CCJ advice

[Duffers Mum]

Hello, not been in here for a while but hoping for some advice.

 I may be in the wrong section, if so can someone please move it over for me.

 

My stepson split from his wife 3 years ago, they had a debt management plan which was in his name although the debts were joint.  

 

To cut a long story short, he moved out and they divorced.  

He thought the DMP had been paid off but when he went to rent a property recently he failed the credit check because of a CCJ registered against his name,  

He knew nothing about it, never received any reminders or court papers.

 

He is going to ring the court tomorrow to find out as much information as he can.  

He doesn’t deny he owes the money and will repay it but if possible he wants to get the CCJ set aside.

 

Is this possible using the defence that his ex wife didn’t send post onto him? 

 

Any help or advice would be most appreciated.

Thanks

 

[BankFodder]

He may well get this CC J set-aside – but if this debt has had any other effect on his credit file, then he will not be able to do anything about it. Creditors are extremely unforgiving about this kind of stuff.

Certainly in his set-aside application he would have to say that he had no knowledge of the claim because he hadn't been served with the papers. However, he would normally have to show that he had a defence which would give him a reasonable chance of success at trial. From what you say, I'm not sure that this would be the case. However, it may be worth trying but I think it's a couple of hundred quid to lodge the application.

 

[Duffers Mum]

Thank you for such a prompt reply.  

He may be better just leaving it then and paying it off at a set amount each month?

He couldn’t afford much as has maintenance plus his rent and outgoings  etc to pay out.  

Thankfully he was offered the house he wanted at an enhanced deposit so he hasn’t lost out on it, he doesn’t use credit now apart from a tenner a month on a credit card for petrol to try and get his credit score up a little.

 He has a decent job, I’m just cross he got lumbered with all the debts when he split with his wife

[dx100uk]

short answer id no.

ring northants bulk

ask for a copy of the CCJ and the CLAIMFORM by email PDF.

probably a backdoor CCJ for an old debt by a DCA debtbuyer.

wrong address [unless he informed the DMP provider or the original creditors or the DCA that bought it of the correct now address]

sadly if this was a joint debt? he is jointly responsible 

cant see a set aside reason at present

nor a defence for the debt itself which both will be needed 

dx

 

 

[Duffers Mum]

Thanks you, I will tell him to ring and ask for copies.

 

it was a debt which was included on a DMP, when they split he renegiated the DMP and he paid it off with some compensation he received.  

 

Unfortunately he thinks he forgot to include this particular debt when he renegotiatd the DMP and therefore it never got included and thus was never paid off with the others.

 

He will have to negotiate monthly payments (via the court?) to start repaying it off, I know the CCJ will stay on his credit file foe 6 years.  

 

I’ve told him to set out all his monthly bill payments including maintenance and I’m hoping they won’t make him pay more than he realistically afford (which won’t be much).

[Duffers Mum]

 

Quick update....he sent off forms to court offering to pay what he can afford, he did all that and sent it off with relevant fee...

he’s received a letter but his friends dog ripped it up so he’s not sure what it says

 

piecing it together he thinks it’s saying he’s got to pay it all in one go, which of course he can’t afford...would that be correct?

 

I’ve told him to ring the court as soon as they open to ask for another copy of letter.

.he’s worried they will apply for attachment of earnings etc but if they do surely they can only take what he can afford to pay?  

 

Any advice I can pass onto him?

 

thanks 

[dx100uk]

did he ring northants bulk and ask for a copy of the claimform and the judgement CCJ by email pdf?

if not do so.

 

once he has that info then we will be better informed upon the options available to him going forward.

 

any idea who got the CCJ and what it was for yet?

 

dx

 

[Duffers Mum]

Thanks for response..he rang Northampton who told him it’s now been transferred to his local court, so he has called in there today and explained all about his divorce etc and how this debt appears to have been overlooked when he cleared his DMP.  Anyway they have accepted his monthly payments and he’s happy enough with that.

 

i did say I wish he had told me about all this years ago as I could probably have helped him with CCA stuff etc but obviously he’s admitted the debt now..it was originally a halifax debt and looks like it was sold on to Hoist.

 

He will repay it monthly and hopefully he will be able to clear it quicker than planned, in good news he was still able to rent the property he was after with a larger deposit.

 

appreciate all the help and advice.

[BankFodder]

I'm not sure if admitting a debt makes any difference if there is no CCA.

 

DX will give you better info than me

[dx100uk]

once a CCJ has been issued it trumps the need to hold any enforceable or not paperwork..the opportunity to question this has long passed..that ship has sailed.

 

cant see why northants bulk couldnt supply the paperwork it matters not its been 'transferred'...and that doesn't happen anyway how can they transfer a claim to his local court when they don't even know where he lives supposedly?

 

the agreement to pay must be made with the claimant, you don't pay the court and the court cant agree to the schedule without the claimant permission.

why doesn't he do an N245 and vary the judgement to an affordable level?

then use that time to send Halifax an sar and get details of the debt.

there xould be stuff to reclaim like PPI and penalties to fund the payments.

 

[Duffers Mum]

He had already filled out the paperwork and sent the fee to ask about paying £X amount monthly so they had all his up to date details.  Would that have been the N245?

 

 

[dx100uk]

sounds like it to me £50? fee

[Duffers Mum]

Yes, I’ve checked with him and it was that form and a £50 fee.  The court said it’s agreed and she would sent letter confirming this to his new address (so they dog doesn’t get to eat them) , May well have been that this is what the letter said anyway but was difficult to read any of it after the dog got his teeth into it.