God please someone help!

[SlimmingMumOf1]

Sorry I am posting here for traffic cos I am extremely worried! My husband has always had 100% perfect credit score. He's had a mortgage, credit cards etc and has never been in debt! Yesterday his credit history was shiny and clear and today, it was on red and it says he's got a CCJ against him at a previous address 2 years ago (we used to live there 6 years ago), same middle name and surname AND same first name BUT the first letter is different (for example, instead of Mollie, it says Pollie). He said he doesn't know what is going on! He is going to ring them tomorrow but I am really worried. Could this be a possible identity fraud or something? He is stressing out, saying his life is over if this turns out to be true but he's got absolutely no knowledge of owing money to anyone! How do we get a full copy of the CCJ? We really need to find out ASAP.

So where did the ccj come from then??

If he thinks he doesn't owe the money he can apply for the judgment to be set aside. If he does owe it then you can pay the debt in full and then apply to the court for a certificate of satisfaction and on payment of a small fee for the CCJ to be removed from the register.

So how did it get to CCJ stage if as you say he's always had such a good credit history?

CCJs do not turn up out of nowhere. There are lots and lots of letters and great big fat envelope from the court before you get tgat far. If it's wrong it's fixable and very much not the end of the world. If it's right it's still not the end of the world.

How can someone who apparently checks their credit score every day according to your OP not remember owing enough money to generate a CCJ?

He knew this was coming I think, hence the checking every day, who does that?

Yes he was hoping against hope that CCJ wasn't going to show, which is why he over reacted so badly when it finally showed ...

He didn't know he had a CCJ against him at all. He wasn't expecting it either! He is going to the solicitors to get it set aside as that's what he has been advised to do. It was from a car accident he had a few years ago and the person in question who claimed against him used a hire car after the accident but his insurance didn't cover it as it was already 'settled' but like I said, we moved since then, that's why he didn't know about it.

It might be worth getting in touch with the insurance company who was dealing with the claim at the time and see if they will either deal with getting it set aside or pay the ccj

The insurance company refused to pay cos the claim had already been settled so they don't have anything to do with it. The solicitor we are going to get will write a letter to the claimants solicitor and sort it out from there because this is not something we can do ourselves. That's our chances of getting a mortgage gone right out the window! We always go through so much shit when we have finally got somewhere! We was planning on getting a mortgage and everything and now this shit has happened. Sorry I am just really upset and fed up!

Sorry you’re going through this...I imagine it’s very stressful. Firstly, it’s important to keep calm and keep this in perspective. You’ve made a positive step with getting a solicitor and hopefully this will get sorted soon. What I can’t understand is that a ccj comes at the end of a long road of chasing debts. There should have been default notices served before this, and these would have already had an impact on your husband’s credit score. You need to ask whoever is chasing you for a copy of all correspondence.

I have recently remortgage after my exH left me with significant debts. They did not reach ccj stage but my credit rating was badly affected. So if it gives you some reassurance it is possible to get a mortgage with poor credit. Good luck

The insurance should cover any legal claim made against you as a result of the accident so it's sounds a bit like they might be fobbing you off a bit so they don't have to reopen their claim file.
Alternatively if they are saying they agreed settlement in full and final with the claimant and then the credit hire company has then submitted a claim then they need to provide your solocitor with the evidence of this to help you get it set aside.
Either way it's something they should be dealing with. It might be worth asking about their complaints process and advise you intend to go to the FOS

*solicitor

If the car insurance doesn't cover it your household insurance may well cover you setting this aside.

The alternative (if there is a genuine claim) is to pay it and get the CCJ removed as it's been satisfied.

If the claim was settled by the insurance company in full and final settlement this will be a defence to the claim against your DH.

If he successfully has the judgment set aside it will be as if there is no CCJ. He can then defend the claim on the basis the claim had been settled in full. You will need his insurance company's co-operation as they will need to send him copies of the correspondence etc that relates to the claim which no doubt his solicitor will tell him.

If the claimant has accepted an amount in full and final settlement of the claim then he is prevented from going for more. If the claim was not settled in full then the insurance company will have to pay for loss which was foreseeable.