Discussion
Trying to help a friend with her finances and wondered if you could help with the following, she had never seen her credit file until last week so bear that in mind.
CCJ showing on all 3 credit agencies from 2016 for £900, she was unaware.
It transpires that it was when she was with her husband at the time (2012, she left him 2017 due to financial concerns) , divorce pending at the moment.
He was self employed with poor credit so he used her details to open a account online to buy a laptop for £650 (she was aware of this) and she signed for it so no problem with that at all, she knows that becomes her debt.
After this date he never paid the payments and binned all the letters so she never knew until last week. He didn't do anything wrong in terms of opening the account, she knew what it was for but didn't know he never paid for it and even binned all the court paperwork so she never went to court about it.
Now she has a CCJ against her but its already run 3 years. Laptop was bought 2012, CCJ was 2016.
Couple of questions
I wrote the court and they have provided the details listed above and although the debt was for £750 including interest the CCJ shows on the credit agencies for £900. Why the lift - is that court costs?
We don't believe anything has been paid but didn't want to dig too deep at the moment.
We know the debt is against her and she willingly signed for the laptop so no contesting it from her side, she is just annoyed he hid the bills etc from her and the court docs as she would have paid it if she had known to avoid a CCJ (she has no others)
What does she do now? 3 years to run on the CCJ then it disappears off her credit file and she just moves on?
If she paid the debt off in full the CCJ wont disappear so is it worth it from her side, is there a benefit to paying it off?
Does she appeal and say he hid it from her and they should pursue him (seems a waste of time as she signed for it knowingly at the time but trusted him to make the payments as she was married to him)?
What next, let it run for 3 years until it disappears or do something now?
Thanks in advance.
CCJ showing on all 3 credit agencies from 2016 for £900, she was unaware.
It transpires that it was when she was with her husband at the time (2012, she left him 2017 due to financial concerns) , divorce pending at the moment.
He was self employed with poor credit so he used her details to open a account online to buy a laptop for £650 (she was aware of this) and she signed for it so no problem with that at all, she knows that becomes her debt.
After this date he never paid the payments and binned all the letters so she never knew until last week. He didn't do anything wrong in terms of opening the account, she knew what it was for but didn't know he never paid for it and even binned all the court paperwork so she never went to court about it.
Now she has a CCJ against her but its already run 3 years. Laptop was bought 2012, CCJ was 2016.
Couple of questions
I wrote the court and they have provided the details listed above and although the debt was for £750 including interest the CCJ shows on the credit agencies for £900. Why the lift - is that court costs?
We don't believe anything has been paid but didn't want to dig too deep at the moment.
We know the debt is against her and she willingly signed for the laptop so no contesting it from her side, she is just annoyed he hid the bills etc from her and the court docs as she would have paid it if she had known to avoid a CCJ (she has no others)
What does she do now? 3 years to run on the CCJ then it disappears off her credit file and she just moves on?
If she paid the debt off in full the CCJ wont disappear so is it worth it from her side, is there a benefit to paying it off?
Does she appeal and say he hid it from her and they should pursue him (seems a waste of time as she signed for it knowingly at the time but trusted him to make the payments as she was married to him)?
What next, let it run for 3 years until it disappears or do something now?
Thanks in advance.
She has a CCJ on record because a court hearing (which she obviously wasn't at) determined money is rightfully owing. She can ignore it for the next three years but that debt is still on record and could still be inforced by whomever is owed. They've possibly not bothered for a small sum but still could.
Ultimately, and unfortunately, it is her debt. She can pursue the ex for the costs in a separate civil court later if she wants but theres no point trying to pass the debt off at this point cos it's her name on it.
If she pays it off it will at least show as satisfied or, she could start the process of having the judgement set aside (£250 ish) - go to court and appeal to a hearing judge that she wasn't aware of this debt and explain the circumstances. Hopefully the judge will set it aside, she pays, then the CCJ can be removed from the record.
Ultimately, and unfortunately, it is her debt. She can pursue the ex for the costs in a separate civil court later if she wants but theres no point trying to pass the debt off at this point cos it's her name on it.
If she pays it off it will at least show as satisfied or, she could start the process of having the judgement set aside (£250 ish) - go to court and appeal to a hearing judge that she wasn't aware of this debt and explain the circumstances. Hopefully the judge will set it aside, she pays, then the CCJ can be removed from the record.
Edited by E36GUY on Wednesday 5th June 15:35
I was under the impression that after the CCJ time has lapsed (so after 6 years from issue), the debt is still there, but no longer enforceable; given that the creditors would have had more than enough time to try and reclaim the amount.
They will probably still send letters, but she would not receive another CCJ for the same debt, and her credit record would also be clear of it.
If she wanted to contest it, then she would need to fill out a N244 (i think), to set aside the CCJ.
Although the application to the courts is about £255.
She can the have her time in court to ask for the CCJ to be set aside because she never received any of the letters/claim forms, because of the actions of her ex.
Whether the courts accept this or not, is up to them, but it could allow her the chance to pay off the debt to the creditors and wipe the CCJ from her name.
Although to be fair, if there is no need for credit, just wait it out.
They will probably still send letters, but she would not receive another CCJ for the same debt, and her credit record would also be clear of it.
If she wanted to contest it, then she would need to fill out a N244 (i think), to set aside the CCJ.
Although the application to the courts is about £255.
She can the have her time in court to ask for the CCJ to be set aside because she never received any of the letters/claim forms, because of the actions of her ex.
Whether the courts accept this or not, is up to them, but it could allow her the chance to pay off the debt to the creditors and wipe the CCJ from her name.
Although to be fair, if there is no need for credit, just wait it out.
Edited by bunchofkeys on Wednesday 5th June 16:01
E36GUY said:
She has a CCJ on record because a court hearing (which she obviously wasn't at) determined money is rightfully owing. She can ignore it for the next three years but that debt is still on record and could still be inforced by whomever is owed. They've possibly not bothered for a small sum but still could.
Ultimately, and unfortunately, it is her debt. She can pursue the ex for the costs in a separate civil court later if she wants but theres no point trying to pass the debt off at this point cos it's her name on it.
If she pays it off it will at least show as satisfied or, she could start the process of having the judgement set aside (£250 ish) - go to court and appeal to a hearing judge that she wasn't aware of this debt and explain the circumstances. Hopefully the judge will set it aside, she pays, then the CCJ can be removed from the record.
Agreed. Taking the ex to court isn't really worth the hassle to her. Its pay it or leave it there. She doesn't need credit and they haven't chased her at all so she just thinks she should leave it there.Ultimately, and unfortunately, it is her debt. She can pursue the ex for the costs in a separate civil court later if she wants but theres no point trying to pass the debt off at this point cos it's her name on it.
If she pays it off it will at least show as satisfied or, she could start the process of having the judgement set aside (£250 ish) - go to court and appeal to a hearing judge that she wasn't aware of this debt and explain the circumstances. Hopefully the judge will set it aside, she pays, then the CCJ can be removed from the record.
Edited by E36GUY on Wednesday 5th June 15:35
scoey1001 said:
Why is she checking now? need a mortgage/loan etc.? If not then i would just say leave it to run out the 3 years. Saying that as above there is not much you can do really.
It was me that suggested it. I am trying to help her sort her finances so it was the right place to start.Stella Tortoise said:
It really depends on two things, whether she needs credit or not and whether the creditor chases for the money.
If neither apply then she could try her luck at ignoring it for another 3 years.
yep neither apply so waiting 3 years and seeing it disappear could be the end of it, I hope?If neither apply then she could try her luck at ignoring it for another 3 years.
bunchofkeys said:
I was under the impression that after the CCJ time has lapsed (so after 6 years from issue), the debt is still there, but no longer enforceable; given that the creditors would have had more than enough time to try and reclaim the amount.
They will probably still send letters, but she would not receive another CCJ for the same debt, and her credit record would also be clear of it.
If she wanted to contest it, then she would need to fill out a N244 (i think), to set aside the CCJ.
Although the application to the courts is about £255.
She can the have her time in court to ask for the CCJ to be set aside because she never received any of the letters/claim forms, because of the actions of her ex.
Whether the courts accept this or not, is up to them, but it could allow her the chance to pay off the debt to the creditors and wipe the CCJ from her name.
Although to be fair, if there is no need for credit, just wait it out.
Thanks but a lot of hassle and shes not up for that. Its pay it or leave it be.They will probably still send letters, but she would not receive another CCJ for the same debt, and her credit record would also be clear of it.
If she wanted to contest it, then she would need to fill out a N244 (i think), to set aside the CCJ.
Although the application to the courts is about £255.
She can the have her time in court to ask for the CCJ to be set aside because she never received any of the letters/claim forms, because of the actions of her ex.
Whether the courts accept this or not, is up to them, but it could allow her the chance to pay off the debt to the creditors and wipe the CCJ from her name.
Although to be fair, if there is no need for credit, just wait it out.
Edited by bunchofkeys on Wednesday 5th June 16:01
It should be noted that a CCJ is not statute barred.
The debtor remains liable for ever, and it can even be collected by the creditor from their estate on the debtors death.
It does disappear from the credit records after 6 years though.
The debtor remains liable for ever, and it can even be collected by the creditor from their estate on the debtors death.
It does disappear from the credit records after 6 years though.
Edited by Stay in Bed Instead on Thursday 6th June 15:54
interstellar said:
Stella Tortoise said:
It really depends on two things, whether she needs credit or not and whether the creditor chases for the money.
If neither apply then she could try her luck at ignoring it for another 3 years.
yep neither apply so waiting 3 years and seeing it disappear could be the end of it, I hope?If neither apply then she could try her luck at ignoring it for another 3 years.
You'll get excellent advice over here:
https://all-about-debt.co.uk/
They're nothing like the CAB and are proactive.
Cold said:
Why not have the amount included in whatever divorce settlement is arranged?
She walked away due to financial issues so she wants nothing and wouldn’t get anything. She knows this is hers so need to suck it up and move on.Since there split he hasn’t worked and has nothing.
Her divorce will be straightforward with nothing going either way and no kids under 18. He’s a nightmare so will be difficult enough getting him to sign the paperwork .
Boosted LS1 said:
interstellar said:
Stella Tortoise said:
It really depends on two things, whether she needs credit or not and whether the creditor chases for the money.
If neither apply then she could try her luck at ignoring it for another 3 years.
yep neither apply so waiting 3 years and seeing it disappear could be the end of it, I hope?If neither apply then she could try her luck at ignoring it for another 3 years.
You'll get excellent advice over here:
https://all-about-debt.co.uk/
They're nothing like the CAB and are proactive.
There are separate rules regarding enforceability of a CCJ which is over 6 years old, but in my experience working in this industry, the Courts don't bar enforcement often (as alluded to above).
interstellar said:
I am surprised they haven’t written to her.
Her credit report shows her current address which is different to when the debt was taken out and she shows on the electoral role at her current address also so they obviously aren’t trying very hard.
If they do bother pursuing the debt, the next stage would probably be to move it to High Court and then either send collection agents or (if she owns a property) to get an interim charging order over the house making it a secured claim.Her credit report shows her current address which is different to when the debt was taken out and she shows on the electoral role at her current address also so they obviously aren’t trying very hard.
If she acknowledges the debt is hers, why not just pay it?
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