CCJ - Set aside?

toppo

Basically I’ve just recently checked my credit score and it turns out I now have a CCJ (in the last month or two). The thing is it was my partner that took that debt out in my name and told me he would pay it, he hasn’t done and I now have a CCJ. Letters were sent to the address but he picked some of them up and never gave them to me, I opened a few but I have really bad anxiety and could never bring myself to call and we had moved house when I got the income form etc about the CCJ. I’ve just had a baby 4 months ago and I’m meant to be starting as a trainee accountant in September and this could potentially stop that. He’s taken out several debts in my name or asked me to take them out for him and told me he would pay them (at the time I had no income). Do you think these are reasonable grounds for the CCJ to be set aside? I’m hoping to get a grip and ring the other people I have debts with and sort them out before they end up in a CCJ.

[Deleted User]

No. The debts are in your name and any arrangement with your partner is purely between the two of you.

[Deleted User]

Really you should report him for fraud as this has had a knock on affect on you.

I don't know whether this will have the grounds for it to be set aside.

macman

If he forged your name on the paperwork unknown to you, then you would need to report it as fraud to get the CCJ removed. If you agreed to him using your name on the application, then the debt is valid and is 100% your responsibility, not his.

National_Debtline

Hi toppo and welcome to MSE,


Unfortunately, it does seem like you gave your partner permission to take out the debts in your name, which means they wouldn't be fraudulent if that was the case. When you apply to set aside a CCJ the court will normally assess why you didn't reply to the other original claim forms, how promptly have you applied to set aside the judgement and do you have a realistic prospect of a defence. You would need legal advice, but if your only grounds are that your partner didn't pay what he promised, then I am sorry to say that won't be enough on its own.


To remove the CCJ from your credit file you would need to pay it in full within one calendar month (or successfully defend/ set aside a CCJ). If it is not possible to do these things now (meaning the CCJ will remain) then you will need to check whether you can continue with your course/ in that field, with a CCJ.


Laura
@natdebtline