can ccj be set aside?

staceysdad

her husband was not asked...his wife was asked because she is naive and suffering post natal depression which the bil used to his advantage

kaMelo

As part of the set aside process you are required to give a credible defence as to why you don't owe the money. Just saying "I don't owe it" is not enough. 
Being a victim of a confidence trick is a credible defence.  Confidence tricks however are a criminal offence. Using that defence against a CCJ could lead to her being required to give evidence against her husband's brother in a criminal investigation.
(This is completely separate to any of the dodgy dealings going on when he got her to sign as a director)

Definite

If what you are saying is true, the BIL is a con artist and her best course of action would be to call the police and let them sort him out. 

XoCAlop

staceysdad said:

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

Hi merry Christmas to you too , 

no chance of a CCJ getting put aside. It will be stuck with you for 6 years , if you want it to be removed , pay the CCJ in full and then it will be removed within two months. 

Either suffer the hard way and get no credit , or pay your way and get credit , 

good things come to people who wait 👍🏼