Additional card holder issued CCJ by Ex partner

hugoshavez

chattychappy wrote: »

Well spotted. In this context, I'm not really sure what it would mean - if the OP is no longer on the hook for the mortgage, I'm not sure what would be left to require an indemnity. Also the ex could argue that indeed she has been indemnifying the OP during this time, so the condition was met.

gavandcarly wrote:

I just feel like, I have given her the house

Wouldn't an indemnity mean receiving his share of the equity?

oki25

Au has NO responsibility to a credit card. Your issue is only down to what you have a greed in writing ect is your debt and if there is eveidence you contributed/agreed to pay it, thats your achilies heel.

zzzLazyDaisy

If you make an application to have the judgment set aside, the court will set a date and both you and the claimant will have to attend the hearing. At the hearing you will have to explain to the court why you think judgement should be set aside. It is not enough to be able to show that you did not receive the court papers, you must also be able to persuade the court that you have a reasonable prospect of successfully defending the case.

If you are successful, the judgement will be set aside and the case re-listed for a full hearing. You will then need to attend the hearing if you are to have any prospect of successfully defending the case.

Are you really going to return to UK in order to deal with these court hearings? Because if you are not able and willing to attend the hearings, you will have no chance of success, bearing in mind that the court has already ruled against you once.

gavandcarly

From all of your comments it looks as though I have no chance to win this case even if it is set aside.

However I cant and am not willing to make payment in one lump sum.

Could someone please give me advice on how I can pay in installments? And how it would work with me living abroad? ie presenting bills/payslips etc to show that I can not afford to pay it all in one go?

Thanks for your help/advice guys.

zzzLazyDaisy

In order to persuade the court to make an order that you pay by installments, you would have to show proof that your income is around income support levels. The fact that you are living and working abroad suggests that this is not the case.

Also, if you wish to clear the CCJ and prevent it from being recorded on your credit history, you need to settle the debt in full within one month of the judgement date. After that, the CCJ can be marked as satisfied, but the actual entry will remain on your credit file for 6 years.

Otherwise, to be honest, as long as you are out of the country, she cannot start enforcement proceedings, so there is really nothing to stop you from paying the debt in installments anyway. But make sure you have a paper trail accurately recording all payments.

gavandcarly

Thanks for your response.

So if there is nothing stopping me from paying installments, how do I actually make the payments? Through the court or directly to her?

Also if i do decide to make payment by installments, does that mean the the CCJ will still appear on my credit file?

In that case I may as well not pay it at all and just wait 6 years until it gets automatically removed right?

Thanks.

zzzLazyDaisy

gavandcarly wrote: »

Thanks for your response.

So if there is nothing stopping me from paying installments, how do I actually make the payments? Through the court or directly to her?

The papers that you received from the court will tell you how to make the payment and who to. It will normally be the creditor, but sometimes it is the creditor's solicitor


Also if i do decide to make payment by installments, does that mean the the CCJ will still appear on my credit file?

[COLOR="rgb(65, 105, 225)"]The CCJ will appear on your credit file unless you pay the amount in full within one month of the judgement date
[/COLOR]
In that case I may as well not pay it at all and just wait 6 years until it gets automatically removed right?

[COLOR="rgb(65, 105, 225)"]That is your call. Of course if you return to the UK within 6 years she may seek to enforce the debt by sending in the bailiffs, etc etc. This may, or may not, bother you and/or your current partner.
[/COLOR]

Thanks.

Comments above

gavandcarly

Thanks for that.

I just don't see any point in paying at all, if even if I pay in installments the ccj is still going to appear on my credit file......

I honestly do not have £2000 to pay her in one lump sum.

Tixy

Once all installments are paid you could then get it marked as a satisfied CCJ on your file, which could look a little better on your report - and would mean that she cannot take any further action against you (if you did come back to the UK).
If that isn't likely then you might decide not to make payments, if you don't pay and do come back in the next few years for any reason then you'd have to face the potential issues at that point.

gavandcarly

I heard that having a satisfied CCJ is basically just as bad as having an unpaid CCJ.....

How would she know when I return to the UK?

Is there no way that I can pay installments without the CCJ being recorded on my credit file?

Thanks again :-)