Ccj

happydays_70

I have been asked by a friend the following. I didn't know the answer. Thought someone on here might be able to help.


She went on holiday with her boyfriend and both sets of children last summer. He arranged it and paid for the holiday. She paid for food shopping when they got there.


They split up in December. He has texted her to say he is issuing a CCJ for half of the money. She is clearly shocked as this had never been an issue when they were together.


Any advice appreciated.

sourcrates

Look at it this way, a creditor cant obtain a CCJ against a debtor Unless they can produce the original contract, or convince a judge it once existed.
The same applies here, unless there was a written contract, signed by both parties, then he doesn't have a leg to stand on.
Sounds more like a tit for tat sour grapes thing to me, tell her not to worry about it.

happydays_70

What about small claims court? Could he try that?


Thank you for your reply by the way sourcrates x

sourcrates

happydays_70 wrote: »

What about small claims court? Could he try that?


Thank you for your reply by the way sourcrates x

Yes he could, but again, he would have to produce evidence of a contract between them, no contract, no evidence, so you would defend any claim on that basis.

fatbelly

You don't issue a ccj, you issue a claim.

If the court agrees with the claim or if it isn't defended the court issues a county court judgement (ccj) that the money is owed.

It's easy to start a claim - it's also easy to defend if (as in this case) the claim is tosh. The key is not to ignore it, and to respond within the timescales.

happydays_70

Thanks for your comments fatbelly and sourcrates.
Forewarned is forearmed as they say.
Totally out of the blue.

happydays_70

Did a little more research this morning. Spoken to CAB - he can go to the small claims court but it is whether the judge agrees on the day with him. Wow!!

pogofish

happydays_70 wrote: »

He has texted her to say he is issuing a CCJ for half of the money.

Any advice appreciated.

Laugh. You don't just "issue" a CCJ - you have to go to court and win first. The chances of that happening in this kind of scenario are slim indeed - unless he can prove beyond reasonable doubt that she agreed to pay the amount. So unless she has sent texts, emails, spoken in front of witnesses or written anything to that effect, she's nothing to worry about.

So if she is in the clear, simply file this and inform him that any more communication will be treated as harassment - and yes, persistent demands for money/spurious legal claims directed at an ex is a recognised controlling/harassing tactic.

happydays_70

Thanks pogofish..hope so.
The CAB said they would help to put together a counter claim if needs be.

McKneff

The man is an idiot !!!!
If he takes her to court, tell her to counter claim for all the food etc.

Marktheshark

I would tell her to issue a warning he must desists from harassment which he will ignore and she can then send the police round to issue him one which he must sign as received or face arrest.