Court on Friday. Help needed please.

[Pupter]

Hi

 

We were recently chased up for an old debt that I didn't even remember.

The DCA applied for a CCJ,

I disputed it but

I didn't realise they were going after both my partner and I

he ended up with a CCJ.

 

 

When they carried on I submitted the statue barred defence and thought that was it.

 

 

then the DCA came back saying I had made a token payment at one point meaning it was a couple of months within The SB limits.

 

Now we are back in court on Friday of this week as they want to lift the stay and get a CCJ against me too.

I need some advice.

 

 

I have discovered some old paperwork that makes me think there might be old charges on there but due to some significant family worries I haven't been as on the top of this as I should have been and now I feel like it's too late.

 

Should I call the. Puff and remove my SB defence? (Is that a done thing?) and offer to pay off the amount at £5pm.

 

 

We have some financial problems at the minute and we genuinely cannot afford more than that.

Or should I attend and try something else.

I don't know what to do.

 

I don't see how if they already have a CCJ on this against my partner that his name is still

On this part of the case.

 

 

Are they trying to get a double CCJ against him?

[dx100uk]

they cant get a double CCJ on one person.

 

your story is a bit confusing to me.

 

can you fill this in please so we have the relevant info.

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

if the debt is SB'd its SB for BOTH of you

so his CCJ can be set aside as well.

 

have you rung the original creditor and asked the last payment date?

did you send a CCA request and a CPR 31:14?

what defence did you file please too??

 

dx

[renegadeimp]

Which DCA. Youve been bluffed

[AndyOrch]

Did your partner submit a defence...if it was a joint claim both parties must defend and submit a defence.Has he made any offer of payment ?

 

Look up joint and several agreements and enforcing judgments

 

Also see CPR 12 (PD 8)

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part12#12.4

 

Claim against more than one defendant

 

12.8

(1) A claimant may obtain a default judgment on request under this Part on a claim for money or a claim for delivery of goods against one of two or more defendants, and proceed with his claim against the other defendants.

(2) Where a claimant applies for a default judgment against one of two or more defendants –

(a) if the claim can be dealt with separately from the claim against the other defendants –

(i) the court may enter a default judgment against that defendant; and

(ii) the claimant may continue the proceedings against the other defendants;

(b) if the claim cannot be dealt with separately from the claim against the other defendants –

(i) the court will not enter default judgment against that defendant; and

(ii) the court must deal with the application at the same time as it disposes of the claim against the other defendants.

(3) A claimant may not enforce against one of two or more defendants any judgment obtained under this Part for possession of land or for delivery of goods unless –

(a) he has obtained a judgment for possession or delivery (whether or not obtained under this Part) against all the defendants to the claim; or

(b) the court gives permission.

 

Regards

 

Andy

[Pupter]

Sorry I've just read my original post and realised how jumbled it is.

I'm at work now but when I get home early afternoon I will provide all the info I can find.

 

I defend the claim thinking it would cover both of us but not realising they could still go after my partner so they dodger judgement on his part.

 

The first we knew was when the judgement arrived with us.

 

I think he was ordered to pay £50pm but hasn't as yet.

 

This was about three months ago.

 

We simply don't have that spare right now.

[renegadeimp]

Which dca