unknown ccj as guarantor for car finance - advice please

[Empay89]

Hiya asking some advice

 

- I have a ccj on my credit report that was registered In Jan 2015.

 

It was for car hire purchase that my ex husband took out and kindly added me onto it as a guarantor without my knowledge.

 

The original debt drops off my credit file in august this year and the ccj will be 6 years old in Jan 2016.

 

Do I carry on and leave it until it drops off or do I contact the court

and get it removed as I never received paperwork for it as I never knew that debt was taken out and my name used for it.

 

Thanks

[fkofilee]

The CCJ was registered in Jan 2015? Well itll be there till 2021

[Empay89]

Sorry type error it was registered in 2010

[dx100uk]

were you living where you are now

when the loan was taken out?

 

 

who got the CCJ?

[fkofilee]

Well itll drop off after 6 years so, itll be fine

[Empay89]

No I have moved a few times. I think the ccj is registered against us both but as I'm not with him and haven't spoken to him since 2010 then I wouldn't know. It is showing I am financially linked to him

[dx100uk]

well the CCJ will go from your CRA file in jan 2016

if it was registered jan 2010

 

 

I cant really see what you could achieve in 8mts

 

 

you didn't inform the creditor of a change of address

so you cant use the wrong address reason

 

 

and even if you did/could

you'd need a defence to you not owing the money

[Empay89]

I didn't inform the creditor as I wasn't aware I was even part of the credit agreement - all I knew was that it came out via dd from the joint account we had at the time. It was an abusive relationship and i tried to cease contact as much as I could so when I discovered this I had no contact details for him. It's just affecting my life as I'm wanting to move house as expecting my second child but will instantly fail all letting agent checks

[AndyOrch]

It was for car hire purchase that my ex husband took out and kindly added me onto it as a guarantor without my knowledge.

 

How is that possible....did you sign as guarantor?

[Empay89]

No not to my knowledge. I was barely 18 when it was taken out - same as I didn't sign for the mobile phones I found in my name etc

[AndyOrch]

Well as already stated it will drop off in 8 months.....you should have fought it in 2010.You could inform the CRAs and Registry Trust that the CCJ was a fraudulent credit application by your ex and have it marked on the files as same.Not really worth the expense and time and stress for another 8 months.

[Empay89]

It just worries me that they will catch up with me and try and make me pay it. 5k is a lot and I don't want my family punished because of someone in my past

[AndyOrch]

The debt is joint and several...so if they know were you ex resides he will be the first port of call.......If you contact the creditor and explain then they will know were you reside....the Judgment creditor has 6 years to enforce (execute) the CCJ so they have 8 months remaining to action this...then they will need permission of the court.

 

I assume you have never requested a copy of the agreement pursuant to section 79 as then they would know your whereabouts ?

[Empay89]

I did think about requesting it

 

 

but again like you say they would know my current address

 

 

although I'm sure if they wanted to they could find me.

 

 

Does the ccj drop off the register that the court holds as well after 6 years?

 

 

Thanks

[AndyOrch]

Unless set aside or cancelled, a judgment remains on the Register for a period of six years from its registration date.