Joint Debt and CCJ's

jmt377

Good Morning,

You will probably be able to tell by the time this thread is posted that this has been causing me quite a bit of stress and a lot of late nights. If anyone can offer any advice, then i would be hugely hugely appreciative. Thanks in advance.

About 6 years ago, myself and my partner (at the time) bought a house together. We were young, foolish and very much encouraged to stretch ourselves financially to get on the property ladder. We even took out a credit card to spend on doing up the property. The way things were going, we were expecting to make back our money as part of the investment.

My partner and I were even confident enough to secure a loan on the property to cover MY own debts from before we met.

A few years later, after a housing crash, the recession, a beautiful child together and a messy breakup - we were repossessed and havent really been on speaking terms.

I see my daughter 3 - 4 times a week and she is very happy but myself and my ex partner really dont get on. She blames me (and i dont blame her really) because the secure loan (which originally belonged to me) is now a CCJ against both of us.

This is really unfair as it wasnt her debt, is causing her deep deep emotional stress and is really messing up our lives. I have no way of just getting £15,000 to cover the CCJ and remove her from it and I havent been blessed with rich family or friends who could help.

She told me last night that she is really depressed at the thought of having this CCJ over her for the next few years and has even thought of causing harm to herself. She is obviously in a bad way.

I have tried and tried to sort the situation out but just cant find the £15,000 to fix the situation.

She has told me that i now have 3 months to fix the situation or she is going to leave with my daughter and i wont ever see her again.

I really am a breaking point too filled with guilt, stress and the devastating thought of losing my little girl.

My question ....

Is there anyway whatsoever that I might be able to express these issues to the courts so that she can be taken off the CCJ. I would even go to prison for fraud and say that i forged her original signature on the initial loan docs. I know some of you guys will say this is silly and wrong but the alternative would be much worse. I will do anything at all. Are there loopholes at all? Im depserate and there isnt much i wont do so that i dont lose my little girl or have her mum doing something she'll regret.

Thanks in advance,

Dave

antonic

No I dont think you can assign the debt wholly to you.

The loan you took out meant you were joint & severally liable for the debt (as you have discovered).

When was the CCJ granted ? - I ask as it drops off both of your credit files after 6 years.

If you dont have to long to go why not wait till the 6 years have passed ?.

Dont feel guilty about your former partner having a CCJ , I assume the CCJ was granted before you became a parent ?, if it was none of us know what the future holds.

jmt377

Thanks for your reply. The CCJ has only just been granted. It has already caused her problems with renting a house. Its horrific.

Congrats on your debt free challenge. I'll manage that one day maybe!

antonic

Thanks for the quick reply !.

Your original post wasnt clear about when it was granted.

The only possible way out of this is can you pay the debt within 28 days ? - If you can the judgement will be classed as "satisfied"

If you cant , then I am afraid you are both stuffed.

As for the problems she has is now having , is she trying to rent a place through a letting agency and they are running credit checks and discovering the CCJ ?.

If they are perhaps she should try a private rental.

(As for the debt free challenge, I wouldnt want to wish it on anyone, as its a LONG time to live off £150/mth, but when I get to the end I will owe nothing).

jmt377 wrote: »

Thanks for your reply. The CCJ has only just been granted. It has already caused her problems with renting a house. Its horrific.

Congrats on your debt free challenge. I'll manage that one day maybe!

[Deleted User]

jmt377 wrote: »

She has told me that I now have 3 months to fix the situation or she is going to leave with my daughter and I wont ever see her again.

I'm sorry, but that's using the child as a weapon (not to mention blackmail), which is, quite frankly, disgusting.

What's to stop her doing it again, when she wants something else?

heartbreak_star

She cannot stop you seeing your daughter and I think it's appalling that she'd even threaten that. I'm bloody-minded enough that if it was me, I'd sort myself out and leave her to stew and be "depressed" for even suggesting using our daughter in that way.

No matter, you're obviously nicer than me, lol!

Arrange a payment plan for the CCJ and ask her to log on to her credit file and add a notification explaining what's happened. A notification will mean that any time a credit check is run on her, it has to be checked manually. This does lengthen the process but means that she won't be turned down automatically because a computer sees the CCJ. Also advise her to go to the doctors if she's feeling depressed.

I'd also suggest a visit to the doc yourself if this continues to get you down. Best of luck!

HBS x