What will happen at my CCJ court hearing?

Question

I took out a loan with company X in joint names with an ex partner. I repaid for a while no problems.
A while later, due to mounting other debts, I went to a debt replayment plan which was all in my name.They agreed a repayment structure with all the debtors including company X.
I repaid this for a while with no problems.

A while later my circumstances chnaged. New partner, marriage and children. For three months during a transition change I made vastly reduced payments for three months.

Company X filed a CCJ against me. I responded with a defence claiming only half due to it being joint names.

Now, as is normal, the case will be heard in court. I do realise though due to company X response to the court that I am equally liable for the whole amount not just half. Fair enough.
Since I received the CCJ I managed to get back on track with reduced payments and have been paying fine for 4 months.

But what will happen at court? I am worried. Will they ask awkward questions? Advice !!!!!

Answer 1

you need to be honest. go to court with what you consider a fair amount to pay each month because you will get a chance to to say how much you can pay. Take relevant paperwork ie wage slips and a list of bills that you pay as these should be taken into account alongside what you will be paying them.

Answer 2

I'm a little confused a CCJ is a judgment and you will have no hearing, because the matter has been settled beween the parties . However if you are talking about a County Court Summons which is being defended I would suggest that you make an offer to pay on the lines you are already. However I think you need to make sure exactly where you are with this thing.

May I suggest that you ring the Court Office and Quote the Case number they should be able to tell you where matters stand. They can not give advice exceopt as to procedure eIf you are still confused go and get an appointment with Citizens Adivice and take All of you apaper work with you. Or make an appointment with a Solicitor on a green form and again take all paper work with you. Make a note of what you want to ask and a note of what they say

Answer 3

You said that for 3 months you made reduced payments - was this in agreement with Company X? Did you miss any payments after making a repayment agreement?

If you kept paying then the Comapny should not have filed a CCJ against you.

Do you know where the ex partner is and can they contribute towards the debt - it is half theirs after all.

I would advise you to contact your local CAB who will support you through the court case and possible work out new repayment plans for you.

Answer 4

Its surprising that the hearing has not been suspended whilst payments are being received from you. .....unless they applied to court whilst you were repaying(within past 4 months) because either the loan is secured on a property and they are applying for a charge against the property.....or.....they dont think you are paying enough and want the court to otain all your financial details.....or.....maybe they are considering bankruptcy

Basically the court will want your financial details....AND as you have been repaying (consistently??) for four months the judge will not give you a hard time and will just make sure you are paying all you can relevant to your circumstances.....They see debt all day every day...they know people are struggling and they are not as old fashioned as they once were eg they wont blame you for the situation

You may still consider asking the court to advise you as to full liability for a joint named debt....basically you may have already accepted full responsibilty by arranging the original payment plan for the full balance

Answer 5

No each and each and every of the courtroom will do and it could be finished in deepest is for the courtroom to renowned that the lenders can pursue you for the monies owed,,,in different words your debt has been observed yet each and each and every of the courts can do is to say to the creditor that you owe them,,,that's as a lot because the creditor to get their money no longer the courtroom,,bear in suggestions that being in debt isn't against the law lower than uk regulation except that's fraud or expenses to HM gross sales,,,the creditor will attempt to get each and each and every of the money from you yet as you do not have it they could in difficulty-free words ask for a constrained quantity each and each month that you'll fairly manage to pay for,,,,,get alongside for your interior of sight CAB for loose suggestion and a restructuring plan for all of your debts,,,if the CAB cope with it you may never ought to communicate to each person,,in the experience that they hardship you you do have rights over that besides,,it comes lower than the hot Human Rights act,,,putting forward you've a perfect to a hardship loose existence,,really it says each person who elements hardship might want to be prosecuted,,,,,

Answer 6

it will go in your favour seeing as you have been paying the loan back the judge will look at your finances and make a decision on how much you have to pay back the loan company must agree to the Judges decision