Will a CCJ in my name effect my parents and siblings

AdvicePlease17

Hi everyone. I'm so glad I've finally found somewhere where I won't be judged.

I'm 23 and have struggled with severe debt now for years due to racking up stupid amounts on credit cards and loans, after I turned 18. At 21 I stopped taking these things out but it was too late.

Most of my debts are now under repayment plans, however I have a £9,000 loan with Amigo, that I jointly took out with my girlfriend back in 2016 that has now turned into a CCJ. Neither of us could keep up the repayments. My girlfriend had to quit university as she was in a car accident and I lost my job as a plumber not long after. I have since found another job, but it barely covers my bills let alone paying Amigo off too. We tried to offer reduced payments, of course and work our debts out, but we found out today they were submitting our case to court.
Of course we owe the money to Amigo so the court will rule us both with a CCJ. We never intended to reject the debt or deny it.

My issue is that I'm living with my parents and adult siblings. My parents own the house and are very proud people. I'm terrified that they will hear of my CCJ due to people knocking on the door or threatening to repossess their home. I've never once stated that I own my own home, I also don't have a car or anything like that - however both of my parents do, and so does my brother - all in their own names. I'm planning to move in with my girlfriend next year, however she is currently in a council property due to being disabled and needing help.

Will my CCJ effect them or is it just a personal matter? I've no idea how CCJs work so I'm very worried and disappointed in myself.

sourcrates

Hi

A county court judgement will only affect you and your girlfriend.

They are tied to the individual, not any particular property.

If the court set too high a monthly payment, you can apply to have it reduced to a more affordable amount, as long as the payments are made on time, no further action can be taken.

Don’t beat yourself up over this, many people make the same mistakes, the thing is to learn from it.

fatbelly

It sounds like you have not had your court claim yet. When you do, this is a guide on how to reply.

https://www.nationaldebtline.org/EW/factsheets/Pages/replyingtoacountycourtclaim/replyingtoaccj.aspx

This debt will be a higher priority than the others so existing repayment plans may need rejigging. You may benefit from a proper debt management plan and a chat with stepchange or payplan.

Just_Di

AdvicePlease17 wrote: »

I have a £9,000 loan with Amigo, that I jointly took out with my girlfriend back in 2016 that has now turned into a CCJ. Neither of us could keep up the repayments.

. . . . we found out today they were submitting our case to court.
Of course we owe the money to Amigo so the court will rule us both with a CCJ.

. . . . I'm living with my parents and adult siblings. My parents own the house

. . . . I've never once stated that I own my own home, . .

Will my CCJ effect them or is it just a personal matter? I've no idea how CCJs work

May I ask two things

Firstly is/was this an Amigo Guarantor Loan?

Secondly have you just received the court claim form but not a CCJ (J = Judgment Order)?

If it's the claim form you will have 19 days from the claim Issue Date to go online and file the Acknowledgment of Service online where you can tick the box to state you "intend to defend all of the claim" which gives you 33 days from the claim Issue Date to file your Defence.

During that time you can see if you have a Defence to the claim which may depend on the answer to my first question (Guarantor Loan?). Seek advice on whether there is/was an issue with affordability and/or irresponsible lending etc. which is explained here (it's too late for the FOS if a claim has been issued but it could become part of your Defence or Counterclaim) > https://debtcamel.co.uk/how-to-complain-guarantor-loan/

Was there any PPI?

In the meantime I would send a s77-79 CCA Request to Amigo to see if they can produce a compliant credit agreement.

In order to be successful in court they would also have to prove that they've complied with all their other statutory duties such as a compliant Default Notice etc.

The debt will not have any financial impact on your parents unless it was a Guarantor Loan and they were involved in some way, but from what you say that probably wasn't the case.

If you get to the stage when you file a Defence then you should be given the opportunity to settle this claim with free telephone Mediation which is not a CCJ albeit a legally binding agreement.

Or have you already received a Default Judgment because you didn't respond to the claim form by the deadline?

Or have you received a Letter Before Claim saying that they intend to issue a court claim in 30 days?

A little more detail would be helpful.

Di

AdvicePlease17

Hi there. Firstly would like to say thank you for everyones replies :-)

A little extra information-
About a month ago we both got a form from Amigo that basically included a pack. In this pack we had to fill out our monthly costs and offer them a repayment plan. This wasn't a CCJ or anything to do with court - it was just Amigo wanting to arrange repayments.
We complied with this and both offered £35 a month. £70 in total.

They told us at the time that they had accepted this repayment but would review our case on the 7th January.
Today they reviewed the case and told us they were submitting it to court because we couldn't pay the loan back in a reasonable amount of time. It was either that or we offered higher monthly repayments, which we can;t afford to do.
I've got an appointment at citizens advice tomorrow. I'm not sure what will happen from here. A part of me believes that it may just be a threat that they are trying to send us to court because we HAVE offered payments every single month, just not the amount they have wanted.

Just_Di

AdvicePlease17 wrote: »

Most of my debts are now under repayment plans, however I have a £9,000 loan with Amigo, that I jointly took out with my girlfriend back in 2016 that has now turned into a CCJ. Neither of us could keep up the repayments.

. . . I have since found another job, but it barely covers my bills let alone paying Amigo off too. We tried to offer reduced payments, of course and work our debts out

. . . I also don't have a car or anything like that

Maybe take the opportunity to discuss all your other debts with the CAB at your appointment tomorrow too?

It's not fair that the ones who makes the most noise with pressure and bullying should get the lion's share of what little money you have to spare.

Good luck tomorrow and post up what solutions are offered during the meeting.

Di

David2Prit

So by sounds of it, they haven’t issued you with court papers? I would follow,Di’s advice and look at this route for the time being.

Seek advice on whether there is/was an issue with affordability and/or irresponsible lending etc.

It may also be worth, saying to them that the SOA you gave to them are the same as the court will get, so easier for them to accept that now and hopefully in near future as you both get back on your feet you can increase.
I had this with a previous company that will remain nameless. Went to court and the court actually decided I could only realistically afford a lower payment than the one I offered. That made me chuckle.

Best of luck