Trade Account Debt . . . CCJ

[stephen22]

My partner's daughter has just split with her boyfriend. The problem was that because he had a very bad credit report, she opened a trade account for him at a local builders merchant.
Guess what, he ran up a £7000 debt, but in her name. This she dicovered has been put as a ccj and she only found out when she was refused an overdraft.
Her ex's family have offered to pay the debt off for her, but not at once.
Can she apply to have the CCJ set aside....is this possible.

[ploddertom]

Re: Trade Account Debt . . . CCJ

What grounds are thinking of?

[stephen22]

Re: Trade Account Debt . . . CCJ

Well, her ex had bad credit, when she took the account they knew it was for him, as she definitely is not a tradesperson. Could she ask the judgement to be set aside ont he grounds it was not for her......

[ploddertom]

Re: Trade Account Debt . . . CCJ

Well, her ex had bad credit, when she took the account they knew it was for him, as she definitely is not a tradesperson. Could she ask the judgement to be set aside ont he grounds it was not for her......

The problem with that is the application was made well knowing his past history so would not work. The most common grounds for set aside are for not receiving the original docs from the Court, did she receive these, did she acknowledge them, did she mount a defence or counterclaim?

[stephen22]

Re: Trade Account Debt . . . CCJ

I understand, to be honest at the time she was dealing with her new born twins, which i doubt will be a defence. It is only now she has found the strength to,

[ploddertom]

Re: Trade Account Debt . . . CCJ

The problem she may face is that as a business debt I assume the Judgment will have been made a Forthwith order - meaning it all has to be paid at once. I can guarantee that failure to pay will result in them transferring it to the High Court for enforcement which will probably add approx £2.5k to the debt, It may pay to slap in for a Variation Order now to see if payment in instalments agreed by the Court can be set up. If at some stage those offering to pay come up with the goods then all can be paid off then.

She unfortunately is going to have this one her Credit History for 6 years, even paying it off only shows it as satisfied. The only way to remove it in total is to pay within 30 days of the CCJ being awarded.