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The Guardian - UK
The Guardian - UK
Business
Anna Tims

A county court judgment that I didn’t know about has cost me dearly

STATUE HOLDING SCALES OF JUSTICE
It is a sinister fact that you can be tried in a court and found guilty without knowing a thing about it. Photograph: Stephen Hird/Reuters

I realised yesterday that I have a mystery county court judgment against me.

The matter relates to a rented address that I left in 2006. I called the company which had brought the case on behalf of a bank nearly three years ago, and they realised that my date of birth did not match the one they had on file, and that the CCJ has been filed against the wrong person.

I have never had any credit card or account with the bank in question.

Last year I applied for a mortgage and was not aware this judgment was adversely affecting the credit available to me. I reckon that this judgment has therefore cost me about £4,500, because my affected credit rating disqualified me from the best loan rates. RG London

It’s a sinister fact that you can be tried in a court and found guilty without knowing a thing about it – and you are not the first reader to contact me about it.

The surprise is that this didn’t come to light sooner, since an outstanding CCJ would affect any application for financial services or even a mobile phone contract, and it sounds as though you have good cause to apply to the court to have the judgment set aside and to apply for costs.

According to HM Courts & Tribunals Service, courts require all parties in a case to be notified of proceedings using their last known address, and it’s up to claimants to ensure that these details are correct. “There are in excess of 1.1m money claims received in the courts in England and Wales every year,” says a spokesperson. “It would be impossible for courts to verify address details in every case.”

It’s therefore essential to make sure your public records, such as your address, are kept up to date and that all post is redirected if you move. In your case, your address details were six years out of date and your birth date wrong, so it looks like extreme negligence on the part of the claimant.

You must make sure you contest the judgment as soon as possible via the county court that heard the case, and work out what the mistake has cost you in poor credit ratings.

If you need help email Anna Tims at your.problems@observer.co.uk or write to Your Problems, The Observer, Kings Place, 90 York Way, London N1 9GU. Include an address and phone number.

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