Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Just had a CCJ for a debt I know nothing about - best next steps?

35 replies

ajandjjmum · 21/02/2023 20:40

DS is living in abroad at the moment, and his flat is occupied by two lodgers.

He has just sent through an image of a CCJ that has been issued in DH's name (he is on DS's mortgage) from a company we have never heard of, relating to an amount we know nothing about. It was a letter sent to his flat, that was opened by one of the lodgers.

We have not received any previous correspondence relating to this debt.

What is the best thing to do tomorrow? Contact the Court to explain that we received no prior communication, or speak to the company who are debt collectors, and see if it can be resolved through them?

Obviously happy to settle anything outstanding, but have no idea what it's for!

Really grateful for any advice.

OP posts:
vipersnest1 · 21/02/2023 20:42

You need to speak to your son. I'm pretty certain he will know what has happened to trigger this - he just hasn't told you or DH, sorry.

Cococomellonn · 21/02/2023 20:48

Contact both.
Debt collection agency unlikely to do anything if they already have judgment but may do if you tell them you were not served with the claim and will apply to court to set it aside.
you may have to apply to court to set it aside buy will need a reason eg you genuinely know nothing and don't owe money, you were not served with a claim (there are specific rules on service), you have a defence it counterclaim

when I say "you" I mean whoever the ccj is against.

Original poster
ajandjjmum · 21/02/2023 20:50

vipersnest1 · 21/02/2023 20:42

You need to speak to your son. I'm pretty certain he will know what has happened to trigger this - he just hasn't told you or DH, sorry.

He works at a senior level in Financial Services - he's not silly enough to be trying to pull the wool over our eyes. He's away, and the image that he sent through to me as soon as it arrived is the first he knows of the situation.

It obviously needs to be resolved, and I would be grateful if anyone with legal knowledge could advise on how best to go about this.

OP posts:
Original poster
ajandjjmum · 21/02/2023 20:53

Cococomellonn · 21/02/2023 20:48

Contact both.
Debt collection agency unlikely to do anything if they already have judgment but may do if you tell them you were not served with the claim and will apply to court to set it aside.
you may have to apply to court to set it aside buy will need a reason eg you genuinely know nothing and don't owe money, you were not served with a claim (there are specific rules on service), you have a defence it counterclaim

when I say "you" I mean whoever the ccj is against.

Thank you @Cococomellonn - DH has never lived at the address, so why they would send any correspondence to him there, I'm not sure. Appreciate your advice - I will speak to both in the morning.

OP posts:
stairgates · 21/02/2023 20:53

Can you log into his credit file to see if there is any details on there, maybe experian or equifax if its still them.

BlüeöysterCunt · 21/02/2023 20:54

Cococomellonn · 21/02/2023 20:48

Contact both.
Debt collection agency unlikely to do anything if they already have judgment but may do if you tell them you were not served with the claim and will apply to court to set it aside.
you may have to apply to court to set it aside buy will need a reason eg you genuinely know nothing and don't owe money, you were not served with a claim (there are specific rules on service), you have a defence it counterclaim

when I say "you" I mean whoever the ccj is against.

This is untrue. I work in debt collection and talk to people every day who have CCJs - they will definitely pursue you for the money.

You need to contact the county court business centre (or where it was issued) and apply to have it removed

FawnFrenchieMum · 21/02/2023 20:54

You need to apply (well your DH if it’s in his name) to the court for the order to be set aside. There are certain situations that you can apply for it to be set aside for and no knowledge of the court paperwork is one of those.
You should also contact the issuing court and ask them to provide you details of the company who has made the claim against your DH.

FawnFrenchieMum · 21/02/2023 20:56

BlüeöysterCunt · 21/02/2023 20:54

This is untrue. I work in debt collection and talk to people every day who have CCJs - they will definitely pursue you for the money.

You need to contact the county court business centre (or where it was issued) and apply to have it removed

Show quote history

I don’t think she meant they won’t pursue them for the money, I think she meant they won’t do anything about getting it removed or resolved as to why they owe they money (or why it’s thought that they do)

VegetablesFightingToReclaimTheAubergieneEmoji · 21/02/2023 20:56

I’ve had this. I had to apply to the court to have it set aside.
if I’m remembering the process correctly I had to go to my local court, stand in front of a judge and swear I knew nothing about it (it was a long morning of waiting). they then allow the court to effectively reset it as if the judgement hadn’t been made . I then had a new court date issued at the original court (which was miles away and a pain). I had to go and present my case and it was thrown out.
it was beyond stressful, but was resolved. good luck

Pompom2367 · 21/02/2023 20:56

Contact the court for further information

userxx · 21/02/2023 20:57

Has he checked his credit file? MoneySuperMarket is quite good.

BlüeöysterCunt · 21/02/2023 20:57

FawnFrenchieMum · 21/02/2023 20:56

I don’t think she meant they won’t pursue them for the money, I think she meant they won’t do anything about getting it removed or resolved as to why they owe they money (or why it’s thought that they do)

Show quote history

Ah okay! Oops 😬

Yeah no they're not going to help you get it removed other than give you the advice already given, but the agency will be able to give you information on the debt - they have to

Original poster
ajandjjmum · 21/02/2023 20:58

BlüeöysterCunt · 21/02/2023 20:54

This is untrue. I work in debt collection and talk to people every day who have CCJs - they will definitely pursue you for the money.

You need to contact the county court business centre (or where it was issued) and apply to have it removed

Show quote history

I think that what @Cococomellonn is advising is that I speak to both, and explain that DH never received the claim. There is no suggestion that we wouldn't be pursued for any outstanding money - just be nice to know what it is for! Grin

If money is owing we will happily settle the debt - but all we know about it is an amount from the debt collection agency, who I would have thought have to provide us with more detail - like who we owe and what for!

OP posts:
BlüeöysterCunt · 21/02/2023 21:01

ajandjjmum · 21/02/2023 20:58

I think that what @Cococomellonn is advising is that I speak to both, and explain that DH never received the claim. There is no suggestion that we wouldn't be pursued for any outstanding money - just be nice to know what it is for! Grin

If money is owing we will happily settle the debt - but all we know about it is an amount from the debt collection agency, who I would have thought have to provide us with more detail - like who we owe and what for!

Show quote history

Good luck! It must be stressful for you. I hope it gets sorted

Original poster
ajandjjmum · 21/02/2023 21:08

It's just a pain that I was told an hour or so ago, when DS got the text through from his lodger - and of course, everything is shut here so I can't do anything until the morning!

OP posts:
Fitbachick · 21/02/2023 21:32

If you get a copy of your credit file from the likes of experian then it should show on there what the ccj is for. It could turn out to be a fraudulent transaction done by someone in your DH’s name. Check over the whole file and make sure that all credit cards for example do belong to your DH.
You can access this info online. So you would get it tonight.

Cococomellonn · 22/02/2023 14:01

@BlüeöysterCunt

Yes, as Op says, I was not saying the debt collectors would not pursue for the money. I meant they may not help to set aside the judgment in which case OP should call the court.

I am a litigation lawyer but may not have been clear 😁

disclaimer - nothing I post on Mumsnet should be taken as legal advice 🤓

BlüeöysterCunt · 22/02/2023 15:49

Cococomellonn · 22/02/2023 14:01

@BlüeöysterCunt

Yes, as Op says, I was not saying the debt collectors would not pursue for the money. I meant they may not help to set aside the judgment in which case OP should call the court.

I am a litigation lawyer but may not have been clear 😁

disclaimer - nothing I post on Mumsnet should be taken as legal advice 🤓

No I think my reading skills are lacking 🫣

Original poster
ajandjjmum · 23/02/2023 10:43

An incredible update - can't believe this can happen.

Essentially fraud - nothing to do with us at all - but the only way to get the CCJ removed is to pay the £1,200+.

Someone with my DH's name took out a phone contract with BT in July 2016 - DH's name is along the lines of Ben Smith. They ran up a bill of around £900 and never paid anything. Passed to debt collectors, who tried to get the payment from two other 'Ben Smiths' at different addresses, and eventually contacted DH at DS's address, because at that time, he was on DS's mortgage.

We received no communication whatsoever - nothing - no demand nor a notice of legal action. The first we knew of any problem was the CCJ arriving a couple of days ago.

Having wasted several hours on the phone to both the Court and the Solicitors (Overdales), there is no-one who can help.

Be grateful for any thoughts/experience on anything similar.

OP posts:
Fitbachick · 23/02/2023 10:54

Similar happened to me, i had to contact the company and they sent paperwork out to me for me to fill in and they put all the paperwork to their fraud department it came back confirming that it was not my debt and the company had to recall the paperwork from the debt collectors and remove everything from my credit file. The paperwork i had to complete asked for employment details etc which showed that the person who took out the credit card in my case had gave wrong date of birth and different employment details to me but they were using my name to run up debt on and my previous address.
I had no letters etc same as in your DHs case and knew nothing until i tried to get a mortgage to purchase a new build property which i had been waiting for for a couple of years and got refused and lost the house. I was fuming.
You can put a complaint into the company disputing this and if they will not deal with it you can go to the Financial Ombudsman to investigate. As you most definitely should not pay the debt as it is not your DHs.

SpringofJoy · 23/02/2023 11:02

Of course you shouldn't pay the debt of a stranger! You need to contact BT and the debt collectors to explain.

DatasCat · 23/02/2023 11:06

ajandjjmum · 23/02/2023 10:43

An incredible update - can't believe this can happen.

Essentially fraud - nothing to do with us at all - but the only way to get the CCJ removed is to pay the £1,200+.

Someone with my DH's name took out a phone contract with BT in July 2016 - DH's name is along the lines of Ben Smith. They ran up a bill of around £900 and never paid anything. Passed to debt collectors, who tried to get the payment from two other 'Ben Smiths' at different addresses, and eventually contacted DH at DS's address, because at that time, he was on DS's mortgage.

We received no communication whatsoever - nothing - no demand nor a notice of legal action. The first we knew of any problem was the CCJ arriving a couple of days ago.

Having wasted several hours on the phone to both the Court and the Solicitors (Overdales), there is no-one who can help.

Be grateful for any thoughts/experience on anything similar.

Contact Katie Morley at the Telegraph. This sort of thing is right up her alley.

KonTikki · 23/02/2023 11:09

I left BT after they put CCJ plus Bailiffs on myself for a debt whilst I was abroad for 8 months and knew nothing about.
The quickest and easiest remedy for me was to pay everyone off, then moved my provider to TalkTalk.
No more problems, and my credit rating is fine.

toastofthetown · 23/02/2023 11:14

We had similar, though I can’t remember if it got to CCJ stage. It was never on DH’a credit file. Someone with DH’s name and birthday had an unpaid rail fine and a check on DVLA system led them to our address. The debt collection agency put the bailiffs on hold while they investigated and they concluded it was the wrong person and they stopped pursuing. He were never held liable for paying the debt, as it was never his.