can ccj be set aside?

staceysdad

hi all and merry xmas
last year a good friend of mine was asked by her brother in law if he could use her name for 1 month and become director of his business he said after 1 month he would take her name off the company and replace it with someone else......she is very naive has some mental health problems and is suffering post natal depression.
last week she received a bailiffs letter stating she owes 6k to a supplier to the business and had been to  court in april and a ccj was registered against the ltd company AND in her personal name and address...she only knew about this when letter came last week and obviously brother in law hid paperwork from her.
brother in law says he will pay the bailiffs soon but the damage has been done to her credit and she wants a mortgage sometime in the future
do you think theres any chance of overturning this judgement?
btw she had nothing to do with this business apart from her name being used as director
help greatly appreciated

Carrot007

yes there is a chance. it would likely require her to report her BIL for fraud. I'm guessing that is a no go?

staceysdad

her husband wouldnt allow this but wonder if she made an application to her local court stating she received no paperwork (which is true) could she be issued a new ccj which would be promptly paid and therefore not registered on her credit file

waamo

If it was sent to the correct address then she got it unless she can demonstrate she didn't. Without explaining why she didn't receive the paperwork she stands no chance.

staceysdad

the brother in law lives with her family and picks up the mail on his way to work each morning

its obvious he committed a fraud against her but wonder how a court would view this
she just wants ccj removed from credit file

macman

Her husband doesn't have to 'allow' it: though why he wouldn't is beyond me: she doesn't need his permission to report criminal fraud. Why is he defending his bother's actions?
The CCJ will remain in place for six years unless she reports the crime: there is no way around this.
Non-receipt of the paperwork does not wash, all that is necessary to demonstrate is that the plaintiff/court sent it to the last known address on file.

Thrugelmir

CCJ will be against the limited company not a director personally. Directors only have liability if a personal guarantee is given. Sounds as if someone is attempting to defraud the supplier. 

staceysdad

he gave her papers to sign last year she didnt read any simply trusted her bil not to put her in trouble
one of the papers was likely a personal guarantee which enabled him to secure credit from his supplier (either this or he would of forged her signature)

Thrugelmir

As a Director of the company your friend needs to be proactive and find out what's been going on. 

staceysdad

thank you all for the replies
she has talked this over with her husband and they have agreed to do whatever it takes to get this ccj removed
if she fills in form n244 outlining what i said in my opening post do you feel this ccj has any chance of being set aside?

trust you all had a fairly happy xmas (considering these bleak times) and thanks in advance for any advice

Thrugelmir

Nothing in your opening post is actually a defence against the claim. Your friend became a Company director that's a fact. Why wasn't her husband asked to be a director?