Credit Union CCJ

Stressed2014

Myself and my wife are currently paying off loans to our credit union.

In August last year my wife had a serious back operation and had to go on to long term sick leave.

My my wife went onto SSP start of October 2013. Both credit union loans were paid up to date in October.

At the end of October, wife went to credit union to talk over situation as things were getting tight. CU suggested a payment holiday until April 2014.

Wife assumed that payment holiday was applied to hers and my account, as she had brought both books with her and they had looked at both books when making that decision.

Arrived back from a break last week to find a letter from my local court, advising me to turn up for a hearing on 1st July, matter previously adjourned.

I arranged a meeting with the credit union ASAP and in the meeting I was advised that the payment holiday was only granted on my wife's account.

I was further advised that due to non payment on my account, a civil bill was issued on 16/01/14, notification of application re civil bill issued on 22/01/14. Application for decree made 21/02. Decree granted on 04/03/14.

The guarantor for my loan has objected to the judgement against him as he swears he had no knowledge of any proceedings involving him till he received notice of the decree, that's why we're back in court on 1st July.

Ourselves and guarantor are no longer on good terms, nothing to do with the loan but this hasn't helped and that's why I didn't know sooner.

I have organised a payment plan with the credit union which they are happy.

Im not concerned about the CCJ against me but I feel bad about the one against the guarantor, which he has received through no fault of his own.

The credit union have advised me they want the decree to stay in place against the guarantor until the loan is paid in full.

Would the magistrate agree to the decree being lifted from the guarantor on the basis of the agreed payment plan, despite the credit union's wishes?

Also taking into account, I genuinely had no knowledge of this until recently and the credit union made no contact with me at all prior to starting proceedings after missing 3 payments?

Seems harsh to me but I don't know what 'normal' credit union arrears procedures are.

I'm sorry for the long post and thanks in advance for any help at all:)

Tixy

Hi
You mention CCJs and decrees - can you confirm are you in NI, Scotland or England/Wales?

So are both you and the guarantor named on the CCJ/decree?

Whose address were the court papers sent to - you or the guarantor?

Would the magistrate agree to the decree being lifted from the guarantor on the basis of the agreed payment plan, despite the credit union's wishes?

Sounds very unlikely. Courts look at the facts/evidence of the case and it sounds like nobody is disputing that the money is owed and that payments were missed.

Unfortunately this could probably all have been avoided if someone had acted as soon as the court papers were received (or even better the bill paperwork), as the lender would almost certainly have agreed to the payment plan at that time.

Stressed2014

We are in NI.

Both me and the guarantor are named on the decree and I would have sorted things out sooner if I had knowledge of what was going on.

Court papers were sent to my address and guarantors address, neither of us received them.

I had no idea proceedings had been issued against me at all never mind a decree.

I was under the impression I had a payment holiday and the credit union never wrote to me or phoned me when any of the 3 payments were missed before starting proceedings.

I'd love to know what their arrears procedure is.

I know I could attend the hearing and say, this is the first I've heard of this and the credit union will say but we posted this out on such a date and so on, I've no argument against that but it's the truth:(