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Re: CCJ

My friend's son has received county court forms from Northampton CC because of unpaid rent.
He is a joint defendant with his friend.
My friends son has the money to pay his half but the friend is saying he is prepared to go to court.
As he does not want a CCJ at the age of 18 what would happen if only my friends son paid his half?
Is he liable for the full amount and what would happen if he paid but his friend did not?
Any advice would be much appreciated.

Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    Were they both named on the tenancy agreement?

    If so I think they will both be equally liable for the whole debt.

    If he paid 'his half' and it still went to court the CCJ would still be against both of them. And if not paid up within 28days would be stuck on his credit file.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • bluemonday3
    bluemonday3 Posts: 232 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Thanks for this advice, yes both names on the tenancy agreement. I thought this might be the case. This is really worrying as he is only just turned 18.
  • Tixy
    Tixy Posts: 31,455 Forumite
    Do you know why friend doesn't want to pay his share? Is it a private landlord or an agency that is taking them to court?

    Were they under 18 when the tenancy was signed? I know very little about tenancy agreements but was wondering if it would be legal if they were minors?
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • bluemonday3
    bluemonday3 Posts: 232 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    They have had 2 tenancy with the same letting agency. One when they were under 18 which I think should not have been legal and one signed after they were 18. The friend says he will pay but can't pay all at once.
  • RAS
    RAS Posts: 36,156 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    he need to find out howe much the friend can pay now and then try and negoitiate with the landlord.

    One way to give them more time would be to get the case transferred to a local court, as the distance is too far fir them to travel to Northamption. This is the bulk processor, so any payment arrangment will be unreasonable.
    If you've have not made a mistake, you've made nothing
  • bluemonday3
    bluemonday3 Posts: 232 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    How would he get it transferred from the Northamptom CC?
    Is it possible to for him to negotiate with the landlord or does it have to go through the courts?
  • pipsi_2
    pipsi_2 Posts: 238 Forumite
    Maybe if your son's friend wrote to the landlord telling him that he can pay his share, the landlord may then be prepared to change the claim to just the name of the boy who isn't prepared to pay all at once. The landlord might be prepared to do this as it would mean he gets at least half of his money without any further hassle.
  • bluemonday3
    bluemonday3 Posts: 232 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Thanks that is certainly worth a try and will advise him to pursue that
This discussion has been closed.
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