CCJ from credit card 2010

Thrugelmir

WhyNot? wrote: »

Why is the CCJ in your name, when the debt was accrued by your ex fiancee?

As the OP said.

card was soley in my name

WhyNot?

Thrugelmir wrote: »

As the OP said.

card was soley in my name

Sorry, my mistake

But then, in the normal course of events, the OP would have received their next monthly statement either clearly showing the amount paid off in full as the OP believed their now ex-finacee had done, or not as the case appears to actually be; that would probably have made the fiancee an ex much sooner. :cool:

(Unless the OP/the fiancee was paying off the credit card in full every month, then there would have been some residual interest accrued on the account despite the finacee saying it had been paid off in full)

Or perhaps this is yet another example of yet more post going missing - another reason it should be brought to the attention of the appropriate authorities.

fatbelly

xcakex wrote: »

Hi


Thanks all for advice yes quite rightly so ex is so untrustworthy (looking at it now he most prob has not paid it off) and we do not have contact any longer i have no address or numbers for him, i will write and acknowledge debt yet figure is most def wrong from what it ever was, so do i place the amount i remember it being 3 years ago? will this be available on my credit file also to view? and will send a list of expenditure and offer payments on a monthly basis im self employed which doesnt help as dont have a set income.

Any further advice be greatly received i will ring step change too for advice.

Thanks

You're going to acknowledge service of the claim, not acknowledge the debt.

You should be able to do this online as long as there is a password on the first page of the claim document.

You must keep an eye on timescales. The claim should have an issue date and it is deemed to be served 5 days after this. You then have 14 days to respond to or acknowledge service of the claim, and if you do the latter you do not have to respond until 28 days after service.

The best place for help with these things is

http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

BadBehaviour

Any chance your ex could have hidden letters etc regarding the default?

I ask because my partner's (soon to be ex) mother ran up a debt in his name (he knew she had bought something off a catalogue in his name and thought she was paying it).

He got a CCJ but never had any correspondence about it. Only found out when credit-checked by estate agent for a property. Most likely she had hidden letters.

xcakex

BadBehaviour wrote: »

Any chance your ex could have hidden letters etc regarding the default?

I ask because my partner's (soon to be ex) mother ran up a debt in his name (he knew she had bought something off a catalogue in his name and thought she was paying it).

He got a CCJ but never had any correspondence about it. Only found out when credit-checked by estate agent for a property. Most likely she had hidden letters.

Hi

Thanks for all info & advice I have been in touch with Step change debt line they have been a huge help. Yes regarding the ex and previous history it looks like he has not paid the debt off, however this still doesn't answer receiving no mail in around 3/4 years or phone calls or emails off the debt company, they have my address and i have moved yet have mail redirected. I dont get monthly statements as some have stated as it has been held with Scotcall for around 6 years now and Restons are now the ones dealing with it yet have had NO contact from them nor there legal procedure on informing me of the outstanding debt.

Hopefully this can be resolved

fatbelly

It either needs to be defended or you admit owing this sum and ask for an order to pay in instalments. I can't see it being resolved without Restons pushing for a ccj in default, which they will do if you don't respond within the timescales. Stepchange are not always the best for advice on defending claims.

The best place for help with these things is

http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

Lemonsqueezer78

Does anyone know know if it could be worth the OP doing a "Prove It" for this?

If they do fail to substantiate the debt and comply fully with CCA, couldn't that render the debt unenforceable?

Or are the effectively out of time now a claim has been received?

fatbelly

Lemonsqueezer78 wrote: »

Does anyone know know if it could be worth the OP doing a "Prove It" for this?

Too late for that.

OP - you first posted that you had received a claim form 14 days ago.

Have you responded to it?