Additional card holder issued CCJ by Ex partner

zzzLazyDaisy

That's true. But in order to get judgement set aside, OP has to turn up to the hearing (which seems unlikely) AND persuade the judge that if judgement is set aside, there is a reasonable prospect of him successfully defending the action (which also seems unlikely).

I remember OP's last thread where he was seeking to pursue his ex for the return of the deposit on their joint house, which was in negative equity, and which he had signed away the rights to when he agreed to sign over the house to her and have his name taken off the mortgage.

The consensus was that he was on a non-starter (though he didn't reveal at that point that he is currently living abroad and would not have been in a position to attend any7 court hearing had he decided to pursue the matter).

So now he is seeking to get out of paying her money that he previously agreed to, but is not able or willing to attend court to argue his case.

Forgive me for being cynical, but it seems to me that OP has a grudge and is determined to make life difficult for his EX OH (goodness knows what his current partner and the mother of his child feels about all this).

Okay, that's my twopennorth. I'm out!

gavandcarly

Lazy Daisy, I have never once said that I would not attend the court hearings.

The reason why i did not attend the original court hearing was because my ex sneakily filed the claim and provided the court with an old UK address when she knew that I had moved to Dubai, therefore I was unaware of when the court hearing was as I did not received the date/time of the hearing.

Forgive me for saying so but would you not hold a grudge against someone that is pestering you after having split up with them 4 years ago and them taking you to court to pay of HER debt and now possibly ruining my credit rating stopping me from getting a house in the UK when me and my family do return?

I wanted shot of her otherwise I wouldn't of signed the house over to her and not asked for a penny.

I simply asked for help in regards to the court case not your personal opinion on my life.

chattychappy

zzzLazyDaisy wrote: »

But in order to get judgement set aside, OP has to turn up to the hearing (which seems unlikely) AND persuade the judge that if judgement is set aside, there is a reasonable prospect of him successfully defending the action (which also seems unlikely).

The reasonable prospect of success test doesn't always apply - eg if the OP is entitled to set aside as of right. I'm on a slow connection right now so can't trawl through the CPRs/service rules - but from memory this includes the situation where procedures haven't been complied with. Here it seems there may not have been proper service of the claim form ** so perhaps the OP doesn't have to jump this hurdle (?)

**again not sure - last known UK address might be OK if the Def is overseas. Just can't remember this stuff and need to check.

gavandcarly wrote: »

because my ex sneakily filed the claim
...
I simply asked for help in regards to the court case not your personal opinion on my life.

Well, zzzLazyDaisy has been generous with her advice and she's not acting in a professional capacity. People are free to make other comments if they wish. I feel a slightly resentful tone in your posts (which may well be justified, I don't know). This does rather invite further comment.

Miss_Spendalot_2

gavandcarly wrote: »

Lazy Daisy, I have never once said that I would not attend the court hearings.

The reason why i did not attend the original court hearing was because my ex sneakily filed the claim and provided the court with an old UK address when she knew that I had moved to Dubai, therefore I was unaware of when the court hearing was as I did not received the date/time of the hearing.

Forgive me for saying so but would you not hold a grudge against someone that is pestering you after having split up with them 4 years ago and them taking you to court to pay of HER debt and now possibly ruining my credit rating stopping me from getting a house in the UK when me and my family do return?

I wanted shot of her otherwise I wouldn't of signed the house over to her and not asked for a penny.

I simply asked for help in regards to the court case not your personal opinion on my life.

I read somewhere that CCj s can be set aside for a new hearing if the person in question was unaware of the proceedings being taken against him/her. The reason for the CCJ was because you failed to give your side of the story but if you were unaware then how could you?

If you can get the CCJ put aside and explain to the court your situation, (that you never received any correspondence about the action against you etc) and that you are working in Dubai but are willing to do all you can to rectify the matter then even if you do get an enforcement to pay you will not be given another CCJ.

You can then ask to make arrangements to pay for this debt, (If they believe you even should pay) remember you can take into account how much money you have left after paying debts, living expenses etc etc, Dubai is quite expensive I hear.

You get a CCJ for not paying or for refusing to pay a debt, you it seems have not been given that chance, well I mean if you were unaware that it had even got to the court stage, I think you have a case to be honest.
Seriously get it sorted don't just pay her and accept the CCJ, you have to be able to have your say in court. I find it amazing that a Judge would even give you a CCJ just because you said in an email that you would be willing to pay her, that could have been an email from anybody for all they knew.

Oh well Good luck and don't go accepting a CCJ just because some people are basically saying pay up and shut up they are being quite unfair in my opinion.

Hope you can hold it together and sort out this mess and move on from it.

DO NOT JUST SIT BACK AND ACCEPT THIS CCJ.

gavandcarly

I am most definitely not going to give up.

I need to make sure the judge can see all of my evidence, it needs to be fair.

So if i do loose second time round, is there no way at all that I can pay in installments and not have the CCJ recorded on my credit file?

Tixy

gavandcarly wrote: »

I am most definitely not going to give up.

I need to make sure the judge can see all of my evidence, it needs to be fair.

So if i do loose second time round, is there no way at all that I can pay in installments and not have the CCJ recorded on my credit file?

No. If a judgement goes against you then you have to pay in full within 1 month or its registered on the registery trust and your credit files against you for 6years. Those are the 2 options when you get a CCJ.

Though as you already have a CCJ against you, and are not in the country does that really matter to you?

gavandcarly

The CCJ that I already have was issued in 2010, so I have 4 years of it left on my credit file. The new CCJ will start from scratch for 6 years so will will indeed affect my credit rating, and who knows what the future holds or when I will return to the UK....

Kyresa

Miss_Spendalot wrote: »

I read somewhere that CCj s can be set aside for a new hearing if the person in question was unaware of the proceedings being taken against him/her. The reason for the CCJ was because you failed to give your side of the story but if you were unaware then how could you?

If you can get the CCJ put aside and explain to the court your situation, (that you never received any correspondence about the action against you etc) and that you are working in Dubai but are willing to do all you can to rectify the matter then even if you do get an enforcement to pay you will not be given another CCJ.

If the judgment is set aside, things go back to the start of the claim. You have another chance to reply to the Claim Form and explain your situation. The CCJ is taken off the Register of Judgments, Orders and Fines until a new judgment is made. It doesn't mean that an Order won't be made. If the OP is found liable to pay the money, the Judgment will be issued, and the OP would have a month to pay it off if he didn't want it on his record.

Miss_Spendalot wrote: »

You can then ask to make arrangements to pay for this debt, (If they believe you even should pay) remember you can take into account how much money you have left after paying debts, living expenses etc etc, Dubai is quite expensive I hear.

You get a CCJ for not paying or for refusing to pay a debt, you it seems have not been given that chance, well I mean if you were unaware that it had even got to the court stage, I think you have a case to be honest.
Seriously get it sorted don't just pay her and accept the CCJ, you have to be able to have your say in court. I find it amazing that a Judge would even give you a CCJ just because you said in an email that you would be willing to pay her, that could have been an email from anybody for all they knew.

From the information given the Ex has asked for arrangements to be made and the OP has tried to ignore it.

Of course the OP can have his say in court, and if the evidence is presented as it is here, the Claimant has a lot to persuade the Judge with, moreso than "I don't want to have to pay her credit card debt" which isn't want the OP agreed to pay essentially, he agreed to give £1200. That's what the Ex is after.

Miss_Spendalot wrote: »

Oh well Good luck and don't go accepting a CCJ just because some people are basically saying pay up and shut up they are being quite unfair in my opinion.

Hope you can hold it together and sort out this mess and move on from it.

DO NOT JUST SIT BACK AND ACCEPT THIS CCJ.

I'm sure the OP will thank you when he's paying all that extra money in costs after the case (even if paid off in a month, those extra charges are included in it once it's been to court!) Unless She now withdraws the claim, it stays in the court system!

chattychappy

As its Small Claims track, there is limited scope to recover costs.

Kyresa

chattychappy wrote: »

As its Small Claims track, there is limited scope to recover costs.

There is scope to recover costs AND interest...

I quote from the initial OP

1. Judgment for the Claimant in the sum of £1450.00 together with interest of £393.99 (a total of £1843.99).

2. Defendant to pay Claimant's court costs of £245.00 (being £80.00 of the claim form and £125.00 hearing fee)


I'd say that was a sizeable addition even if it was only the £245 court costs back!!