CCJ after Bankruptcy

misstraddy

I have today received a judgement for a business debt that I personally guaranteed. My OH also received a copy of it, as we were joint defendents, he is not BR. I went bankrupt in Dec 10 and told the OR about the amount, but the time it has taken to get to court etc, and the fact that we have now lost, I am wondering what I need to do. My OH cannot afford to pay it in full as requested and is asking for time to pay, but I don't want a CCJ on my file after my BR and wonder if it is enforceable as it is has been awarded after my BR? The claimant was aware of my BR but the judgement has been issued in both names.

Hope that makes sense. Please help x

Ineedaname

I think they can't enforce anything with your name on it as legally they cannot chase you for a debt included in your BR. I would pass it on to the OR to sort out for you.

Unfortunately, as you were joint then your OH will likely continue to be chased for the money.

tigerfeet2006

Might be worth getting touch with the court it was issued from in the first place and talking to them as well as contacting the OR.

misstraddy

tigerfeet2006 wrote: »

Might be worth getting touch with the court it was issued from in the first place and talking to them as well as contacting the OR.

Thanks, yes I will do, although I still can't understand it as when both my OH and I went to the hearing the Judge clearly stated that he was aware of my BR.

alastairq

misstraddy wrote: »

Thanks, yes I will do, although I still can't understand it as when both my OH and I went to the hearing the Judge clearly stated that he was aware of my BR.

The Judge will simply be making it absolutely clear as to who will be the person pursued for the amount.

In this case, no-one else but your OH.

Even though you are both 'named'...

fiveyearplan

You shouldn't have received CCJ and you can have it removed (I got 3 after my BR and have so far had 2 removed. I suggest writing to the court stating when your BR date was and enclosing copy of BR certificate. Also send the same letter to the creditor.

fermi

Judgement should not have been issued in both names if you are BR.

(Double checked that earlier with a member of court staff. Thanks. )

As others have said, you need to contact the court with a copy of the BR order so your name can taken off.