CCJ now High Court writ

National_Debtline

kevoakes wrote: »

David, thanks.

Although I would suggest her payments started 6 years after it should have be statute barred anyway ?? does this help ??

It could well do. If there was a six year gap, any subsequent payments would not unbar a debt that has become statute barred.

- David.

dancingfairy

I think you need to get your argument straight. At the moment you are saying the debt may or may not be statute barred (or was at the time the ccj was taken out), you are complaining about it being joint and severally liable (Which is how a lot of debts work) and you are now saying that they should have taken your offer of payment and they didn't and you ended up with a ccj.
Out of that lot the only sensible argument is the statute barred one. The others won't stand up at all and if you go to court with all these wishy washy incoherent arguments you won't get far. You don't seem to understand that the debt is jointly held so you are both responsible for the whole debt and they can chase whoever they like, furthermore they don't have to accept a payment plan from you and could still have taken it to court.
df

Tixy

First I would try to work out if this is statute barred. I.e. if there was a clear 6 year period from both of you.

If it is then that will give you a reason to get the judgement set aside and you do not need to consider any other issues at all.

If not then you could possibly try to get it set aside on the basis of the written letter from them telling you it wouldn't go to court and not to do anything. If that fails then all you will have lost if the set aside fee, you will still have the judgement and still need to pay.

However if it suceeds then that CCJ will be removed from your credit file. But be aware that it is quite likely that they then may restart court action and take you to court again. That said if you can pay in full before the court date, or within a month of the court then the CCJ would not be added to the registry trust list of judgements or go on your credit file.

kevoakes

Not appreciated dancing fairy.

I can't possibly explain all the detailed issues over the last 12 months in the space of a few paragraphs.

I am no expert on these issues, hence my original post, but as someone who was told by the creditor, and I have it in writing, not to make them any payments, to then be taken to court and have a CCJ over my head for non-payment seems incredibly ironic, and wrong.

Thank you for all the other kind advice.