CCJ - received in error. What next?

CCJ - received in error. What next?

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anonymous-user

Original Poster:

53 months

Saturday 24th June 2017
quotequote all
Hello all,

To cut a long story short I had a minor cosmetic operation at company A's hospital and paid the bill in full two years ago then moved house.

Somehow company B's hospital then billed me for the same work a few months later after I'd moved house.

I knew nothing about this until two years later when Firstly I was refused credit several times which has caused me some personal woes and secondly a while after the credit was being refused I got a solicitors letter telling me I had a CCJ and now had a court order to sell my house to recover the debt.

Anyway company B has admitted their error (actually they haven't they have just that in light of the receipt I sent them they won't be pursuing the case - an apology would have been nice) and now the solicitor is going through the courts again to get the CCJ removed.

Where this leaves me now is:
1 - the CCJ is still on my file and will be for a while yet
2 - I have several records now showing refused credit on my file that can never be removed
3 - I am at a loss as to how the two companies shared my data. I think the dr who did the private operation on me must have got confused and billed the work in two places but I don't know I'm guessing as everyone says I must talk to their solicitor and the solicitor just states they are not pursuing the case further

All in all a simple explanation and apology would do me but it's the fact I'm being treated as guilt and they are doing me a favour by not pursuing it any further that is brassing me off.

I have asked a solicitor what to do and effectively it was grin and bear it. But I have had financial loss from this and due to the refused credit on my file it may affect me in the future. Moreover I think I should take up the data protection issue here as my personal details have been shared and taken through the courts etc

What should I do? Grin and bear it? Tia for your help

Amused2death

2,491 posts

195 months

Saturday 24th June 2017
quotequote all
Surely the first thing to do would be to get it "Set aside"?

The other party may not be persuing it but the judgement still exists even if no action is taken to enforce it.

ChrisNic

592 posts

145 months

Saturday 24th June 2017
quotequote all
The credit searches completed before you were aware of the CCJ won't show as a fail they will simply show as a search.

Multiple searches over a short period of time isn't seen as a good thing (would you want to be the last friend a mate asks to borrow money from??) but time is a healer.

How many searches did you complete, over what period, how long ago?

glasgow mega snake

1,853 posts

83 months

Saturday 24th June 2017
quotequote all
I've been through this (parking ticket).

You need to have the judgement set aside - to do this you need to request this promptly after becoming aware of the ccj. Setting aside the judgement will 'restart' the case and then, since you say the company that mistakenly billed you is not pursuing anything, or should be a simple matter to have the case dropped/struck out.

Proof from
The court that the judgement has been set aside can be provided to credit referencing agencies who ought to be able to rectify your credit record.

anonymous-user

Original Poster:

53 months

Saturday 24th June 2017
quotequote all
Hi all. Thanks for your replies.

Sorry I should have said that I have already applied for it to be set aside. When I said " what next" it was really in the context of my losses - about £4000 so far - and the data protection issue. Should I just forget them or should I pursue them through the hospital and data protection agency? Any thoughts?

Thank you all

anonymous-user

Original Poster:

53 months

Saturday 24th June 2017
quotequote all
ChrisNic said:
The credit searches completed before you were aware of the CCJ won't show as a fail they will simply show as a search.

Multiple searches over a short period of time isn't seen as a good thing (would you want to be the last friend a mate asks to borrow money from??) but time is a healer.

How many searches did you complete, over what period, how long ago?
Point 1 - great news ty.
Point 3 - when I first got turned down I was incredulous so tried 3 other lenders all with an immediate rejection. I have 30 years of good credit behind me. Never missed any payments and use credit a lot for business and personal uses so this sudden lack of credit is a big issue for me.

Ty for replying.

anonymous-user

Original Poster:

53 months

Saturday 24th June 2017
quotequote all
glasgow mega snake said:
Proof from
The court that the judgement has been set aside can be provided to credit referencing agencies who ought to be able to rectify your credit record.
Do you know if this happens automatically by the court or do I have to wait for some paperwork from the court and then approach the credit agencies myself?

glasgow mega snake

1,853 posts

83 months

Saturday 24th June 2017
quotequote all
Having a judgement set aside just 'resets' the case to the beggining again and gives you the opportunity to defend it, in your case you couldn't do that because the 'creditor' used the wrong address. If you can get the people bringing the case to tell the court they just want to drop it, you might be able to do it af the same time, I really don't know though...

You can ask for costs when you request the thing being set aside, I think, but I don't know whether anything beyond costs associated with having it set aside/struck out can be awarded...

Sarnie

8,025 posts

208 months

Sunday 25th June 2017
quotequote all
MikeStroud said:
Hi all. Thanks for your replies.

Sorry I should have said that I have already applied for it to be set aside. When I said " what next" it was really in the context of my losses - about £4000 so far - and the data protection issue. Should I just forget them or should I pursue them through the hospital and data protection agency? Any thoughts?

Thank you all
What are the £4000 loses from?

anonymous-user

Original Poster:

53 months

Monday 26th June 2017
quotequote all
Losses are from work I couldn't do because I couldn't fund materials etc

Countdown

39,691 posts

195 months

Monday 26th June 2017
quotequote all
MikeStroud said:
Losses are from work I couldn't do because I couldn't fund materials etc
How would you go about proving that you lost £4k net profits?

MCOL would probably be your best bet btw

anonymous-user

Original Poster:

53 months

Wednesday 28th June 2017
quotequote all
Countdown said:
How would you go about proving that you lost £4k net profits?

MCOL would probably be your best bet btw
I agree and therein lies my frustration; I doubt I have any real claim even though I have lost and am suffering still.

mcflurry

9,079 posts

252 months

Friday 30th June 2017
quotequote all
I think it would be difficult to claim for the consequential losses, unless you can link it all directly.
Good luck smile

Countdown

39,691 posts

195 months

Friday 30th June 2017
quotequote all
A self employed builder I know attempted to claim loss of earnings when his van was written off. He claimed £2000 for 2 weeks because that's what he said he made (£200 per day). All well and good until the insurance company asked him to provide evidence of his tax returns over the last 3 years...... boxedin