I have a ccj from my ex wife

leftinamess

Hi,

This is a very strange one but any information would be much appreciated.
I split with my ex wife about six months ago and went to a mortgage advisor to see if I could take over the house on my own. To my horror I have found a whole load of mess left.
It works out my ex wife had been quite busy running up mountains of debt in her name and in mine. The Halifax also informed me that we had a ccj in joint names again none of this I knew about.
I came out of the meeting fuming and couldn’t believe what had happened, I immediately contacted my ex wife who confirmed it. After a lot of research in to how one person has managed to ruin my credit it works out my mail had been on divert for years while she was transferring balances of her credit cards onto mine etc etc. We have now sold the family home and the bit of money we have made on it I am trying to fix the mess and was looking for any advice as to if I can get this ccj took of my credit report? I just don’t know where to start and what to do legally so any help or advise would be greatly appreciated as I am at the beginning of a very long journey to fix things.

RAS

Hi

How did your wife manage to transfer her debts to your cards? Did you actually apply for these cards? Or did you let her have a second card? Or did she make fraudulent applications for credit?

sandraroffey

did you not notice that you never got any post???

leftinamess

RAS wrote: »

Hi

How did your wife manage to transfer her debts to your cards? Did you actually apply for these cards? Or did you let her have a second card? Or did she make fraudulent applications for credit?

It was a card i had in my name a lloyds tsb credit card, she says she transferred balances over but didnt need to sign for it. (I think its more like she has got hold of the card and maxed it)

leftinamess

sandraroffey wrote: »

did you not notice that you never got any post???

I have always worked full time 12 hours a day. She had the post on a collection service from the sorting office where we lived and she filtered what mail I got. obviously I got suspicions towards the end hence our marriage has broke down and I have uncovered what I have

LillythePink

Then can you not go to the police especially if she has taken credit out in your name then it's fraud and she should get prosecuted.

Again did you not notice that you hadn't been getting any post?

If she has been using your cards for balance transfers and other stuff then speak to the bank about what you can do about it not that they are going to wave a magic wand and make it disappear but for guidance on recourse against her

leftinamess

LillythePink wrote: »

Then can you not go to the police especially if she has taken credit out in your name then it's fraud and she should get prosecuted.

Again did you not notice that you hadn't been getting any post?

If she has been using your cards for balance transfers and other stuff then speak to the bank about what you can do about it not that they are going to wave a magic wand and make it disappear but for guidance on recourse against her

She had the post on a collect so i was getting bits and pieces of mail just not the horror mail, I was advised to go to the police before but i have two daughters and dont really want to go down that route.

RAS

Hi

You may be able to over-turn the CCJ on the grounds that you did not know about the proceedings but only if you can prove that your ex basically de-frauded you. However, you would still have the defaults to clear uop and the company would then re-issue the papers. Would you be able to pay off the debt?

The only way you would be able to remove your liability for the debt is if you were able to prove that your wife had defrauded you. You could of course ask the courts to take this into account when the financial settlement is made (massively reduce what sdhe gets from the house) but given that there are children that may not be possible (you need to speak to a lawyer urgently) and unless she is willing to pay up, there is not a lot of chance of avoiding the debt.

A couple of other questions:

Are you paying maintenance to her. If so, via the CSA or privately?

Have you put a marker on your credit record to prevent her taking out any other debts in your name? (CIFAS protective regsitration)?

leftinamess

RAS wrote: »

Hi

You may be able to over-turn the CCJ on the grounds that you did not know about the proceedings but only if you can prove that your ex basically de-frauded you. However, you would still have the defaults to clear uop and the company would then re-issue the papers. Would you be able to pay off the debt?

The only way you would be able to remove your liability for the debt is if you were able to prove that your wife had defrauded you. You could of course ask the courts to take this into account when the financial settlement is made (massively reduce what sdhe gets from the house) but given that there are children that may not be possible (you need to speak to a lawyer urgently) and unless she is willing to pay up, there is not a lot of chance of avoiding the debt.

A couple of other questions:

Are you paying maintenance to her. If so, via the CSA or privately?

Have you put a marker on your credit record to prevent her taking out any other debts in your name? (CIFAS protective regsitration)?

Wow! fantastic piece of information thank you so much! Yes i am taking a bigger lump sum out of the house for the reason she has caused all the mess and knows it! I rang for a settlement and the company will settle for £1400 (CCJ) so its not a massive debt i just want to get things straight and yes i can pay it. I have not heard of a CIFAS? I will look into this asap as it sounds like the sort of thing i need. Yes i have been paying maintance at a reduced cost because she left me in so much trouble but now the house is sold it will be going up to the correct amount and it is paid privavtely. As of a lawyer with the debt the way it is i am not really in a position to spend lawyer sort of money but if thats the route i have to go down then i will do it.

leftinamess

leftinamess wrote: »

Wow! fantastic piece of information thank you so much! Yes i am taking a bigger lump sum out of the house for the reason she has caused all the mess and knows it! I rang for a settlement and the company will settle for £1400 (CCJ) so its not a massive debt i just want to get things straight and yes i can pay it. I have not heard of a CIFAS? I will look into this asap as it sounds like the sort of thing i need. Yes i have been paying maintance at a reduced cost because she left me in so much trouble but now the house is sold it will be going up to the correct amount and it is paid privavtely. As of a lawyer with the debt the way it is i am not really in a position to spend lawyer sort of money but if thats the route i have to go down then i will do it.

Do i pay the ccj to the fianance company now or get it over turned first? the debt was to hsbc but has been took over by cl fianance?

RAS

You need to go over to the CSA Support section here and ask for help re maintenance; the reason being that if you pay privately and then she goes to the CSA, she can claim you have not paid and you have to pay a second time for the period between her raising the claim and the CSA contacting you which can be months, unless you make arrangments that the CSA will recognise.

Will post a cifas link.