CCJ Defence And incorrect name

Wozzer999

Hi all can anyone please help !

I have just received a CCJ in the post today, unfortunately this is in the incorrect name ( first Name ), but the claim number is also on my wife’s court papers in which we filed a defence, I received paperwork last week stating this case is now being defended and was given another date respond which is over 3 weeks away, why would my I receive the judgement for the full amount ( in the wrong name ) for the full amount ?
Not sure what to do because when I received the paperwork my wife put an immediate defence in as we don’t owe all the money just some which I have noted on the court papers.
The claim number is the same on both of our paperwork’s.

Any ideas it would be much appreciated

[Deleted User]

Contact the court and the debtor

PixelPound

was the claim form in joint names? Is the Claim number the same for both?

Wozzer999

Yes the claim number was the same , but there was 2 separate lots of paperwork sent in each name and same address, the first one was in the incorrect forename but the second one in my wife’s name was correct that was the one we put the defence in and got the reply by saying this claim is now being defended

National_Debtline

Hi Wozzer999


As you and your wife both received your own court claims, you were both required to respond to them. As your wife has entered a defence for her liability, that will be going through the usual defence process. But unfortunately as they had no response from you they have made a CCJ against you.


Were you trying to defend the claim because your first name was wrong? If it was a minor spelling mistake it would not be grounds for disputing that you owe the debt, and it would not give your wife any grounds to defend her liability I'm afraid.


Susie
@natdebtline

Wozzer999

Hi I have spoken to the court today and they said there is no CCJ been registered against me, i then contacted the claimants and they said they would come back to me but they said they was only acting on the information they was given.
Do I still proceed with my questioner which has to be in for the 8th they are going for all the amount and nothing is split.
It’s driving me mad on the phone for 1 hour today.
They did say that if a bailiff turned up they couldn’t do anything as I would have to prove my name which obviously would be easy.
Any more help would be appreciated.

National_Debtline

Hi there,


If the debt was originally in joint names, it creates joint and several liability, which means you are each responsible for 100% of the debt owing separately and together (so I am afraid there is no split regarding liability). With regard to filing a partial defence, you should've also filed a partial admission for the element of debt that you owe, and a payment offer - if you are unable to pay in full.


It is a bit unclear who has responded to what, so you may wish to speak to one of the free debt charities for more clarity, or get some legal advice. It is important to reply to paperwork you receive from the court regarding these claims as failure to do so could result in a judgement by default.


Laura
@natdebtline