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

[ajandjjmum]

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.

I'm not sure why the update you made makes you think you have to pay the debt.
I had a judgement against me for not paying a bridge crossing debt. It was on a car I had sold and I didn't know of the bridge.
I made an application to have the judgement said aside out of time explaining I couldn't do it any sooner as I had no idea of the debt which wasn't mine.
I was really ill at the time- hidious cold/ flu. Had to write it while delirious as the only way the collections agency would back off was proof of the set aside application being made.
I supplied:
-evidence of my address at the time showing where I lived on what dates so to prove I couldn't have received the correspondence.
-evidence of what cars I owned when
-statement that I had checked my electronic calendar and I was in the office at the time writing a court statement (completely unrelated court work and I'm not a lawyer)
-Also statement showing that I was a law abiding citizen.

So you could submit something evidencing its not your debt. Like you didn't live at the address proof that the phone number was for, proof x was your phone number at the time if you had a landline, evidence of not living at the correspondence address and it being rented out and you not being on the mortgage at that stage.

Phone calls mean absolutely nothing. You need to follow the link people have included and send a copy to the agency showing you are appealing.

I will obviously be appealing, but am horrified that by the debt collection people not doing their job properly, the minimum that it will cost me is £275 as the 'set aside' application.

To pay the full debt is the only way of ensuring that the mark would be immediately wiped from our record.

Thank you for the list of 'evidence' that you included @Eas1lyd1stracted , it gives me a basis to start on, although it is rather difficult to prove that you never used a certain mobile phone!

Currently coping with breast cancer and I really don't have the time nor energy for crap like this, from an organisation who are jeopardizing our excellent credit rating because they have failed in their basic due diligence.

Grateful to those of you giving advice.

Unfortunately as the first thing we knew of the apparent 'debt' was receipt of the CCJ. No previous demands nor notification of court action.

I can't believe that I have to put it right, and that it isn't the responsibility of the (failing) solicitor for not doing their job properly, as they clearly accepted in my phone call this morning that it was fraudulent.

We sent mortgage statements and council tax bills to the debt collector to prove where we’d lived both at the time of the offence and at the time of notice, and scans of passport and driving licence. Though as you said above, we wondered if that would be enough as it’s almost impossible to prove you had no connection to the address involved. A fault on the part of their faulty tracing shouldn’t result in financial loss for you. We were actually compensated by the debt collection agency. Can you ask to be escalated to someone else at the debt collection agency? It took several people before we spoke to someone who actually seemed to believe what what DH was saying (everyone else seemed to think it was an impossibility that two people born on the same day could have the same (very common) name).

Oh it's a mobile? Evidence if using another mobile should help. If you have the money it might be worth paying someone and asking for an award for costs. Don't know how likely it is costs would be awarded though. That really us unfair. My decision was easy as I had no money to pay anyone in the 1st place 😂 but I remember it being an awful time. Good luck with it and sounds like the last thing you need!

I think even if you have to pay for set aside I would take bt to small claims court for not operating due diligence and claim back the fees. I had a similar thing but much more complicated in how I was duped . Took me a while to sort out .

OP. You do not have to pay this. I had a very similar situation and used these solicitors www.masonbullock.co.uk/how-much-does-it-cost-to-set-aside-a-default-judgment/ to apply to set aside the CCJ.

I did have to pay solicitors costs upfront but the judge made an Order that the other side had to settle my costs, so I got all of the money back afterwards.

Even if you settle the original CCJ this will not result in this being removed unless it is paid within a month of the date of the original judgment.

@StPaulandTheBrokenBones Thank you for that contact. I have emailed the information through, and hopefully they will advise on the best way forward.

Quite happy to pay, as long as I get the money back.

Just don't feel up to battling through myself at the moment, so it would be ideal for someone else to follow it through on our behalf.

No problem at all. Just to reassure you here is their Trustpilot page uk.trustpilot.com/review/masonbullock.co.uk

I’m a Legal Executive but in a totally different type of law so when I was looking for a firm to help me I did as much research as possible.

FYI CCJs are registered here www.trustonline.org.uk/. Once the CCJ had been set aside you have to wait for a few weeks for it to be removed. I checked my credit report and Trust Online as well, to make sure it was gone.

Get an appointment with CAB or your local debt advice charity. They should be able to help you.