Oh dear - appear to be in it up to my neck just discovered a ccj

Laurajane04

Hi guys i'm new here and really hoping for some advice as I feel like im on the verge of a meltdown.

To cut a massively long story short.....

I split with an ex 4 years ago. I had an outstanding credit, my ex agreed to pay the installments to clear the debt in exchange for him keeping all the contents from the house (bed/suite/washer/fridgefreezer etc etc).

I moved on with my life and about a year later was contacted at my new address by link financial, whom had been pasesd the debt by MBNA saying he hadnt paid anything and that they were now incharge of recovering the debt. I explained the situation and told them that he would be making the payments, although the debt was in my name and that they should contact him for payment information etc etc.

They contacted him and he negotiated a reduced settlement amount approx £1000, with all intrest and charges taken off and he set up a standing order for £40/month.

I (possibly stupidly) thought it was all in order and got on with my life...

Last week i applied for a credit card (to allow me to hire a car on holiday) and was refused. Wondering why I got my credit report from experian and there it was....

Defaulted resulting in a CCJ in Feb this year showing an outstanding amount of £2500. I had heard nothing at all about this. Phoned my ex and he said that he hadnt cancelled it or noticed it stop and just assumed that it was still going out. Phoned Link financial who said that it was stopped in July 2010. I dont know who to believe.

I am in a bit of a state of shock here and dont really know what to do. I had no idea that anything was wrong, no idea that i was being taken to court or had been ordered to pay any money. Now apparently they have a warrant for a bailiff.

I asked Link if they would take a reduced settlement and they said that they would but only if I could pay in one lump sum, which I cant. If i wanted to pay monthly it would be for the full amount.

SOmeone please give me some advice here, is there any way I can get out of this having heard nothing about it? I have requested a copy of the CCA although I dont even know what i'm trying to achieve by doing that if i'm honest!?

Really hoping for some help

Laura

dancingfairy

The debt is in your name, so legally you are responsible for it. IF your ex decides to pay it then that's one thing but unless it's done through the courts (which I have no idea whether a court can make someone pay someonelse's debt) then if he stops (either on purpose or by accident) then it's tough.
You could potentially appeal the CCJ as you didn't get the paperwork but given that you owe the debt then no doubt you would get a new one anyway. As there is a CCJ it may be too late to request a CCA (this should have been done before a judgement as the judge was obviously satisfied that you owed the money to have granted a CCJ - frankly I think clinging to the debt people not having the correct paperwork is too late now).
I think your best bet is to appeal to the court to pay the debt in installments give your financial position. It might be worth chatting this through with someone like National Debtline or your local CAB.
Your local court should be able to help with which form(s) you need if you tell them what you want to do (ie to pay in installments ) but can't advise as to what action you should take (if you see what I mean- ie whether to appeal the CCJ due to lack of notice, or whether to pay in installments etc) or the forms are available on the HMRC website (or should be).
Best of Luck
df

NorthernLas

There is some really good information about CCJs and what to do on the directgov site.

See http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Respondingtoacourtclaimformoney/DG_195867

As link contacted you at your new address (and the debt is in your name so legally you are responsible), it is strange that you did not receive any paperwork. I think you should be able to apply to have the judgement set aside as you did not know anything about it.

There is info on National Debtline about set-aside http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court