Setting aside 2x CCJs

[andyh]

Hi,

I hope somebody can please provide some guidance?
I received 2 judgements in default - one in 2013 and the other in 2014 - from different claimants, for debts run up in my name, but by my soon-to-be-ex-wife.
Fundamentally, whilst the companies were pursuing action to recover the monies, my wife hid from me, every piece of correspondence from them. All telephone contact was to the house, and so whilst i was working calls would also be intercepted, and ignored.
I had no idea I had CCJs placed against me until earlier this year I checked CreditExpert and found them there, totalling around £600 and £1200 respectively.
At the point I found out, my Wife then admitted to me that it was she who ran up the bills, and then hid everything else from that point. Being a little fair, I acknowledge that she did suffer from mental health issues at the time, which can help explain the actions, and this is recorded in the form of a report from a Psychiatrist whom she was seeing around about the time, and my wife had confessed to them.
I would like to apply to have these judgements set aside on the grounds that myself as the named defendant, actually had no opportunity to properly defend or otherwise deal with the claims, on the basis that all communications, including that which I assume would have been received from the Court, were intercepted and destroyed.
Firstly - with my wife willing to make a statement if necessary, admitting what she did above, I'd appreciate an opinion on whether there is a realistic chance of having both judgements set aside?
Secondly - I'd appreciate some guidance on the drafting please? Think I am comfortable with the N244. I probably need to draft some witness statements from both me and her? Will throwing in a copy of the Psychiatrist report help? A little unsure about a draft defence and order, which I have read may be required?

Appreciate any guidance anyone is prepared to give. Thanks in advance..

[mystery1]

Re: Setting aside 2x CCJs

Perhaps [MENTION=551]pt2537[/MENTION] [MENTION=71570]R0b[/MENTION] [MENTION=7765]Joanna C[/MENTION] [MENTION=87380]Diana M[/MENTION] can offer better help but i'd say if you haven't reported it as a crime (and don't wish too) it may hinder a set aside. Otherise i'd imagine a straight forward case for a set aside if you have reported it, as long as you haven't known for ages as set asides need to be done quickly.

M1

[R0b]

Re: Setting aside 2x CCJs

I am assuming that the account was in your name only, so did you give your wife your pin number to use? If that is the case I am not sure what valid defence you might have against owing the debt and why the CCJ should be set aside. Simply arguing that your wife hid the paperwork I would imagine isn't enough as at the end of the day you would still owe the money.

Perhaps an argument to say that if you became aware of the debt and had your wife not hidden the letters, you would have come to some arrangement to repay it thus avoiding a CCJ and on that basis the CCJs should be set aside for some other reason, but not because you have a reasonable prospect of successfully defending the claim. It is likely that a statement form your wife may persuade the judge in setting aside the CCJs and maybe attending in person, but as for the report you will certainly need your wife's consent and if it is used, I would suggest that you ask the court to make an order that the report is not made available for the public given the sensitive information contained in it. Euqally, if its your soon to be ex-wife, I am not sure how good terms you are on but you might want to get a statement drafted and signed asap in case she changes her mind.

Normally, a draft defence is also beneficial but in this case, I don't think it will help. The Witness Statements should suffice, though have you asked the creditors whether they consent to having the CCJs set aside?

Just my view of things based on what you've said but others might offer a different perspective.

[andyh]

Re: Setting aside 2x CCJs

I am assuming that the account was in your name only, so did you give your wife your pin number to use? If that is the case I am not sure what valid defence you might have against owing the debt and why the CCJ should be set aside. Simply arguing that your wife hid the paperwork I would imagine isn't enough as at the end of the day you would still owe the money.

Perhaps an argument to say that if you became aware of the debt and had your wife not hidden the letters, you would have come to some arrangement to repay it thus avoiding a CCJ and on that basis the CCJs should be set aside for some other reason, but not because you have a reasonable prospect of successfully defending the claim. It is likely that a statement form your wife may persuade the judge in setting aside the CCJs and maybe attending in person, but as for the report you will certainly need your wife's consent and if it is used, I would suggest that you ask the court to make an order that the report is not made available for the public given the sensitive information contained in it. Euqally, if its your soon to be ex-wife, I am not sure how good terms you are on but you might want to get a statement drafted and signed asap in case she changes her mind.

Normally, a draft defence is also beneficial but in this case, I don't think it will help. The Witness Statements should suffice, though have you asked the creditors whether they consent to having the CCJs set aside?

Just my view of things based on what you've said but others might offer a different perspective.

Hi, thanks for reply - apologies for delay, I've been away.
So, from what I am led to believe from my wife, and having pieced together the timeline a little, we are talking about mail order purchases using the allotted credit given by the companies, with a monthly repayment - these of course were then not stuck to. They certainly weren't purchases made using my credit/debit card.
I believe the creditors may now be agencies who have purchased the original debts. I've not as yet been in contact with them.
For me this isn't so much a case of trying to avoid paying, more a case of me trying to get rid of the 2x CCJs which have hit my credit score quite badly.
The argument you state is not dissimilar to what I probably will go down i.e. that I was not given the opportunity to defend the claim or otherwise, as all notifications and opportunities to respond were systematically hidden.
My wife should continue to co-operate as ironically, the presence of the CCJs has had such an effect on my ability to obtain credit or otherwise do much else financially, that it is affecting my ability to financially settle with her!
So do I need a draft order then? This was the part that was mystifying me..

[andyh]

Re: Setting aside 2x CCJs

Perhaps @pt2537 @R0b @Joanna C @Diana M can offer better help but i'd say if you haven't reported it as a crime (and don't wish too) it may hinder a set aside. Otherise i'd imagine a straight forward case for a set aside if you have reported it, as long as you haven't known for ages as set asides need to be done quickly.

M1

Thanks, obviously a little dilemma in whether one goes to report this as a criminal complaint, especially when it's your wife, and also given she was demonstrably psychologically impaired at the time. Latter point I would hope should go a fair way to helping.