state in this kind of situation?

 

Can I claim compensation?

 

They have held and distributed this false information about me for over 4 years.

 

Thanks Dot

[dx100uk]

a dca cannot register a ccj on a cra file

 

 

only the courts can

 

 

someone is telling porkies here.

 

 

dx

[Dot1]

Thanks DX,

 

You are right. I can almost be certain that the CRA is lying because both the Court and Registry have confirm

 

their clams in writing. I also have letters from the DCAs who confirmed that they had instructed the DCA

 

of the Court Order. I am not sure of what I can do in this case. Any idea?

 

a dca cannot register a ccj on a cra file

 

 

only the courts can

 

 

someone is telling porkies here.

 

 

dx

[slick132]

Hi Dot,

 

If you are going to get this resolved properly and have any chance of being compensated if appropriate, you must keep all contact in writing only. Don't speak to any CRA or any DCA by phone.

 

I would ask the court to confirm in writing what was communicated to the Registry Trust, and when.

 

The complaint you made to Credit Expert - was this in writing or by phone. If the latter, put your complaint in writing asap and tell them you will only deal with this by letter and not by phone.

 

[Dot1]

Hi Slick,

 

Thanks for your reply again. The Court, Registry and DCA have all confirmed in writing stating the dates as well.

 

Unfortunately, the complaint to CRA was over the phone but as per your advice, I will write one and send it to them.

 

Do you know of any residence or regulations that support this kind of case?

 

Dot

 

Hi Dot,

 

If you are going to get this resolved properly and have any chance of being compensated if appropriate, you must keep all contact in writing only. Don't speak to any CRA or any DCA by phone.

 

I would ask the court to confirm in writing what was communicated to the Registry Trust, and when.

 

The complaint you made to Credit Expert - was this in writing or by phone. If the latter, put your complaint in writing asap and tell them you will only deal with this by letter and not by phone.

 

[slick132]

Hi Dot,

 

You could look at the cases of Kpohraror v Woolwich B Soc'y as mentioned in post #7 above.

 

Did you read the info in Para.2 of post #9 above.

 

[Dot1]

Hi Slick,

 

Thanks for the information.I had a good read but hope it will not get there. It all depends on their response. I have sent them a written complaint and await their reply.

 

As for the the Para in 2 post 9, I read it too but very confident that it will not apply as both cases are resolved as per my earlier post.

 

It will be interesting to see what their reply will be especially when I have a confirmation in writing from both the Court and the Trust Registry that they were informed of the court order. Unless they are going to say that Court and Registry are lying which they have already said by the way over the phone by saying they did not receive instructions.

 

Dot

 

Hi Dot,

 

You could look at the cases of Kpohraror v Woolwich B Soc'y as mentioned in post #7 above.

 

Did you read the info in Para.2 of post #9 above.

 

[slick132]

Hi Dot,

 

Hi Slick,

 

It will be interesting to see what their reply will be especially when I have a confirmation in writing from both the Court and the Trust Registry that they were informed of the court order. Unless they are going to say that Court and Registry are lying which they have already said by the way over the phone by saying they did not receive instructions.

 

Dot

 

What they told you by phone, and what they are willing to say in writing may be two very different things. Hence the advice to stay OFF the phone.

 

Keep us updated.

 

[Ford]

dot1

have you done a formal notice to correct info under the s159 consumer credit act (rather than on the phone)? that might help get things moving. may end up with ICO involvement.

[Dot1]

Hi Ford,

 

Sorry for taking long to respond. in response to your question, apart from the phone request, I also wrote to Credit Expert requesting for the removal of the judgment but I am not sure if that can be treated as s159.

 

What do I need to do? Any suggestion?

 

Thanks Dot

 

dot1

have you done a formal notice to correct info under the s159 consumer credit act (rather than on the phone)? that might help get things moving. may end up with ICO involvement.

[Ford]

Hi Ford,

 

Sorry for taking long to respond. in response to your question, apart from the phone request, I also wrote to Credit Expert requesting for the removal of the judgment but I am not sure if that can be treated as s159.

 

What do I need to do? Any suggestion?

 

Thanks Dot

 

hi

just thought maybe a formal written notice under section 159 might help progress things along. as once receiving a notice, a cra has to respond as per the section within time limits. and if not satisfactory, then the ICO/FCA can be involved, making an order.

but, seeing as it is under written complaint already, maybe see then what results from that first?