Ccj

babylunatik

Hi everyone I know you much have head this a million time. But need some advice on this probably don't have a leg to Stand on because it was down to me not doing my due diligence.

In 2014 not knowing anything about business went into a partnership with a then friend of mine. We both was kind of new to business so didn't have anything drawn up legally because it was a tiny venture. First mistake.

The business involved buying wholesale veg and resell. Lasted 6 months because it was starting to go into massive debts because I was in full time employment and couldn't be there.

Long story short the property rented was in my name and I cleared all the debt and they was to clear the rent.

I have just went for a house to rent and they did a credit check on me and found that I have a ccj out in my name from 2016. Which I didn't know about because they didn't pay the rent off fully. The ccj is in my name to an address in London which I knew nothing about. Never lived there. But I think my then business partner had changed it with the estate agents. When I signed up for the property the had all my information including my current phone number and no one contacted me. Now I have a ccj which affecting my credit score. Advice please

I wasn't contacted about any of this. Haven't spoken to this person since business went down, and found out they agreed to pay £50 pounds a month to cleared debt. How can they be allowed to do something in my name?

MEM62

I think you are right, you don't have a leg to stand on.

Basically, you left it to someone else to settle a debt that was in your name and therefore your liability. They failed to do so, you effectively stepped away from the situation instead of checking that it was paid and you have ended up with the CCJ.

GM1880

I’d be inclined to get legal advice on this. If your business partner changed your address to something else without your consent on a credit agreement which wasn’t in their name, then you may have a case i’d Have thought?

MEM62

GM1880 wrote: »

I!!!8217;d be inclined to get legal advice on this. If your business partner changed your address to something else without your consent on a credit agreement which wasn!!!8217;t in their name, then you may have a case i!!!8217;d Have thought?

Might be worth a free consultation with a lawyer but the OP has two sizeable hurdles. Firstly, as there was no formal partnership agreement it will be difficult to establish (a) whether there was a partnership in the first place and (b) how the assets and liabilities of that partnership were split. The second hurdle is that the debt was in the sole name of the OP and, other than and informal agreement with someone that they no longer have contact with, the OP took no action to see that the debt was paid. With that level of disinterest in what is his personal debt the OP is going to struggle to say the least to convince a court to overturn judgement.

antrobus

Partners have Joint and Several Liability for partnership debts.

https://www.companyrescue.co.uk/guides-knowledge/guides/joint-and-several-liability-in-partnerships-3861/

Thus, even if the OP could prove that a partnership existed, it would not change the fact that they are liable for the debt.

The OP might or might not be able to recover the money from their ex-partner. That's where a solicitor would be useful.

PixelPound

So the rental company must have supplied the address to the court. If it was served to an address you never lived at then seek legal advice. Claims can be served to last known address, but if it was served to an address you have never lived at, then could be justification for set aside. Have you no link to that address, former business premises etc?

babylunatik

nic_c wrote: »

So the rental company must have supplied the address to the court. If it was served to an address you never lived at then seek legal advice. Claims can be served to last known address, but if it was served to an address you have never lived at, then could be justification for set aside. Have you no link to that address, former business premises etc?

If I didn't do the credit check to get this property would have never known this had happened. I have no clue where this property in London is. I'm living In Portsmouth. The estate agent never contacted me. The judgment etc is in an address in london

babylunatik

I'm wondering if I can apply for it to be set aside. Because I wasn't informed and there's a wrong address on it. Do you think its worth spending the money?

mcpitman

babylunatik wrote: »

I'm wondering if I can apply for it to be set aside. Because I wasn't informed and there's a wrong address on it. Do you think its worth spending the money?

Nope - not worth it.

babylunatik

OK how does a ccj satisfied affect your credit score

[Deleted User]

babylunatik wrote: »

OK how does a ccj satisfied affect your credit score

It doesn't as the scores are made up.

It will affect your credit history and your ability to obtain credit in the future