Can I get a CCJ set aside

amp2010

My g.f and I had used her account to pay for things for me that I needed and supported me whilst I paid off my own debts. We then used her account to pay for a wedding which took place. After couple of days of being married I realised I didn't want to remain with her and so said for her to have a holiday as she needed one and that I would meet up with her the following week. During that time I took all my belongings out of the flat and moved out handing in keys to a neighbour on the friday.

My wife as she is now, was obviously upset before I moved out as I had more or less told her it was over and the day before I moved out she told me she had Issued a CCJ against me for all monies owed to her from wedding, card, bikes etc. I've got all the books in relation to the debts owed so I know she will have to go from scratch to build up the monies owed again for schedule to court.

I was wondering if I can get this set aside as even though she issued it to OUR address before I moved out I haven't got hte information. I haven't provided her with a forwarding address either and is just contacting her via email when needed. Although, I know she has now been to seen a solicitor about things.

I'm obviously worried about this CCJ and was hoping someone could give me advice as to if I can get this removed.

Thanks in advance for any assistance you can give.

debbie6899

Not very useful but can i just say i hope she gets every single penny off you- what a lowlife thing to do.

molerat

Have you had a CCJ from the courts or has she issued court papers, she cannot issue a CCJ.

beks

Wow, I am not surprised your wife issued a CCJ in your name if that is what you do after being married for a couple of days - could you not have decided that before you got married? It sounds like she has come out worse off to me - she has helped you with all your debts and all you get is a CCJ???

You might find this info helpful though.

http://www.experian.co.uk/consumer/faq/CCJ2.html

amp2010

No i haven't received any paperwork as of yet from the court, I believe she has given all my mail to her solicitor to forward onto me, not sure if the paperwork is amongst that.

I just didn't think a CCJ could go through the courts for a relationship debt.

amp2010

We cant get divorce for two years, it was only 3 weeks ago that we got married. I know I should have called the wedding off but as we got married i did want to be with her, we had a disagreement the day after wedding and I was like, actually dont think i want to put up with this I know I'm to blame for walking away.

I know my wife very well as she dealt with CCJ;s on my behalf for tenants that didn't pay. She is a very strong minded woman so when she says something she does it. So I am in no doubt it has been issued as she is very hurt by all of this.

peachyprice

beks wrote: »

It does seem odd as you would surely be getting a divorce and things like that should be sorted out then ... have you seen evidence of this CCJ or is it just her say so?

I would think under these circumstances it could be an annullment, so wouldn it be treated the same as a divorce?

OP, what do YOU think she sould do about all the money you have fleeced from her? Do you expect to walk away debt free owing nothing?

Apples2

I think your ex is already on here

https://forums.moneysavingexpert.com/discussion/2698923

Surely there can't be more than one spineless clown like the OP in such a short space of time.

beks

Apples2 wrote: »

I think your ex is already on here

https://forums.moneysavingexpert.com/discussion/2698923

Surely there can't be more than one spineless clown like the OP in such a short space of time.

:rotfl::rotfl:!!
It is either a wind up or they should be replying to each others threads.

amp2010

thanks for showing me her thread, I was not aware of this.

So, how does the procedure work then, she puts a claim through the court and paperwork gets sent out, what happens after that? If it takes 5 months then I'm laughing and after reading her replies it looks like she can't do anything to me and it will be thrown out is that right? or does it mean with the paperwork has been sent the judge has already agreed there is a warrant for the CCJ to be put through?

Can you also let me know how I can block her on here.

glider3560

amp2010 wrote: »

So, how does the procedure work then, she puts a claim through the court and paperwork gets sent out, what happens after that? If it takes 5 months then I'm laughing and after reading her replies it looks like she can't do anything to me and it will be thrown out is that right? or does it mean with the paperwork has been sent the judge has already agreed there is a warrant for the CCJ to be put through?

The court (or she) serves the claim form on you. This will include a response pack. You can choose to either admit all the claim, admit part of the claim, defend the claim or make a counterclaim. If you choose to defend, it is likely you will be given a date to have the case heard before a judge. Only then can the judge make a judgement (i.e. CCJ) if he/she believes you are liable for the claim. If the CCJ is paid within 30 days, it can be set aside.

Note: this is a summary based on my experience. I'm not a solicitor and this shouldn't be taken as legal advice.