CCJ against old name unknowningly

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Salli
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#1 CCJ against old name unknowningly

Post by Salli » 27 Apr 2017 19:18

Hello , am new to this seemingly helpful forum.
My problem in a nutshell is:
Way back in 2010 I took out a phone contract, terminated it 3 mts early buy returning it to the shop, was not told anything about early termination fee.got married, and legally changed my name completely by deed pol in 2011, moved homes quite a few times. Settled at current address. By sheer chance a letter addressed to my old name was opened, (usually I don't open junk mail to that name, because it's always rubbish or come charity etc.)
Turns out, that letter was a bailiff final notice from a county court warrant. For £179.25. Apparently it's for court fees and Probably bailiff fee not sure. I done some digging and found out that Lowell portfolio 1 bought the debt in 2012 and has apparently been chasing me for payment. This I had no idea of because letters, if they came to my old name went to the bin. It then went to court without my knowledge and a CCJ issued against my old name.
Q 1: should I be worried about it? Will it affect my credit file given that name does it exhist anymore?
Q2: if I pay the bailiffs the court fees and what I think is the bailiff fee together, to stop them coming over, what then happens to them? Will they return in later years?
Q3: And can I then fight the debt collectors agency directly for proof of me owing them? i.e legal contact between myself and them to say I am responsible and will pay them instead of phone company?
Especially since the debt is in my old name, that technically doesn't exist anymore,
Q4: can the bailiff enforce this warrant if the come to the house and find the name of the person living here is not what's named on the warrant? Even though I am the same

Thanks for your help in advance 😊

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Schedule 12
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#2 Re: CCJ against old name unknowningly

Post by Schedule 12 » 28 Apr 2017 08:57

Salli wrote:
27 Apr 2017 19:18

Way back in 2010 I took out a phone contract, terminated it 3 mts early buy returning it to the shop,

. It then went to court without my knowledge and a CCJ issued against my old name.


Q 1: should I be worried about it? Will it affect my credit file given that name does it exhist anymore?
These are debt questions rather than bailiff enforcement ones. We might not be the right place to ask, but, my educated guess is a CCJ in your maiden name at an old address is unlikely to raise its ugly head in your married name.



Q2: if I pay the bailiffs the court fees and what I think is the bailiff fee together, to stop them coming over, what then happens to them? Will they return in later years?
Once the warrant of control is paid, the enforcement power ceases.



Q3: And can I then fight the debt collectors agency directly for proof of me owing them? i.e legal contact between myself and them to say I am responsible and will pay them instead of phone company?
Yes you can.




Especially since the debt is in my old name, that technically doesn't exist anymore,
Q4: can the bailiff enforce this warrant if the come to the house and find the name of the person living here is not what's named on the warrant? Even though I am the same
Yes, but not if the address on the warrant of control is wrong.


Thanks for your help in advance 😊
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Salli
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#3 Re: CCJ against old name unknowningly

Post by Salli » 28 Apr 2017 09:35

Thank you so much for your response
Yes the ccj does not show up on my credit score, which is nearly perfect.
The fee is for bailiff, court and solicitor.
I am ok with paying that and hope that I can then fight the debt collectors directly. Any idea how I can best go about this? I am sure they have no proof that the bought it, or where I agree to pay them
Thanks for your suggestions

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#4 Re: CCJ against old name unknowningly

Post by Schedule 12 » 28 Apr 2017 11:05

Lets see the warrant or document saying the bailiff is instructed. It called a Notice of Enforcement.
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Salli
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#5 Re: CCJ against old name unknowningly

Post by Salli » 28 Apr 2017 11:46

It's titled final notice
Basically goes on to say this warrant has been issued for the amount 179.25 or the removal of goods to the sale room unless he amount is paid to the court room I will be left with not alternative but to carry out the warrant and I'll have to pay removal and auctionieer cost

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#6 Re: CCJ against old name unknowningly

Post by Schedule 12 » 28 Apr 2017 11:54

Did you get a document that looks like this?

http://www.legislation.gov.uk/uksi/2014 ... edule/made
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Salli
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#7 Re: CCJ against old name unknowningly

Post by Salli » 28 Apr 2017 12:34

Definitely does not look like that
It's just a hmc headed letter stating what I said earlier

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Michelle
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#8 Re: CCJ against old name unknowningly

Post by Michelle » 28 Apr 2017 12:44

Salli wrote:
27 Apr 2017 19:18
It then went to court without my knowledge and a CCJ issued against my old name.
Q 1: should I be worried about it? Will it affect my credit file given that name does it exhist anymore?
There's only one way to find out for sure. Get a copy of your credit report online. I believe Experian is now free forever. You may also wish to check the CCJ registry here: https://www.trustonline.org.uk/search-yourself It costs £4. Bear in mind the registry is more public than your credit file. Only financial institutions and other companies that share data with the credit reference agencies can access your credit file, however, Trustonline is public and anyone can pay to search you.
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Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

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Salli
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#9 Re: CCJ against old name unknowningly

Post by Salli » 28 Apr 2017 13:32

Thank you, I check with Experian, and there's nothing. Nearly perfect score
I'll look at the one you mentioned

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#10 Re: CCJ against old name unknowningly

Post by Pote Snitkin » 28 Apr 2017 17:37

Looks like this is going to need to be set aside on the grounds that you were unaware of the proceedings - you can then ask for proof of documents that these debt buyers usually don't have. The problem is the court fee unless you qualify for a remission.

https://www.gov.uk/county-court-judgmen ... -the-money
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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Michelle
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#11 Re: CCJ against old name unknowningly

Post by Michelle » 28 Apr 2017 20:08

Unfortunately the application fee of £255 is more than the CCJ amount and the OP has said the CCJ does not appear on their credit file.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

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Salli
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#12 Re: CCJ against old name unknowningly

Post by Salli » 29 Apr 2017 11:49

Thanks for all your help everyone
I think I'll pay the warrant, they then can't go back to court because the 6 year passed in march 2017.
Think that's ok???

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#13 Re: CCJ against old name unknowningly

Post by Salli » 29 Apr 2017 11:50

Does anyone know any good forum that advices on how to fight the debt collectors? Tips?

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#14 Re: CCJ against old name unknowningly

Post by Pote Snitkin » 29 Apr 2017 12:33

Salli wrote:
29 Apr 2017 11:50
Does anyone know any good forum that advices on how to fight the debt collectors? Tips?
If you ever get a letter from a DCA who say they've 'purchased' your debt, just send them this letter:
[Date]
[Ref numbers]

Dear sir/madam


Regarding the case reference numbers above please send me copies of the following documents:

the signed credit agreement
a statement of the account including payments and charges
the default notice
the transfer of the account

I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I enclose a payment of £1 which is the fee payable under the Consumer Credit Act 1974.

I understand this information should be supplied within 12 working days.

I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account.

If you are unable to supply a copy of the information requested please confirm this matter is closed.

I look forward to hearing from you.

Yours faithfully

[your name only, don’t sign]
Use a postal order to pay the £1, never a cheque. In a majority of cases, they'll be unable to provide all of this, especially a copy of the original agreement. You then have an absolute defence against any claim.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Salli
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#15 Re: CCJ against old name unknowningly

Post by Salli » 29 Apr 2017 16:35

Thanks a million!!
This April is a nightmare mth!! My husband and I just got individual letters from Advantis claiming they are collecting for HMRC who 3 years ago claimed they overpaid us, but never provided any info on how it occurred. They then passed it to past due credit solutions who was chasing and I sent them a similar letter. They now got advantis writing much to my nuisance 😠😠
I'll be sending them this letter too
Tanks

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#16 Re: CCJ against old name unknowningly

Post by Pote Snitkin » 29 Apr 2017 17:06

That letter won't be of any use for an HMRC debt. Is it a tax credit overpayment?
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Salli
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#17 Re: CCJ against old name unknowningly

Post by Salli » 29 Apr 2017 18:08

Ok
Yea it is, though when it apparently happened, I contested it and they said it was being looked into. Next I got letter from past due.
I called HMRC and they couldn't do or say anything because it was passed on. I sent similar letter, they disappeared now these appear 🙄🙄
Any suggestions what to do about them?

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#18 Re: CCJ against old name unknowningly

Post by Pote Snitkin » 29 Apr 2017 18:09

So I assume you're no longer in receipt of tax credits?
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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#19 Re: CCJ against old name unknowningly

Post by Michelle » 29 Apr 2017 20:26

Salli wrote:
29 Apr 2017 16:35
Thanks a million!!
This April is a nightmare mth!! My husband and I just got individual letters from Advantis claiming they are collecting for HMRC who 3 years ago claimed they overpaid us, but never provided any info on how it occurred. They then passed it to past due credit solutions who was chasing and I sent them a similar letter. They now got advantis writing much to my nuisance 😠😠
I'll be sending them this letter too
Tanks
I also got similar letters from Advantis about overpayment of tax credits, I wrote to HMRC asking for a statement showing the overpayment and sent a copy to Advantis. This all flared up in 2012. HMRC could never really provide a breakdown. I told Advantis I had not received any satisfactory response from HMRC regarding the alleged overpayment. I then ignored and further communications and have not heard a peep in years. :mrgreen:

Obviously none of the stuff about the Consumer Credit Act would apply here.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

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#20 Re: CCJ against old name unknowningly

Post by Pote Snitkin » 29 Apr 2017 20:54

Whenever I've had an overpayment the baskets just took it from future payments.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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#21 Re: CCJ against old name unknowningly

Post by Salli » 30 Apr 2017 21:37

Oh we gladly washed our hands of child tax credits 2 years ago. That was when they claimed they overpaid. And yes they have done so previously and took it back from payments after that.
Michelle I'll use that tactic,especially since it's true, I don't have anything to hide

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