Personal Guarantee Called In Ccj Made In Absentia..

[jhonnydeppp]

Dear legal beagles,
I was shocked to find it by coincidence after checking my credit file that a CCJ has been made against me for 23000 pounds for an equipment hire purchase personal guarantee..in jan 2010
The court sent all the letters on my previous address without my knowledge, though i was the director of the company who was in business but all the matters of the company were being run by family friends without much of my knowledge and some one i strongly think within the family forged my signature and sighed a personal guarantee with my name on it and obtained credit for the machinery...totally without my knowledge......
When the business ran into trouble the creditor came knocking on the door and by sheer bad luck rite at the moment when we were trying to return the equipment to the creditor, a burglary happened and the equipment was stolen along with other valuables the police was promptly informed and the case went on but the burglars were never caught....
Now I have just learnt that the creditor has got a judgement against me what defence i have against the personal guarantee and that i didn't receive the documents to file my defence in time....
If the court gives me a chance to defend my self again and i file in the forgery defence and the signatures are proven not to mine would the personal guarantee be revoked and would it become my liability to find the person in my family who forged my signatures..........and if i do what would happen to him / her

[debtisbad]

Re: Personal Guarantee Called In Ccj Made In Absentia..

Dear legal beagles,
I was shocked to find it by coincidence after checking my credit file that a CCJ has been made against me for 23000 pounds for an equipment hire purchase personal guarantee..in jan 2010
The court sent all the letters on my previous address without my knowledge, though i was the director of the company who was in business but all the matters of the company were being run by family friends without much of my knowledge and some one i strongly think within the family forged my signature and sighed a personal guarantee with my name on it and obtained credit for the machinery...totally without my knowledge......
When the business ran into trouble the creditor came knocking on the door and by sheer bad luck rite at the moment when we were trying to return the equipment to the creditor, a burglary happened and the equipment was stolen along with other valuables the police was promptly informed and the case went on but the burglars were never caught....
Now I have just learnt that the creditor has got a judgement against me what defence i have against the personal guarantee and that i didn't receive the documents to file my defence in time....
If the court gives me a chance to defend my self again and i file in the forgery defence and the signatures are proven not to mine would the personal guarantee be revoked and would it become my liability to find the person in my family who forged my signatures..........and if i do what would happen to him / her

A county court summons has to be served at a correct, up to date address. From what you say they used an old address and so you were unaware of the summons and could not file a defense.

You need to write to the county court to have the judgement set aside. there is a specfic form to use and it is available online. however, you know what the allegations against you are and they issue the same summons to your new address.

[TUTTSI]

Re: Personal Guarantee Called In Ccj Made In Absentia..

It also sounds like a fraud if someone has signed your name on documents and added you as a guarantor without your knowledge. You should report this to the police as this person could have committed a crime..

Here is a link in setting aside a judgement http://www.insolvencyhelpline.co.uk/...unty_court.php

You are worried about what will happen to this person who forged your signature, that should be the last of your problems as it is your credit file that has been marked and they will send in the bailiffs as they now have a judgement and they could even make you bankrupt.

Also, I should point out that as a director of a company you would take a fall along side your other directors even if you did not sign anything, if they did something bad you could also be culpable. The people who got this judgement may have just gone for one of the directors and in this case it was you. Being a Director your name and address would be listed at Companies House as this is public data.

I am assuming that this equipment would have been insured - was a claim put in to the insurance company? Has the claim been paid out? and who pocketed the money?


Tuttsi