CCJ Against Myself But Should Be Named To My Dad

[TheCanisLupus]

Hello,

 

 

(Please excuse me if this has been posted in the wrong section).

 

 

I recently found out I have a CCJ against my name and credit record etc.

However the debt isn't mine, it is my Dad's, but we have the same name.

 

 

I took a mobile phone contract out with Orange a few years ago (2010 my first contract), after a while I set up another mobile phone contract under my account for my Dad. After his two year contract passed EE (was Orange) contacted him for an upgrade, which he accepted but requested that the number and contract be severed from my account and a new one set up under his own name and details, which at the time EE said they could do so.

 

 

Six months later my Dad's contract was cancelled and the debt defaulted. I only found this out a further three months later (November 15') when I tried switching from Orange (My contract was still under Orange) to O2 but they withheld my number transfer because of this unpaid debt.

 

 

This is when we found out EE hadn't set up a new separate account for my Dad and kept the two mobile contracts under my account. When I tried to resolve this with EE they already sold the debt on to a collection agency. I left this with my Dad to rectify and repay.

 

 

Fast forward to July 16' and the original debt collection agency had passed the debt onto another collection agency, and these guys sent notification of an application for a CCJ. During this time my Dad was recovering from severe health problems and ignored all these letters, thinking they were for him when in actual fact they had been for me.

 

 

I only found this out when I applied for a small (

 

 

The judgement was made in my absence in August 16' as no defence was submitted. I contacted the County Court earlier this month stating this isn't my debt it is my Dad's, they referred us back to the debt collection agencies who then referred us back to EE who then referred us back to the debt collection agencies who referred us back to the County Court and the cycle continues.

 

 

This CCJ should be for my Dad not me, we have no problem paying off the debt sum (around £580) but if I agree a payment and a certificate of satisfaction, the CCJ will still be on my credit record when it shouldn't be there it should be on my Dad's and I need the Court to change this.

 

 

Now I know I've missed the deadline to submit a defence and ask for a set aside, but I am aware I can still apply for a set aside (sooner rather than later) so I can submit my defence on this CCJ (pretty much what I've wrote above) but my concern is paying for this application (an N244 form?) and it being rejected and having this CCJ on my record when it doesn't belong to me and affectively pausing my future for the next six years.

 

 

I've been in regular contact with the debt collection agency and I would like to see if they'd agree to a set aside too as they're aware of the situation, the debt should be assigned to my Dad not me, but they may not agree to it which makes it a bit trickier with the County Court if they reject it too.

 

 

I'm just looking for advice from anyone who has been in a similar situation, whether or not a CCJ can be changed to a different person (even if that person admits it is their debt)? Is the outlook of my next six years bleak? How do I pay the N244(?) form when I send it to the County Court?

 

 

I appreciate your time reading the above and any feedback is most welcome,

Thank you.

[unclebulgaria67]

If this debt is not yours and you have proof, then either the DCA sets it aside (which it can) or you submit the set aside paying the court fee. I don't see why you could not reclaim the court fee and other expenses from the DCA.

 

I think you need to send the DCA a letter saying that you will apply to set aside the CCJ and also claim all relevant costs for doing this, if they do not remove the CCJ by contacting the courts themselves. It is theh up to the DCA whether they issue a claim against your Dad later, as that is a separate issue.

[TheCanisLupus]

Thanks for your reply.

 

 

Would the fact I've missed the deadline to submit a defence not matter if the DCA contact the County Court to set it aside?

[BankFodder]

There is no deadline for applying for a setaside. So long as you have a reason for not having dealt with it – you didn't receive the papers – and more particularly that if you are permitted to file a defence that you stand a good chance of success (and clearly here you do) then the set-aside will be granted. The only issue here is whether you will be able to reclaim the £255 set-aside fee. You should include this in your set-aside application.

 

Who owns the judgement? Presumably it is the phone company? Have a look at the advice we give about applying for a setaside. If the phone company refuses to consent to the set-aside including the refund of your application costs, then tell them – in writing – that you will be counterclaiming against them for their negligence in the handling of the account and that you will also be asking for some compensation for the problems they have cause to you by their breach of the Data Protection Act. Also tell them that you will be making a formal complaint to the information Commissioner.

[Andyorch]

Thread moved to Financial Legal Issues

 

The claimant wouldn't happen to be Lowell by any chance?

 

Andy

[TheCanisLupus]

There is no deadline for applying for a setaside. So long as you have a reason for not having dealt with it – you didn't receive the papers – and more particularly that if you are permitted to file a defence that you stand a good chance of success (and clearly here you do) then the set-aside will be granted. The only issue here is whether you will be able to reclaim the £255 set-aside fee. You should include this in your set-aside application.

 

Who owns the judgement? Presumably it is the phone company? Have a look at the advice we give about applying for a setaside. If the phone company refuses to consent to the set-aside including the refund of your application costs, then tell them – in writing – that you will be counterclaiming against them for their negligence in the handling of the account and that you will also be asking for some compensation for the problems they have cause to you by their breach of the Data Protection Act. Also tell them that you will be making a formal complaint to the information Commissioner.

 

 

Brilliant thanks again for a helpful response I really appreciate it.

The £255 fee I'm not fussed to claim back as long as the CCJ gets cleared from my name as such.

 

The judgement is owned by the DCA, EE sold it on to a DCA originally and have told me that they have nothing to do with the debt anymore as it's no longer to do with them.

 

Forgive my naivety here but when sending the form to the County Court, I'm not sticking cash in with the envelope am I? I should use a postal order right with a signed delivery?

[BankFodder]

Which DCA is this? I think you've been asked this by somebody else but you haven't replied.

 

In order to apply for the set-aside, download the form N244 and you will also find some notes relating to it from the County court website. Full explanations will be there.

 

Follow the set-aside link and you will see some basic instructions there. There is nothing wrong with trying to seek consent from the DCA. It will make life a lot easier if they do consent – even if they want to quibble about the costs.

 

Once you have found out whether or not they are on board, get the form and then come back here and we will help you fill it all out.

[Ganymede]

This is an interesting one as the OP is probably liable for the original contract in his name and on his account that his dad was using.

 

Why did you do it like this? Has your dad got a poor credit rating?

 

What are the Particulars of Claim from the original paperwork? Can you get them from the Court if you don't already have them.

[TheCanisLupus]

Thank you so much for all your responses this is really helpful.

Lowell Financial Ltd. initially took the debt on from EE. They have then passed it onto Lucas Credit Services who processed the CCJ.

I've contacted LCS to see if they're going to agree to the set-aside.

 

 

Yes my Dad has had poor credit ever since I can remember and my younger naïve past-self must have believed he would change his ways considering it's his son that would be in trouble. And now we're full circle.

I can't remember the details off the top of my head but I'm sure I have the paperwork too for the Particulars of Claim and I can detail them on here when I get the chance.

 

 

 

 

Once again, thank you all for your assistance so far!

[BankFodder]

We can help you – but you need to engage properly with the forum. Help you get here is free of charge and it depends on people's enthusiasm and goodwill. However, you need to reciprocate by keeping in contact with the thread and also providing information is asked for as quickly as possible. I can see that you have been away from the forum for three days even though you started a discussion. If there aren't responses from you and every starts to feel that they're putting in a load of work without any reaction from you, then they are likely to give up.

 

Yes please. Post up the particulars of claim in original – PDF format as quickly as possible. Also, if there are any other papers or documents that you are missing either by contacting the court, contacting the other side or sending off an SAR. Having all the information at your fingertips is really essential because it will help to put you in control.

[TheCanisLupus]

My apologies, I was advised of this site through a friend who went through a situation with a CCJ and I rarely have used forums in the past.

 

Hopefully I've attached the PDF correctly, these are the only documents I have also included an email I sent to EE to which their reply was they don't own the debt anymore and sold it Lowell and they're the data controllers and no longer have the visibility of the information of shown on my credit file.

CCJ Docs.pdf

[Ganymede]

Can you just transfer the original phone account from your name to your dad's?

 

Would the existing contract need to be cancelled completely and your dad take a new one out?

[TheCanisLupus]

Unfortunately not, this is what my Dad and I initially thought had happened but wasn't carried out due to his poor credit score but EE never made us aware the change didn't take place.

 

There is currently no existing contract for my Dad active (as he uses PAYG sim now) and I only have one with O2.

[Ganymede]

On face value it would appear as if you were correctly sued as you were responsible for the contract.

[stu007]

Hi The CanisLupus

 

I have had to unapprove your PDF due to it been edited in the actual PDF (Please edit these in an image program first before PDF this is to protect your identity)

 

How to Upload Document/Images on CAG: http://www.consumeractiongroup.co.uk/forum/showthread.php?431533-How-to-Upload-Documents-Images-as-PDF-on-CAG-Immediately-(you-do-not-need-10-posts)

[TheCanisLupus]

Hi The CanisLupus

 

I have had to unapprove your PDF due to it been edited in the actual PDF (Please edit these in an image program first before PDF this is to protect your identity)

 

Hi,

No problem I shall redo and re-upload accordingly, thank you.

[TheCanisLupus]

On face value it would appear as if you were correctly sued as you were responsible for the contract.

 

I don't disagree with that. However during the time of the contract, my Dad and I assumed EE had separated the contract and set up a new account for him. We weren't made aware from EE that they couldn't carry this out and ultimately kept the contract under my contract.

[TheCanisLupus]

Thread moved to Financial Legal Issues

 

The claimant wouldn't happen to be Lowell by any chance?

 

Andy

 

Initially yes, then they sent it to Cohen Cramer whose contact details are Lucas Credit Services.

 

The CCJ still states Lowell as the claimant however.

Edited October 28, 2016 by TheCanisLupus

[TheCanisLupus]

Hopefully these are acceptable. Any email or phone numbers are just general enquiry details.

CCJ Docs.pdf

[Ganymede]

I don't disagree with that. However during the time of the contract, my Dad and I assumed EE had separated the contract and set up a new account for him. We weren't made aware from EE that they couldn't carry this out and ultimately kept the contract under my contract.

 

You know what they say about assuming...

[TheCanisLupus]

You know what they say about assuming...

 

Haaaa unfortunately yes

[Andyorch]

Initially yes, then they sent it to Cohen Cramer whose contact details are Lucas Credit Services.

 

The CCJ still states Lowell as the claimant however.

 

Then it is Lowell as I thought.....Lucas Credit Services are irrelevant.

[TheCanisLupus]

LCS have apparently put bailiffs on to collect payment though? They have been delaying the collection though every two weeks since I've been in contact and kept them updated with the current situation.

 

Are Lowell not to be messed with?

[BankFodder]

You need to start the process of getting a set-aside immediately – on Monday.

 

I see that you don't seem to have the claim form. Contact the court on Monday and tell them that you don't have any documents and that you will be asking for a set-aside and that you would like a copy of the claim form.

 

At the same time, telephone the claimant and tell them the same thing. Then confirm what you have said to them in writing. Make sure you send it recorded delivery. Then follow our set-aside instructions and asked the claimant for prepared to consent to a set-aside. Explain to them exactly what has happened and that it is not your debt and they are suing the wrong person. Put this in writing as well and send it to them recorded delivery – but in a separate letter and a separate envelope so that they don't mix anything up.

 

Let us know if they consent to the set-aside we will help you. If they don't consent to the set-aside we will still help you but it may be slightly different. Go to the court services website and download the form N244. That is the application notice form which you used to begin the set-aside procedure. Also in your letter to the claimant, – if they don't agree to the set-aside – inform them that as you are applying for a set-aside and as the set-aside is likely to be granted, please will they hold off on any enforcement action. Let us know what they say. If they are being businesslike then they will cooperate with you. If there being stupid then they will simply try to make life tough you. If they raise any objections and tell them that their issue is with the people who sold them the debt who mucked up the business of the accounts in the first place. One them that they may be the issue a counterclaim for having breached their data protection obligations and you would appreciate it if they try to be helpful about it all to sort out the mess rather than compound the problem. Tell the claimant that you will provide them with a copy of the form once it is filed with the court so they can be sure that you are indeed making the application stop

 

Come back here on Monday and tell us what they have all said. Then we will help you draft the form N244.

[TheCanisLupus]

You need to start the process of getting a set-aside immediately – on Monday.

 

I see that you don't seem to have the claim form. Contact the court on Monday and tell them that you don't have any documents and that you will be asking for a set-aside and that you would like a copy of the claim form.

 

At the same time, telephone the claimant and tell them the same thing. Then confirm what you have said to them in writing. Make sure you send it recorded delivery. Then follow our set-aside instructions and asked the claimant for prepared to consent to a set-aside. Explain to them exactly what has happened and that it is not your debt and they are suing the wrong person. Put this in writing as well and send it to them recorded delivery – but in a separate letter and a separate envelope so that they don't mix anything up.

 

Let us know if they consent to the set-aside we will help you. If they don't consent to the set-aside we will still help you but it may be slightly different. Go to the court services website and download the form N244. That is the application notice form which you used to begin the set-aside procedure. Also in your letter to the claimant, – if they don't agree to the set-aside – inform them that as you are applying for a set-aside and as the set-aside is likely to be granted, please will they hold off on any enforcement action. Let us know what they say. If they are being businesslike then they will cooperate with you. If there being stupid then they will simply try to make life tough you. If they raise any objections and tell them that their issue is with the people who sold them the debt who mucked up the business of the accounts in the first place. One them that they may be the issue a counterclaim for having breached their data protection obligations and you would appreciate it if they try to be helpful about it all to sort out the mess rather than compound the problem. Tell the claimant that you will provide them with a copy of the form once it is filed with the court so they can be sure that you are indeed making the application stop

 

Come back here on Monday and tell us what they have all said. Then we will help you draft the form N244.

 

Wow, thank you so much, I'll start prepping everything over this weekend so come Monday I know exactly where I'm at and get this ball rolling faster.

All this advice and guidance is incredible, once again, thank you.