Advice on a CCJ

poodge · 26th April 2007, 00:22

I have just found out I had a ccj lodged against me for a debt my ex wife imcurred. Apparently the all documentation was sent to my old marital home where my wife was living. I am told I can challenge the validity of the ccj as I have not previously been given the opportunity to defend or challenge it. Any advice how I go about doing this?

Thanks,

Robdblynd · 26th April 2007, 00:39

You need to get all the info you can from the court about the claim ie. what it was for, amount, who filed it & when etc.

Then get an N244 form to apply for a set aside to give you chance to defend. It costs £65 to file and is unrecoverable but it's probably your best choice.

You can either get the form from the court or download it from

Her Majesty's Courts Service - Home

go to forms and guidance, input N224 in search box and choose which format to download. Fill in online, print off (but print copy for yourself as you can't save the completed form online) and take or send to court.

HTH and good luck.

gizmo111 · 26th April 2007, 01:20

When you say a debt your ex wife incurred was this in your name or hers?

poodge · 26th April 2007, 09:49

Behind my back she run up a lot of the debts. This one relates to a cheque cashing company I can only presume im on the CCJ as she was using cheques from our joint account. I'm not doubting they wrote chasing the debt but I had moved out well before the CCJ date.

sequenci · 26th April 2007, 10:45

were the cheques in joint names?

you may have joint and several liability which means the judgment may stand.

Belaflat · 26th April 2007, 12:32

Should still be able to contest on the grounds it would have been defended had he been aware.

powelll · 26th April 2007, 13:00

Bear in mind that for a set aside to be successful ( it puts the CCJ back to the 'claim' stage ) you have to show that you would have a reasonably good chance of defending the claim or can show that there was no way you would have received the forms.

From what you are saying you may not be able to actually defend the claim ( if it is J & S liability the creditor can pursue either party for the full amount ). So the purpose of the set aside sounds like it will be to give you the chance to offer instalments? If this is the case you may want to just apply for a variation of the CCJ ( this is only £35 ). Just an idea as it's not clear what basis you would defend the claim on.

poodge · 26th April 2007, 16:33

Im told that these were for a cheque cashing service my ex used. She used cheques from our joint account which is why I have been named in the ccj. I can prove I wasnt living at the address that any correspondance would have been posted to.

sequenci · 26th April 2007, 16:50

Quote:

Originally Posted by poodge

Im told that these were for a cheque cashing service my ex used. She used cheques from our joint account which is why I have been named in the ccj. I can prove I wasnt living at the address that any correspondance would have been posted to.

so you might have grounds to set the claim aside, what is there to stop them re-issuing a claim?

poodge · 26th April 2007, 18:12

Good point, I would presume they would begin the process again. I found out the total cost of the debt os £240 which is not a huge amount. If I settle that amount does it look like I have settled ccj's on my credit history? Would it better to have it set aside and then settled? Apologies if this is a daft question and thanks to everyone for the good advice so far.

gizmo111 · 26th April 2007, 18:37

Quote:

Originally Posted by poodge

Good point, I would presume they would begin the process again. I found out the total cost of the debt os £240 which is not a huge amount. If I settle that amount does it look like I have settled ccj's on my credit history? Would it better to have it set aside and then settled? Apologies if this is a daft question and thanks to everyone for the good advice so far.

Yes it would defeinetly be better to have it set aside and then pay it, as it will then not show up on your CRF. Much beter than a settled CCJ.

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