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Advice on disputing a ccj
Glittabug
Posts: 2 Newbie
Hello please can anyone help.My husband has found out he has a ccj from being a guarantor to his daughter.She had problems paying the rent and refused to pay due to bad conditions of mould and other things wrong in flat,landlady agreed to sort and didn't so debt got higher and his daughter got evicted.She got a ccj against her and was meant to pay instalments but didn't,,his daughter didn't inform him of what was going on.We applied to remortgage and this is how we found out about the ccj in my husbands name from the landlady.We want to disput due to these facts and want to know if we have a case or next steps.
1. Husband was in Thailand and faxed guarantor sheet to sign about 2.30am in an Internet cafe,he was not advised on any information and was told needed to be done quickly so he didn't really read information on sheet.( normal guarantor details if tenant defaulted)
2 The agreement he signed by fax in Thailand but was said to be witnessed( this was someone in estate agents letting agency in the UK that the landlady used after fax was returned to letting agent) :but he was alone in Thailand
3. Never received warning he was getting a ccj,doesn't live at that address any longer and didn't know needed to inform of change of address as didn't think he was guarantor anymore as his daughter had been evicted.
4 Two months into the tenacy his daughters landlady changed letting agencies,he was not informed of this either.
5. He never received a copy of the tenacy agreement.
What I would like to know is he able to dispute has s ccj as his signature asnt witnessed as out of the country,landlady changing agencies not informing him and never seeing tenacy agreement on these grounds or is he still liable.Tthank you in advance
3
1. Husband was in Thailand and faxed guarantor sheet to sign about 2.30am in an Internet cafe,he was not advised on any information and was told needed to be done quickly so he didn't really read information on sheet.( normal guarantor details if tenant defaulted)
2 The agreement he signed by fax in Thailand but was said to be witnessed( this was someone in estate agents letting agency in the UK that the landlady used after fax was returned to letting agent) :but he was alone in Thailand
3. Never received warning he was getting a ccj,doesn't live at that address any longer and didn't know needed to inform of change of address as didn't think he was guarantor anymore as his daughter had been evicted.
4 Two months into the tenacy his daughters landlady changed letting agencies,he was not informed of this either.
5. He never received a copy of the tenacy agreement.
What I would like to know is he able to dispute has s ccj as his signature asnt witnessed as out of the country,landlady changing agencies not informing him and never seeing tenacy agreement on these grounds or is he still liable.Tthank you in advance
3
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Comments
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Sorry for errors keypad playing up0
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If you believe that the guarantee was not valid and/or other grounds where it could have been defended had he known about it, you may be able to have it set aside.
See: https://www.nationaldebtline.org/EW/factsheets/Pages/12%20EW%20County%20court%20-%20how%20to%20set%20aside%20a%20judgment/Default.aspxFree/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0
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