CCJ for the wrong person?
Discussion
My son phoned me today. He an enforcement company chasing him for £700 as a result of him being taken to court in March by the council for unpaid council tax. He thought this a bit odd, as he didn't and hadn't owed any, it was all paid up to date.
After a lot of 'we can't tell you any detail because of data protection' it turned out the debt related to a property I owned, not him. He had never lived there!
I spoke to the council who had him down as the owner, and his contact address an old one of his from 5 years ago. Having checked the land registry, and discovering I was the owner they cancelled the collection agent and reissued the bill to me (1 month gap from between tenants). No problem.
Question is, will my son have a CCJ against him? He's checked his credit record, and one isn't showing. Do CCJs issued in error show or do they get removed?
After a lot of 'we can't tell you any detail because of data protection' it turned out the debt related to a property I owned, not him. He had never lived there!
I spoke to the council who had him down as the owner, and his contact address an old one of his from 5 years ago. Having checked the land registry, and discovering I was the owner they cancelled the collection agent and reissued the bill to me (1 month gap from between tenants). No problem.
Question is, will my son have a CCJ against him? He's checked his credit record, and one isn't showing. Do CCJs issued in error show or do they get removed?
Sarnie said:
He needs to take it up with the county court it was registered at........a standard CCJ that is paid in 30 days of issue can be removed so no reason one issued in error can't be.....as long as you have the paperwork to confirm..............
The court action was in March, apparently. Today was the first he'd heard of it.I had a similar (ish) issue a couple of years back. Had vacated a rental property half way through the council tax year, informed the council, but somewhere along the lines there was a communication issue.
I heard nothing until about a year later when an enforcement type arrived on my doorstep threatening prison and all manner of horrible things for non payment of council tax, unless I could immediately make full payment.
I called the relevant council whilst the guy was still stood on the doorstep, they rectified the error and said the enforcement company would be informed immediately. Told the guy this and he buggered off without even checking. Admittedly he didn't have any signal on his tablet to check for updates, but I was amazed at how easily I made him disappear, I could have been on the phone to anybody for all he knew.
I had ended up, completely unaware, with a CCJ on my file but it was removed at once due to the error. So if it's a genuine mistake, and I'm sure it is - your son should be able to get it removed without much hassle.
I heard nothing until about a year later when an enforcement type arrived on my doorstep threatening prison and all manner of horrible things for non payment of council tax, unless I could immediately make full payment.
I called the relevant council whilst the guy was still stood on the doorstep, they rectified the error and said the enforcement company would be informed immediately. Told the guy this and he buggered off without even checking. Admittedly he didn't have any signal on his tablet to check for updates, but I was amazed at how easily I made him disappear, I could have been on the phone to anybody for all he knew.
I had ended up, completely unaware, with a CCJ on my file but it was removed at once due to the error. So if it's a genuine mistake, and I'm sure it is - your son should be able to get it removed without much hassle.
stablemate said:
I had a similar (ish) issue a couple of years back. Had vacated a rental property half way through the council tax year, informed the council, but somewhere along the lines there was a communication issue.
I heard nothing until about a year later when an enforcement type arrived on my doorstep threatening prison and all manner of horrible things for non payment of council tax, unless I could immediately make full payment.
I called the relevant council whilst the guy was still stood on the doorstep, they rectified the error and said the enforcement company would be informed immediately. Told the guy this and he buggered off without even checking. Admittedly he didn't have any signal on his tablet to check for updates, but I was amazed at how easily I made him disappear, I could have been on the phone to anybody for all he knew.
I had ended up, completely unaware, with a CCJ on my file but it was removed at once due to the error. So if it's a genuine mistake, and I'm sure it is - your son should be able to get it removed without much hassle.
Cheers, sounds exactly like my sons situation. I heard nothing until about a year later when an enforcement type arrived on my doorstep threatening prison and all manner of horrible things for non payment of council tax, unless I could immediately make full payment.
I called the relevant council whilst the guy was still stood on the doorstep, they rectified the error and said the enforcement company would be informed immediately. Told the guy this and he buggered off without even checking. Admittedly he didn't have any signal on his tablet to check for updates, but I was amazed at how easily I made him disappear, I could have been on the phone to anybody for all he knew.
I had ended up, completely unaware, with a CCJ on my file but it was removed at once due to the error. So if it's a genuine mistake, and I'm sure it is - your son should be able to get it removed without much hassle.
eldar said:
Cheers, sounds exactly like my sons situation.
Hope your son gets sorted out as easily as I did.Forgot a small part of the ordeal, when I called the council not only did they rectify the mistake and stop enforcement but also worked out that I was something like £25 in credit. Having moved areas they simply put this back into my bank a couple of weeks later. Not a fortune but always handy!
Correct me if I'm wrong, but AFAIK a CCJ can't be "removed" if the 28 days has expired. It stays on file for 6 years, although the file can be marked "satisfied".
Alternatively an application has to be made to the court which can use its discretion to "set aside the judgment" if it thinks the original judgment was based on an error. This fully deletes a CCJ as if it never existed at all.
Alternatively an application has to be made to the court which can use its discretion to "set aside the judgment" if it thinks the original judgment was based on an error. This fully deletes a CCJ as if it never existed at all.
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