I understand that but why has it got to this stage I have always stated and shown proof that it wasn't my debt, and also asked them to prove it was mine yet I have had nothing to show it is mine, Roy

Hi Asokn, It is a 90 mile round trip to the court (it is the nearest). I thought that sending proof that it was not my debt would be ok, now I know it wasn't. I will have to try and get a friend to take me and hope he will let me give him what I can spare from my benefits to cover his cost's over a couple of weeks, Roy

Hi, Andy, I will try and see what I can find, I didn't take a salary as I only helped out now and then, I looked after the house mainly. Debbie, I did defend the claim from the start, I sent all the information and proof to Northampton but it seems that it wasn't given to the judge originally, I sent it again stating I had sent it originally when asking to be set aside. Roy

Hi Andy, Yea you are spot on. The last Order is dated 12 April 2012 and I got it today 18th April. It was sent to my old address,I'm lucky I have my post on redirection so l go it, the last time I wrote to court when I asked for this to be set aside I told them my new address and the letter I had to show I am on benefit also stated my new address. Thanks, Roy

Hi asokn, If I have to it look's like I will have to find a way of getting to court to sort this out, Roy

Hi Andy, The wording of the particulars of claim are; Mr and Mrs L owned a shop in LL.... called R.... We had been trading with them selling certain goods ie beer & wine. They owed us £..... and had promised to pay us asap. They then closed the shop and left. They have behaved in a very poor manner with no consideration or thought for our business. They have lied and failed to keep promises but I think this shows them up for the type of people they are. My reply: They where told what was happening, they knew the shop was about to close and I have asked them to produce an account witch I have signed to show I am responsible for any debt, but they have failed to do so. Roy

Hi Andyorch, My initial defence I sent outlined what my role. I helped out in the shop ordering and collecting goods for my wife. I did not open any accounts with suppliers or could make payments as I could not access the bank account. I sent a copy of a bank statement along with the VAT registration for that clearly show' K....... L..... SOLE TRADER. My last application was similar to the first sending the VAT form only this time. Thanks, Roy

Hi, We we are in theory still together but not really speaking, she is living with her mother and has done for a while. The supplier had our address and I used to speak with them as it was me who used to order things or go and collect things from them on her behalf, but when it came to payments I always told them it was nothing to do with me and I would pass the message on. Roy

Hi andyorch, Yea she was the 2nd Defendant. As far as I know she as got a CCJ but has not sorted out any payments yet. Roy

Hi andyorch, My wife has always told the company that she was the sole trader and accepted that it is her debt, she has told them that due to her having to close her shop down she has large debts (in the region of £30,000 I think) and unless she can get employment may be forced to declare herself bankcrupt. Roy

Hi all, Thanks for your quick reply, First in my N244 form I wrote that the debt was my wife's, as she was the sole trader in the shop and I just worked there, I also sent a copy of the VAT registration form which states her as the sole trader. The form today say's " Before District Judge Godwin sitting at Aberystwyth District Registry. Upon reading the defendants application dated 29th March 2012 IT IS ORDERED THAT Application to set aside be dismissed Reason as I just said, Roy

Hi all, sorry been a while but has taken ages to get a reply from court. I filled in a form to have this set aside, which I sent off with the proof that I was not responsible for this debt. I have today had a Judgment order from court which say's; " The application to set aside contains no ground's. The defendant had opportunity to attend court to put forward his case but failed to do so. I sent them an email saying I was unable to attend court as I have no transport and I am on benefits and unable to pay the cost of public transport to get there, and again stating that the debt had nothing to do with me. ANY help as to what I can do now would be very helpful please, Roy

Thanks citizenb, will do that, also I will get in touch with benefits and get a letter off them to show getting benefits to send along,

Hi, Thanks for all your advice, I will get onto it on Monday Roy

Hi, Thanks for all your advice, I will get onto it on Monday Roy

Hi all, Thanks for all your advice, it seems wrong that I will have to pay when on benefits to prove something that I have already done, i.e. that I was just an employee.

Hi, Yes I was just an employee, I sent proof of that to Northampton. How do I apply for a set aside? Thanks,

Hi The order say's : It is adjudged that the claimant recover the sum of XXX for debt and interest to date of judgment and XXX cost . It is ordered that the defendants pay to the claimant the total sum of XXX It was in the THE HIGH COURT OF JUSTICE, CHANCERY DIVISION, ABERYSTWYTH. Thanks,

Thanks Citizenb, Yes what you have put is correct, I did fill in forms for my defence, i.e. The business was not mine but my wife's I just helped out, but they have still passed judgment on me which I don't understand. If I worked at Tesco and they didn't pay a bill would I be liable?

Hi please can you help? my wife ran a small shop which I helped out with. Last year with increasing debts and unhelpful bank, she was forced to close, leaving a few of her suppliers unpaid. One of them has taken us both to court for the debt. I first got a court summons from Northampton which I replied to stating that my wife was the sole trader and I sent along letters to prove that. I then got a court hearing date which again I replied to saying that as I was on benefits and have no transport I was unable to get to court and again as I had sent proof that it was my wife's business and nothing to do with me that the claim against me be dismissed. I have today had a General Form of Judgment Order from the court with me as the 1st defendant and my wife as the 2nd defendant saying I must pay X amount or further action may be taken to recover this amount. Any help would be greatfull,

Thanks for your advice Andy, just a quick point you may help me with, am I better off getting the court changed to a more local court or leave it & travel there, if I do go for change how do I do that, just send a letter to court? My wife's more simple, yes she owes the money she has always admitted that, but like me she is on benefits & has none stashed away,, Thanks, Roy

Hi Andy, Thanks for your reply. We both got separate papers, mine had me as the 1st defendant with my wife as 2nd & my wife's was the other way round, they both had the same claim number. Roy

Hi all, I'm new to this, but have read your forums in the past & had quite a lot of help from them, but couldn't find any help with this, so, My wife & I ran a little shop but due to the climate we had to close in Febuary. The shop was solely in my wife's name I just helped out with the running of the shop. One of our suppliers who is owed money has taken us both to court, I filled in my defence for stating that I was not responsible for the debt as my wife was the sole trader and I was not responsible for the payment of any accounts. My wife filled in her own form stating she had no money & was trying to declare herself bankrupt. I have today had a General Form of Judgment or Order, saying; Before District Judge Jones Evans sitting at ......... UPON READING the papers IT IS ORDERED THAT 1 The defendant attend ...... to show cause why the defence should not be struck out as disclosing no reasonable cause of action. I assume my wife may get a similar letter in next day or so, Please could someone advise me what I should do, as the court is 70 miles away (over 3 hours by public transport) & I am only on jobseekers? Thanks in advance