Judgement set aside request

[TheUmp]

Hi, I'm looking for advice/comments etc please

 

I was made bankrupt 3 years ago and within that bankruptcy was a loan to a building society.

 

Recently a letter dropped through letter box stating that my wife owed the money and that it was going to court in northampton.

 

Immediately applied on their online service to state that she would be disputing the debt

and wrote to them with a request for the original documents to be provided, which they seemingly ignored,

 

the next correspondence was a judgement made against her saying that she was liable for the debt.

 

Have applied to the court (hearing this Thursday 14th) for judgement to be set aside.

 

We genuinely cant recall whether it was a joint loan, or just taken out by me,

and wife says that if proven that she will arrange to repay,

but as we are not sure, we have taken this course of action.

What prospects do you think that we have?

[dx100uk]

so what defence are you using at the set aside hearing that she doesn't owe this money?

 

 

the fact that you were made BK has no bearing

as you are both equally liable if she signed the agreement.

 

 

more info needed on the debt please

[TheUmp]

Sorry, I didnt put on the OP, we had ajoint account, but genuinely couldnt recall whether it was a joint loan or just taken out by myself, hence the request for the original documents, which have not been provided. Debt is approx £6,000.

[SabreSheep]

So an acknowledgement of service was given but no defence issued by the deadline?

[TheUmp]

I dont fully understand what you are saying,

 

 

but assume you mean that she applied online to say that she would be defending,

 

 

but then did nothing until after the decision.

 

 

This was what she actually did,

having no real knowledge of the court process,

and was waiting for some sort of response to acknowledge the proposed defence,

 

 

and as you know, the hearing went ahead in her absence with no notice of when it was taking place

[AndyOrch]

Forget about what you did and didnt do with regards to the claim....first port of call is to find out if it was included in your Bankruptcy petition.

 

Second....when one partner is made bankrupt, they are no longer be liable for any debts that you have jointly with them. However, you (wife) will still be liable for the full amounts.

 

Your creditors could pursue you (wife) for payment of the full amount of any joint debts you have with your bankrupt partner. This is because when you take out a joint credit agreement, you both agree to be responsible for the full amount of the debt.

 

This is called joint and several liability.

 

Regards

 

Andy

[TheUmp]

It was included in the bankruptcy,

 

 

the new issue is whether my wife is liable, as we/she cannot recall taking out a joint loan,

 

 

and thought it was a single loan for myself.

 

 

she requested to see the original or copies of the original documents, and they havent provided this.

 

My worry is turning up for the hearing and they suddnely produce these mystical documents,

 

 

or would they have already provided them if they have them?

[AndyOrch]

Because you didnt submit a defence and go through the process of the claim.......you have missed the opportunity of disclosure and requesting sight of the agreement.

Even to do a section 77 request now...it wont be complied with in time for your set a side.

 

The only thing I can suggest is to talk to the creditor and ask was it a joint or single application....have you not got any old statements or documents in connection with the loan?

[TheUmp]

Thanks for the response, the quick answer is we have no evidence of anything, I suppose if we did, we wouldnt be in this position. Im suspecting we should not go ahead with the hearing as, from what you are saying, we dont have any proper reason for the judge to set it aside.

[dx100uk]

who was the original creditor

 

 

give us a bit of useful background please

[AndyOrch]

I'm sure your IP will have all the details of the debt.You must attend the the hearing irrespective.