CCJ Threatened

Fozzvaldo

Thank you sound advice :-)

Xbigman

There are two things here.

1. Do you owe the money? I think the answer is yes you do. If there is joint liability it is not half each, you are both liable and you are the one they are taking to court. Tell them you have paid the other person liable by all means but don't expect anything other than a CCJ against you. It is up to you to get the other party to pay their half (or get your money back as in this case).
There is a possible defence. In your first post you didn't know it was in joint names. Did you ever sign any sort of agreement with the supplier? Ask them for a copy of any agreement you signed. If they can't supply it your defence would be that you are not liable.

2. How much do you have to pay? Fill out the income and expenditure forms from the court and return them. The court will set an amount you can afford. If you are concerned about not having a CCJ then you need to pay this off before the court hearing if you can.
Regards




X

Fozzvaldo

Well a further phone call and i have agreed a payment plan with them I have even received a written guarantee that if i stick to the agreement the CCJ won't be proceeded with. Incidently i didn't sign any agreement no. The landlord contacted the supplier I think. We didn't deal with it at all. Are you saying I have a loophole to not pay??

Xbigman

If you have arranged a payment plan then you have pretty much admitted liability and your best bet is to keep paying.
As to a loophole. No its not a loophole but it would have been a defence in court that there was no signed agreement that would have put you in a good position to get favourable terms. Even in the event that you could deny liability someone would have had to pay and it could have come back to you via the landlord if your lease put the responsibility for paying the utilities on you and the other occupiers.

I think you have a reasonable result in the circumstances.
Regards



X