CCJ for ex partners childcare debt

[Obliterate87]

Hi Guys,


Looking for some assistance with this one please!

Okay firstly I'll begin with saying this debt had nothing to do with me; my ex-partner had to put the kids in nursery because she changed her hours last year. At the time she put them in nursery I was way moved out of that address and in my own private rented house with my new pregnant partner back in April last year and I don't think kids were put in the nursery unit months after this anyway.

On Saturday the 16th of Feb by chance I was down her house watching the kids while a letter came through the door addressed to me which was a default in judgment; she had an identical envelope but obviously I opened mine curious as to what it could be.





Following Monday I rang the courts and they sent me the application to set aside judgment; I also went into the nursery first to query what it was and to explain that I had nothing to do with the childcare and that I couldn't understand why because I had no prior agreement with the nursery but my Ex had put my name on some "children's form" when signing them up to nursery; in my opinion it was all done on her own back and I had nothing to do with this apart from picking my kids up and taking them there, basically just a taxi... They said how were we supposed to know ? all we can do is apologise... I signed no agreement I gave them no details or anything so they said they would speak to their solicitors; followed up with a call asking if they had spoken to the solicitors on that Monday and they said someone was going to give me a call from there that afternoon; ended up following up on the Wednesday and asking for the person dealing with it from the claimant and finally got through to this person and explained that it was nothing to do with me and that he would then speak to the nursery owners and see what they wanted to do. I requested via email invoices and the forms or anything to do with me and followed up with a phone call to let them know I had emailed and requested data at the utmost urgency so I can begin my application to the courts plus I wanted to see documents but they still have not sent them to me. I did then get a call on Friday from their solicitors giving me options that I said to put in an email, this was on Friday and this was the email I received

Dear

WITHOUT PREJUDICE SAVE AS TO COSTS

We write further to your without prejudice telephone conversation earlier today,

As discussed, it continues to be our position that you are contractually obliged to pay the Judgment debt, however as a gesture of goodwill and in light of the comments you have made recently in respect of the position between you and your ex-partner, our client will consent to an application to discontinue the claim and have the Judgment against you set aside. There would therefore be no CCJ against your name.

There are however three options open to you:

1. You pay us the £100.00 Court fee and we will prepare a Consent Order to be signed by the parties and filed at Court;
2. You may instruct your own Solicitor to prepare a Consent Order for us to sign and they can deal with filing it at Court and paying the Court fee; or
3. You may make a contested application to have the Judgment set aside; our Client’s open position would remain as is, we would be forced to challenge the application, reserving our Client’s rights to exhibit a copy of this correspondence to the Court on the issues of Costs and Conduct and pursue our Client’s indemnity Costs, in light of your refusal to accept our Client’s offer to consent to an application.

We would be grateful if you could respond with your chosen option.

Kind regards



So I have asked them to draft it and that I may get help with fee remissions and would prefer to submit it myself ( after checking don't think I will get help )

they responded with they will draft it up and send over signed consent order no later than 27th

Where do I stand now with what documents I have to actually send the court ?

I've looked up on the setting aside CCJ and read numerous posts on here but cant seem to find anything like for like

Any help would be greatly appreciated as I'm looking to submit asap for good reason.

I really don't get why the feel I'm Obligated to pay but then what they said in the email just seems like their case would be weak.

Thank you!

[Obliterate87]

Sorry also forgot to mention I then contacted the courts to get the particular of claims;

Thank you for your enquiry,



The particulars of the claim is as follows:



THE CLAIMANT PROVIDED NURSERY SERVICES TO THEDEFENDANTS. IN RETURN FOR THE SERVICES, THE DEFENDANTS WERE DULY INVOICED. THE TOTAL OUTSTANDING IS £480.00. DESPITE THE BEST EFFORTS OF THE CLAIMANT, THEINVOICES REMAIN OUTSTANDING. THE CLAIMANT THEREFORE HAS NO CHOICE BUT TO ISSUE A CLAIM FOR THE TOTAL OUTSTANDING. THE CLAIMANT CLAIMS INTEREST UNDER SECTION 69OF THE COUNTY COURTS ACT 1984 AT THE RATE OF 8% A YEAR FROM 22/10/2018 TO 14/01/2019 ON £480.00 AND ALSO INTEREST AT THE SAME RATE UP TO THE DATE OF JUDGMENT OR EARLIER PAYMENT AT A DAILY RATE OF £0.11.

[Amethyst]

Sorry to ask an obvious question, but have you discussed this with your ex ? The judgment is against you both presumably ( check her paperwork - identical letter as yours but with her name on? ) and if it is paid within 28 days the ccj is not entered on the credit file.

[Obliterate87]

It is against us both; I have not spoken to her about it she clearly ignored the first letters and didn't acknowledge the claim and from what I gather she probably wont pay it.

[Obliterate87]

Like I said to them; they can chase her for her debt and tried to explain that I had no involvement with it so they have sent and email to say they will discontinue the claim against me and set it aside, this is as far as I have got

[Obliterate87]

Just doesn't seem quite fair that I've had my name put on this when I had no involvement ? to me its like you can go anywhere and put anyone's name down and they will become liable

[jaguarsuk]

Okay, so if you applied to set the judgement aside it is likely you would win and they would bear the cost of it as of right under CPR 13.2 & 13.3 on the grounds that they have filed a claim on your previous address.

It would be then incumbent upon them to prove their case, that you did in fact enter into a contract with the claimant and that you are liable jointly for this debt. As you have not signed any forms you cannot be held liable and your ex cannot enter into a contract on your behalf.

I would go back to them and state that they have in error filed this claim against you, that you made no contract with their client and hence why the claim was filed to an address at which you do not reside. You are happy to sign the consent order (if you are) setting aside the judgement and discontinuing the claim against you, but you will not bear the cost of filing it on the grounds they or the claimant made the error.

[Obliterate87]

Thanks for your comment; today they sent me a consent order my first question would be is this the same as a draft order that I would tick in my application N244 form?

This is what they have provided me..

----

Consent Order

----

Upon The Claimant Discontinuing its Claim against the 2nd Defendant
AND UPON The Claimant and 2nd Defendant reaching terms
BY CONSENT it is ordered that:

1. Judement to be set aside as against 2nd defendant ;
2. the 2nd defendant shall be responsible for the consent order fee; and
3. There will be no order as to costs.


in all fairness I cant afford the £255 application fee but the £100 with consent order is a way out for me; I just don't want the CCJ being put on my file or the headache.

Just getting confused on what to put on the application form

#3 what order are you asking the court to make and why?
#4 Have you attached a draft order you are applying for ( assuming this would be the consent order) please correct me if I am wrong