Personal Guarantees - please help

lauren_help

My business failed last year and there were a couple of creditors issued CCJ's against me which I was unaware of at the time that have now turned to charging orders.

I am hoping that someone will be able to answer the following as I am going to apply to have them set aside:

1. Do default notices 1st have to be issued on these types of debts before a ccj is granted?

2. The personal guarantee that they are claiming I signed is a seperate document and was for something totally different - hand written numbers have now been added to it?

RAS

Lauren..
i suspect that you need rather more help than we can give at this stage.

I assume that you are saying you guaranteed personally debt A and now find details of debts B and C have been adedd, despite the fact that you did not gurantee them?

1. Please speak to one of the debt charities listed here http://www.moneysavingexpert.com/loans/debt-help-plan#help
I think NDL would be your best option but they are very busy.

I suggest that you also pM debt doctor as he has dealt with similar situations.

On a more practical side where we can help here, do you have default letters at all?

There has to have been a CCj, when was this taken to court?

Is this an interim or final charging order?

lauren_help

thanks

Final charging orders :-(

---

gonna fight them though

never had a default for them in my name

RAS

Do you have final charging orders or do you have paperwork for final charging orders?

And I am going to be a really meanie and refer you here http://forums.moneysavingexpert.com/showthread.html?t=1589133 and ask you to send the OFT a comment tonight as it is the deadline.

10past6

lauren_help wrote: »

never had a default for them in my name

Did you admit the claim on the N1 claim form?

lauren_help

Never seen one of them

10past6

lauren_help wrote: »

Never seen one of them

There's something not right here, there is a process both the courts & claimant goes through before a CO is made final.

Are you saying at you never, ever received anything from the court before the order was made final?

How have you found out about this CO?

lauren_help

had a n87 final charging order letter from the court and a letter from the land registry.

RAS

CAn you get a copy of your credit records from each credit reference agency so you can find out what happened re the CCJ?

I suspect they have sent the documentation to your old business address?

10past6

You should have received notification from the LR when an interim CO was in place.


As I say, something's not right and this case needs referring back to the court for the paper trail to be investigated.

You'll require this form for your set aside application, it will cost you £75.00 unless you're exempt then complete this form also.

lauren_help

yes I will apply for my credit record.

Am going to apply for a set aside one of the reasons being that I wasn't aware of the original ccj - have been advised to get a copy of the original claim to see what it was based on.

Wanted also to get advise on Default notices on whether I should have had them. - trying to give myself the best possible chance.