Apparent CCJ from BW Legal

Khaine

Ah, okay. I wasn't aware of that and she's been panicking about them doing that.

I'll pass that info on, thank you. As for letting them in, she won't. She's disabled and has to use a stair lift, so I'm the one that deals with people at the door.

National_Debtline

Hi Khaine

All being well, the prospect of bailiffs should not come close to arising, even if a CCJ does end up being granted against your fiancee.

She will have the opportunity to show what she can/cannot afford to pay - this will be taken into account by the court when setting a rate of payment and in many cases can be next to nothing. If these payments are maintained the creditor could not even request the use of a bailiff, let alone send one to anyone's door.

Dennis
@natdebtline

Khaine

The CCJ has actually been applied in default because we didn't submit any paperwork for defense.

Except we never received any paperwork to submit a defense in the first place, so we're applying to have it set aside on those grounds. We've got other stuff going in place to basically highlight the fact she's not capable of dealing with finances in any way, and we're trying to find out which debt the CCJ is for in the first place as well.

Along with that, we're also going to be arguing that the court and company can't just go after her when it's a joint debt and will be supplying details for her ex-husband where possible... especially since he was the one that dealt with all financial issues while they were together.

National_Debtline

Hi Khaine

Sorry for the delayed response.

I strongly recommend taking legal advice when applying to set aside and defend a court claim, if you have not already done so. I’m not legally trained but my understanding is that filing a defence is to dispute liability rather than the fact the claim form wasn’t received, and you need to outline the grounds for the disputed liability.


If the debt is in joint names the joint and several liability would mean either your fiance or her ex-husband could be pursued for the full amount of the debt.


There may be some scope to contest liability on the grounds of mental health and your fiance possibly lacking the full understanding and capacity to enter into a contract. Being pressured into signing an agreement under duress, or through deception, can also sometimes impact liability. You would certainly require legal advice to clarify these points though.

James
@natdebtline

rizla_king

No the courts powers are wider than that.

They can set aside if

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

Note the "OR".

At it's basic level a judge just has to think there is a good reason why it should be set aside. That could be just that you never had a chance to pay it and avoid the CCJ because you didn't receive papers. After all, if you do get papers and pay before or with 30 days then you never get a CCJ registered against you. Khaine was denied any chance to do that.