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CCJ issued in DH name in error

6 replies

VaginaShmergina · 16/01/2010 09:35

HELP !!!!!!!

We run a Private Members Club and a CCJ arrived today addressed to my DH and in his name also. x 1000000000000

We are not responsible for this debt our Employers are, they have always paid the bill (in the past but obviously not recently)

How do we get my DH name of off the CCJ and ensure there is no record of it in the future as any CCJ would ruin our plans for our future ?

Any help VERY gratelully appreciated !!!

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mumblechum · 16/01/2010 13:04

He needs to make an application to the county court to set aside the judgement.

However, this won't have been the first bit of paper issued to him, there will have been a summons which either he ignored or didn't receive, then a judgement in default.

He needs to contact the county court which issued the judgement asap.

VaginaShmergina · 16/01/2010 15:59

Thanks mumblechum. Yes the initial paperwork came through in his name back in December threatening Court action and when he gave it to our Treasurer he asked her to get his name of off it, which she apparently has not.

If the Court set aside the CCJ will the CCJ still show up anywhere in his name ?

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mumblechum · 16/01/2010 16:08

It's a bit more complicated than that, unfortunately.

Your dh's first application is to set aside the judgement, explaining why he isn't personally liable. If the court finds in his favour then the judgement is set aside and the court should automatically notify the CCJ people but he should double check.

If however the court considers that he has a case to answer they may temporarily suspend the judgement but allow him to bring in as a third party whoever he thinks the defendant is. Then, if the third party accepts liability and pays the debt the judgement will be revoked altogether but your dh still needs to double check that the court communicates with the CCJ people

Just paying the debt won't solve the matter, the judgement will remain on file for 5 years unless removed by the court.

VaginaShmergina · 16/01/2010 16:20

Nobody said it was gonna be easy lol. Thanks mumblechum, you have been really helpful, please put your bill in the post

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mumblechum · 16/01/2010 16:26

Mars Bars are my currency

VaginaShmergina · 16/01/2010 18:05

lol, I like your style !! Thanks again, proves MN always has the answer

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