Join in the chat
Post a Reply | Back to Forum
Ignoring a CCJ and bank dents - Michael 2019-03-12 23:49:51
Hi, I've just received a bunch of letters from my old flat dating over a period of a year. My neighbour just got a cleaning job with my old landlady and mentioned she lived above me so was given a ton of mail. In order they go from Vodafone to solicitors to debt collection to county court then a ccj against me demanding £100 a month for 12 months. I'm barely scraping by on benefits so I don't want to pay, I've pawned anything in of value of what could they actually do if there's nothing to take?

BTW the the debit card used to get the phone contract with Vodafone had been stolen so it wasn't even me. Apparently it was all done online and the phone picked up from carphone warehouse using £1 on Mt debit. Now the ccj has been awarded against me I can't do anything about it. I've never even had any credit in my life I'm 42 and always stayed away from debt, now I'm sinking!

Also something else my old bank, Santander, say I owe them a grand built up from a £9.30 unauthorised overdraft. When it happened I'd already been telling them to shut my account for months so wasn't using it. The online company the money went to say it bounced so an unauthorised overdraft never happened. It was an accident my card with others was still attached to PayPal. Santander have been charging me every month for over a year until £9 has risen to £1178 and this letter is 3 months old so will be more now. Can they get this debt sent to county court as well?

Thanks

Replies
   
Re: Ignoring a CCJ and bank dents - Jane 2019-03-13 13:23:19
Hello Michael
I am sorry to hear all this but there are several points here - one you are saying that fraud was committed but you were not aware so you obviously never used the phone. You can ask for the judgment to be overturned but it will cost to do this and unless it is, it will remain on your credit report for 6 years from when it was granted. National Debtline have a factsheet on setting aside county court judgments at www.nationaldebtline.org It is factsheet No 12.

With regard to the bank account with Santander you need to write to them explaining the situation as yes, creditors can go for a county court judgment if they have followed the correct procedures and sent everything to your last known address.

If you have more debt and no assets you could look at other options such as insolvency in the form of a debt relief order if your debts total less than £20,000. Your debts so far total £2378 from what you are saying.

It is difficult to prove fraud and how was the perpetrator paying for the telephone if the original direct debt bounced? You need to do some more investigation.

Payplan could look at the situation for you but is not in a position to investigate fraud so you would do better perhaps to see some face to face advice from your local Citizens Advice and see your documentation.

I am sorry I cannot answer your question more fully.

Name*

Email

Confirm Email

Message*