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CCJ advice please!

Last post Fri, Oct 15 2010, 9:09 PM by sasanddave. 3 replies.
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  •  Fri, Oct 15 2010, 9:09 PM

    Re: CCJ advice please!

    Thankyou very much for the advise and apologies for not replying sooner.

    I have spoken to the black horse, they are sending me a copy of the original agreement and I am also sending them a copy of my signature for them to decide if it was mine on the original agreement.

    I have spoken to my ex and he denies all knowledge of any of it, so not much chance of him coming to an arrangement with them to pay up.

    I have also sent the forms off to the court so I will let you know what happens next!

    Sarah

    • Post Points: 5
  •  Tue, Oct 12 2010, 8:29 AM

    Re: CCJ advice please!

    Go here and download or fill in the form on-screen > http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

    You are the defendant.

    At 3 write: I apply for an order that the judgement of (date of CCJ) be set aside because the defendant was not resident at the service address as was therefore unable to defend the claim.

    Do not answer 4

    At 5 tick ‘at hearing’

    Leave 6 & 7 blank

    8 answer District Judge

    9 name address of Black Horse and solicitors if applicable

    10 ‘attached witness statement’

    Sign off and send (unfortunately there is a charge for this application of £75)

    Your witness statement should explain that you did not receive the claim or CCJ until (whatever the date was) because you were not at the service address at that time and that you have no knowledge of the original loan or how it became defaulted and due. Sign the statement off with the standard ‘statement of truth’.

    Take or send ‘signed for’ to the court a.s.a.p. Phone the court after 2 to 3 days to ensure it has been lodged on the file. A judge will look at it a set a date for a hearing. When that happens get back to us to help prepare your case.

    • Post Points: 20
  •  Mon, Oct 11 2010, 10:37 PM

    Re: CCJ advice please!

    sasanddave:

    What do I do now? The court said I could apply for the county court judgement to be set aside but what does this actually mean? Who do speak to to say that I didnt sign for this loan in the first place? (i assume he has forged my signiture) And how would I prove that?

    The judgement could possibly end up on your credit file so, in my opinion, it is worth getting it set aside even if you are not yet being asked to pay. To do this, you need to ask the court for the form to set aside a judgement on the grounds that you did not receive the summons with details of the hearing and, because of this, you were unable to attend and state your case. The judgement will stand until you have returned this form and it has been processed.

    After the judgement has been set aside, a number of things could happen. It is possible that it will go to court again or it is possible that an arrangement will have been made with your ex which could make this unnecessary. You should contact the creditor, Black Horse, and explain the situation regarding you not being aware (until recently) of or having applied for this loan. If Black Horse accept this, they should not bother you further but it is important that you give them your correct address so that, if it does go back to court with your name, you will get the details of the hearing and you can go to court, put your case and let the magistrate decide.

    As this is a matter that is likely to go to court again, it would be worth putting your communications in writing and keeping copies (rather than phoning) so that you will have something to take to court.

    • Post Points: 5
  •  Mon, Oct 11 2010, 9:42 PM

    CCJ advice please!

    Hi everyone, im looking for some advice about a CCJ i received last week, against my ex husband and myself. (our divorce finalised in july) It was sent to our old address and forwarded on to my by the landlord (3 months after it was sent!) All the letter says is that there is a county court judgement being passed to our local court. My ex is the first defendant, the debt is with Black Horse Finance.

    I spoke to the local court as no info on the letter. They explained that there was a loan taken out in april 2008, i did not take this loan out with my ex, did not sign for it and have known nothing about it, so the letter was totally out of the blue.

    The total amount owed is just over £6500, the court suggested that the loan was probably for around £5000, however with all the charges and interest this is the amount they are looking for.

    I left him in october last year, and assume this is when he stopped making repayments and this has led to the county court judgement, i had never seen any paperwork or anything of that nature for the black horse.

    I have spoken to him he has not exactly been forthcoming with any info about it, we split on bad terms.

    The court/black horse aernt looking for me yet as he is the first defendant, they have contacted him, tried to do an attatchment of earnings order, however he gave them a incorrect address, the court then added another £100 to the debt. He is currently unemployed, i work full time.

    What do I do now? The court said I could apply for the county court judgement to be set aside but what does this actually mean? Who do speak to to say that I didnt sign for this loan in the first place? (i assume he has forged my signiture) And how would I prove that?

    Any advice would be greatly appreciated, as i really dont know where to start, it has been a very big shock and i am in no position to pay back a loan that i didnt even know about/have in the first place.

    Regards

    Sarah

    • Post Points: 35