CCJ Removal Advice Please......

[redfox]

Hi,

 

My friend had a CCJ against his name but he has just defended it and gone to court to have it removed. It turned out that the CCJ was not his but someone else that lived at his address before him with a similar spelt name!

 

Anyway, the courts are saying that it is going to take 6 weeks to remove this CCJ but he needs it removed within the next 2 weeks as he is buying a house with a friend and believes the CCJ will affect this process. How can it take that long when it takes probably a day to put on??!!!

 

Can anyone provide advice as to what can be done to speed up this process? I recently had a 'missed 2 payments' against my name which was untrue so I wrote to the company concerned and they said they would write to experian and it would take 14 days to remove.

 

Thank you

[mutzi]

That's a big problem if you want a mortgate but I think there's away around it. If your friend has something from the court which shows the judgement wasn't his and is being removed he should make it very clear on the mortgate application that the ccj is not his. Also you could contact the credit reference agencies and make them aware of the situation, can't be sure if they'll help though.

 

The data protection act, section 12 gives you the right to stop automated decision making on just such things. If the application is turned down you can rely on this and make them review the decision in a completely manual fashion:

12. - (1) An individual is entitled at any time, by notice in writing to any data controller, to require the data controller to ensure that no decision taken by or on behalf of the data controller which significantly affects that individual is based solely on the processing by automatic means of personal data in respect of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct.

Further if he suffers any financial loss as a result of this (eg cost/time involved in setting up the purchase, having to rent somewhere in the meantime) section 13 provides for compensation.

13. - (1) An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

 

You will have to identify who's at fault though, the company making the claim or the credit reference agency.

[mila]

Hi there

 

I had a CCJ just recently by Natwest, whilst abroad they issued the summons and got a judgement, I could not defend it.

 

How can I set aside this CCJ?

 

As I wanted to defend it