Identity Theft Fraud Theft, lead to CCJ and Charge register on my Joint property

[simplyupset]

I recently noticed that there were two charges registered on the property I co-owned with my ex partner. This property has been tenanted for almost 12 years and in that time, some the letters sent to the address, did not come to my attention.
We have both informed the police years back about this theft of information and I was told then, that I am not liable for any fraud.
The few that didn’t slip through me had been successfully dealt with as I received the court hearing date and attended.
During one of the court hearing with one of the Banks, the Judge requested that the Creditor provided their proof and evidences that I obtained the credit cards, loans and eventually it was resolved in my favour. However these two particular illegitimate charges had already been established behind my back, without my knowledge or consent.
I was going to be using a solicitor before, but their leagal charges are beyond my means and I was told that I could seek some guidance from here and try the removal of the charges myself.
Please help anyone.
My credit has been ruined and just picking up my life back now, these companies have sold it on and I have been through depression and back over this matter.

[Amethyst]

Re: Identity Theft Fraud Theft, lead to CCJ and Charge register on my Joint property

Gosh what an utter nightmare.

So the two charges on your property what companies are they for? To get a charge they must either be secured lending or from a CCJ with permission to get a charging order. Does your credit file show any CCJ's?

Also is your property still tenanted and was it the tenants who originally perpetuated the fraud or outsiders?

[bluebottle]

Re: Identity Theft Fraud Theft, lead to CCJ and Charge register on my Joint property

Simplyupset,

If you are on limited means, you might wish to contact the National Pro Bono Centre who act as a clearing house for the pro bono legal charities.

[Kati]

Re: Identity Theft Fraud Theft, lead to CCJ and Charge register on my Joint property

Simplyupset,

If you are on limited means, you might wish to contact the National Pro Bono Centre who act as a clearing house for the pro bono legal charities.

http://www.nationalprobonocentre.org.uk/ :tinysmile_twink_t2:

[simplyupset]

Re: Identity Theft Fraud Theft, lead to CCJ and Charge register on my Joint property

http://www.nationalprobonocentre.org.uk/ :tinysmile_twink_t2:

Thank you! I need all the help I can get. I am on limited means and
I am just getting stronger enough to deal with the depression and this nightmare has caused me.
I will contact them. Many thanks..

[simplyupset]

Re: Identity Theft Fraud Theft, lead to CCJ and Charge register on my Joint property

Gosh what an utter nightmare.

So the two charges on your property what companies are they for? To get a charge they must either be secured lending or from a CCJ with permission to get a charging order. Does your credit file show any CCJ's?

Also is your property still tenanted and was it the tenants who originally perpetuated the fraud or outsiders?

I still dont know if its was a secured loan/credit card but it has appeared on the TItle Deed of the property. Restrictions are by: Link Financial and Sainsbury's Bank Plc. There were tennants there at the time but different tennants live there now. We think it may be the tennants then or a Criminal network but I knew of this problem, after CCJ and Charges has been registered. When police were informed, they only gave me Police Report/refrence Number and they dint think they could do much at the time because of the time inbetween. They also think the banks were liable, but the associated cost to get help is destroying me every day and it has not been very simple as they said. If I had known about the court dates, I would have appeared in court and resolve it like I did one of them, but I didnt receive warning or letter about the court hearing dates, hence they were able to register the CCJ on my name. Yes, my Credit file Shows CCJ.

[Debt Camel]

Re: Identity Theft Fraud Theft, lead to CCJ and Charge register on my Joint property

One CCJ or two?

I think you need to apply to the county court to set aside the CCJ(s) on the grounds that you never received the papers, there was identity theft so you have got a good case to defend a CCJ application, and mental health problems have prevented you from dealing with this earlier.

In your application (form N244) include details of the CCJ aopplications you successfully defended and provide as much evidence of mental health problems as possible (e.g letter from doctor, hospital / clinic appointments, copies of prescriptions)

[Amethyst]

Re: Identity Theft Fraud Theft, lead to CCJ and Charge register on my Joint property

Okay how long have you known about the CCJ ?

You'd need to apply to have it set aside and the charge removed from the property. Have you asked for any information from Link Financial or Sainsbury's ?


(sorry crossed posts with Debt Camel)

[enquirer]

Re: Identity Theft Fraud Theft, lead to CCJ and Charge register on my Joint property

Contact the Land Registry. Inform them that the charges are unfounded and fraudulent. They will advise on the necessary forms to challenge these.

[simplyupset]

Re: Identity Theft Fraud Theft, lead to CCJ and Charge register on my Joint property

One CCJ or two?

I think you need to apply to the county court to set aside the CCJ(s) on the grounds that you never received the papers, there was identity theft so you have got a good case to defend a CCJ application, and mental health problems have prevented you from dealing with this earlier.

In your application (form N244) include details of the CCJ aopplications you successfully defended and provide as much evidence of mental health problems as possible (e.g letter from doctor, hospital / clinic appointments, copies of prescriptions)

Thank you all for your support, I just felt for once in my life that people here are caring and helpful!

I am trying to set the CCJ(s) aside before contacting the land Registry again as the Land registry only followed Court orders, so even my Partner had once contacted them about his interest in the property and that it was a fraudulent applications, Land registry did nothing. One of my main problems is the cost of setting CCJ aside is £280 per a case, and mine are two cases, which is so unaffordable as I am on a low income. It is so depressing that they put these charges without informing me and there are no simple ways of resolving it without paying huge amount of money to the Court to set it aside. It is just pure evil and everytime that I am trying to get the energy to do something about it, the whole process seems so doomed and just start chipping my life away all over...But the interest is pilling up, all my clean credits has been completely affected and destroyed, the illegitimate debts letter keep coming through and it has been nothing but hell.
I will get all the letters together as you have advised and start this new process. I will also contact the National Pro Bomo center as advised by all, to see how they can be of help too.

[Amethyst]

Re: Identity Theft Fraud Theft, lead to CCJ and Charge register on my Joint property

Setting-aside a CCJ should only be £155 application fee (with a hearing) or £50 (without a hearing) and fee remission may be available dependent on income/benefits (although with the asset of the tenanted property that is unlikely)

Also when the charge was put on the property you should have been notified by the land registry ? It would initially have been an interim charge and then a final charge at a hearing. Presumably those letters disappeared with the rest of the letters that arrived at the tenanted property.

Do you have crime reference number for the ID fraud?

[simplyupset]

Re: Identity Theft Fraud Theft, lead to CCJ and Charge register on my Joint property

Land Registry only follows Court orders. So they wont help at all.
They already have a letter informing them about the Fraud but it is of no interet to them at all.
They dont care about individual issue as Court overides any opinion, which I think they may be right to do so?

[Amethyst]

Re: Identity Theft Fraud Theft, lead to CCJ and Charge register on my Joint property

Indeed. If there are CCJ's against you and the judgment holders applied for charging orders and those then submitted to the LR that's that until challenged.

A set aside application shouldn't be too complicated and we can help you do it yourself if you wish to.

Here's a basic guide to a set aside application - obviously theres a bit more complexity with the charging orders and the length of time (though I'm not entirely sure how long ago the CCJ's were awarded?) http://www.legalbeagles.info/forums/...plicaton-notes


In addition you should send Subject Access Requests to Link Financial and to Sainsbury's - this will cost you £10 for each application and will / should get you any documents they hold about you. I'll get you a link to that too http://www.legalbeagles.info/forums/...735#post431735


If you need help with letters we're always happy to go through any drafts and make sure they are right before sending.

[simplyupset]

Re: Identity Theft Fraud Theft, lead to CCJ and Charge register on my Joint property

Oh thank you so much for that, I must have written down wrong informations. The fee is lesser than I thought. I would prefer to do the hearing (£155) once I am able to raise the money eventually, so I can present al the informations to the court in person.

[simplyupset]

Re: Identity Theft Fraud Theft, lead to CCJ and Charge register on my Joint property

The debt was sold on to Link Financial before I even knew about it, so they are not intereted in helping me at all. All they want is money. Sainsbury has also been informed that it was a fraudulent transaction too, but since the charge was already in place, they are not interested in helping me either. During one of the CCJ(s) hearing that I fortunately attended, the bank was so ruthless, that they tried to cover up their neglects and if it wasnt that the Senior Judge requested for all the proofs of IDentifications etc used, they were pushing to make me responsible. Which was the most scary! Even after, I won, I went into worse depression from the traumatic experience that I went through in court. These type of traumatic experiences should not be allowed to be going in our Country except if I am alone on this. I had the Police report, I had the proof that I was not residing in the property but the Bank tried to hold me responsible for it without any tangible evidences (CCTV, Authentic ID, Finger Prints-Nothing) , regardless and it will be anybody's worst nightmare. If it wasnt for the God sent Judge that requested them to go and bring all the informations, I will have been held responsible for something I know nothing about