Can I apply for a set aside?

[linz2011]

Hi

 

I attended court last week - in a nutshell I went into a store and purchased a sofa paid a deposit and took the remainder out on interest free credit. The sofa was delivered and then I was told the application for finance had declined and I had to pay the balance in full which I could not do, after much tooing and froing the company agreed I could pay in instalments which I did but then fell on hard times and wrote them a letter saying so and they issued a court claim.

 

The judge ruled in their favour and the otherside refused to accept instalments and wants balance in full or enforcement of the order - judge was not happy with this and asked me to send in a means assessment and a figure would be set on affordability.

 

However, whilst all this was in my name the court claim came in my husbands name - can he apply to have it set aside on this basis - also he came with a copy of the agreement which was declined even though I was informed it would be destroyed?

 

Any thoughts - thanks

[Michael Browne]

Although it may be possible, pragmatically I can't really see the point. It would be a fair amount of hassle (plus it might not succeed) and since you accept that you owe the balance, i would have thought it better to concentrate on acheiving instalments that you can afford. Since the judge has directed that you submit an income and expenditure, you should do that, especially if you can show there is little disposable income.

[linz2011]

Thank MB - i do agree it was just in the hearing the guy representing the other side wanted to enforce it there and then and get bailiffs (really nasty piece of work) and I thought if I could cause a bit of upheaval I would. If they judge orders it paid in instalments can they refuse it and enforce it?

[Michael Browne]

If they judge orders it paid in instalments can they refuse it and enforce it?

No, they can't. They would have to accept what the judge decides you can afford. But they could enforce the full amount if you default on the instalments