CCJ in wrong name

SueP19

Hi I was wondering if you could help

I have received a CCJ in my husband name for a loan I took out

How easy is it to defend these things, I would like to offer a monthly repayment but as it's should be in my name it is unfair to leave it as it is.

I don't want to jeopardise them accepting a monthly sum but it should be in my name

I do have the original loan agreement which is solely in my name

Many thanks

MEM62

If the CCJ is in the wrong name then the first step would be to get the CCJ overturned. However, this is not always easy to do and you husband will have to explain why he did not defend the action in the first please. Is there a good reason why he didn't?

molerat

Have you a CCJ recorded against you or have you received the paperwork to take you to court (Form N1) ?

JKSandy

Was your husband a guarantor for the loan?

Marktheshark

In think you need to explain in a lot more detail
What have you received (detail +++++.
From who ? who sent it
what does it say it is
what is it for
whos name is on this ?

SueP19

Sorry for the confusion

He has received a claim form about a debt from the court, prior to a CCJ being issued

He was not a guarantor to the original loan

It's about having the claim form re-sent in my name, is this something that is easy to do.

I am happy to hold my hands up to the debt but I do need them to accept my monthly offering, so I would not want to anger them

MEM62

SueP19 wrote: »

He has received a claim form about a debt from the court, prior to a CCJ being issued

So he did not defend the claim then. Why not? The Court will want to know.

Marktheshark

How old is this debt ? VERY IMPORTANT INDEED
Did he sign anything to get a loan ?
If he did not he should file a "no contract" defence
They can not sue him for a loan he did not sign for.

SueP19

The original loan was over 6 years ago but the last payment was less than that.
No he did not sign, the loan was in my name and only I signed
So what do I put on the form that he didn't enter into a contract with H*BC and that I did, I have proof
Thanks

molerat

As above, if he is not a signatory or guarantor to the loan then fill in the form defending on no contract / owes no debt to the company. It is up to them to prove he has a debt, generally impossible without signed paperwork. You do not need to admit or do anything, again it is up to them to identify and submit papers to the correct person.

Marktheshark

Same as above admit nothing else, he has to file a defence by using the court forms only.
Use the defence he has no contract with this loan company and never has taken out a loan with them.
Request £90 in expenses for his time in attending court.