Question regarding a CCJ

[red997]

trying to help a friend out here:

many years ago Severn Trent Water issued court proceedings to recover a debt for non payment of a water bill.
The bill was in two names, friend plus her husband.

The bill in question was for a period in 2013

The bill was for the marital home

Friend left her husband 2012, divorce proceedings pending.

She applied to the court for the judgement against her to be set aside, as she was not living there at the time.

23/09/13, upon hearing the defendants case set aside the judgement against her.
27/09/13, General form of Judgement or Order produced stating:

1. Judgement against second defendant (friend) set aside
2. Claim against second Defendant struck out. unless the Claimants notifies the Court by 4th October 2013 of its intention to pursue the same.

No other correspondence was received either by the court or the defendant (friend)

on checking:
Experian
Clearscore
both show NO CCJ listed against her

however, Callcredit does show a CCJ;
How can one show this and not the others ?

I'm not familiar with the legal terminology
From my reading it looks like the CCJ shouldn't be there ?
open to comments from our more learned colleagues on here
thanks!

[E36GUY]

Dealing with something similar at the moment.

If it was set aside and there was no contest from the claimant then yes, the CCJ should be expunged from the credit reference agencies' records.

But if it was only set aside from one of the defendants, it will still show against the other.

[red997]

so if the 'other' defendant had the CCJ registered by the court against him, it could be on her credit history file, despite the claim against her struck out ?

[Eddieslofart]

Yes, it will show her associated for a number of years, and the address association.

[red997]

OK - we ran a search on the registry of judgements against the details on the original court docs (to ensure consistency)
came back as 'nothing registered'
Any way to get this association removed, as its causing issues for her?
Any point in sending the report to CallCredit on the hope that they will ideally remove the association ?

other suggestions most welcome !

[4x4Tyke]

Contact the agency in question and give them the details of the judgement being set aside.

It should be removed entirely from the file.

[red997]

Agency - as in CallCredit ?

(sorry for the potentially dumbass question, I've not had any dealings with these agencies before)

She has court paperwork that clearly states that the judgement has been set aside.

[hurstg01]

Sounds lie CallCredit need to update their files.....

[4x4Tyke]

red997 said:

Agency - as in CallCredit ?

(sorry for the potentially dumbass question, I've not had any dealings with these agencies before)

She has court paperwork that clearly states that the judgement has been set aside.

Yes, the credit reference agencies are very clued up on their data protection obligations compared to most companies that simply don't have a clue. In this case to hold accurate information. Tell her to call them, explain and provide the details, they will check it out and fix the file.

https://www.callcredit.co.uk/contact-us/consumer-e...