New Member.

[PlanB]

Re: New Member.

If the contract to supply and/or the debt was in your wife's sole name, one must surely wonder why any judge would give a judgement against both the husband and wife. It just does not make sense and could be grounds for the judgement to be set aside, or for appeal.

I concur

[CleverClogs (RIP)]

Re: New Member.

I concur

[PlanB]

Re: New Member.

The debt was my wife's but they took us both to court, again we tried to explain this to the judge but he ignore it and be leaved what the creditor said.

Have you still got a copy of the Particulars of Claim for this county court summons which resulted in that CCJ?

Did the Claimant produce an invoice to prove the alleged debt was in joint names?

[PlanB]

Re: New Member.

If the contract to supply and/or the debt was in your wife's sole name, one must surely wonder why any judge would give a judgement against both the husband and wife. It just does not make sense and could be grounds for the judgement to be set aside, or for appeal.

I concur

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I always agree (concur) with you when you give sensible advice

[CleverClogs (RIP)]

Re: New Member.

I always agree (concur) with you when you give sensible advice

Oh dear - did I really do that?

Didn't the Fundamentally Clueless Authority say that we mustn't?

[PlanB]

Re: New Member.

Oh dear - did I really do that? Didn't the Fundamentally Clueless Authority say that we mustn't?

Since when have you ever charged for your services, sensible or otherwise

[CleverClogs (RIP)]

Re: New Member.

Since when have you ever charged for your services, sensible or otherwise

Since when were my opinions worth anything, in terms of money or otherwise?

[oneman]

Re: New Member.

Hi All,
We have today had a letter from the court which say's

Order Suspending Warrant (determination)

upon hearing the claimant in person and both defendant's in person on the application of the debtor and the court having considered the papers received from the parties and being satisfied that the debtor is unable to pay and discharge the sum payable by him in this action (or the instalments due under the judgement order in this action)
It is ordered that
1 The warrant of control issued in this action be suspended for so long as the debtor pay to the creditor by instalments of £60.00 every calendar month the 1st to reach the creditor by 1 July and further payments by the 1st day of each month.

2 The claimants expenses of attending today assessed at £45.00 to be added to the judgement debt.

3 Total now outstanding being £1581.65

It does not have the judges name on which I need to fill in the JCIO form, if I email the court will they give it me?
We really cannot afford this and are worried about what may happen, we are trying to sort out bankruptcy but do not expect it will happen before the 1st july.

[CleverClogs (RIP)]

Re: New Member.

They should tell you the name of the numpty judge.

The letter does suggest that you have already tried to get a redetermination of the money to be paid and that the alleged judge had issued a Warrant of Control when you were unable to pay the whole sum or the instalments demanded. It would be unusual for a Warrant of Control to be issued at the sane time as the judgement was given.

It is self-evident that the alleged judge was one of those who does not like people who appear before him/her without a lawyer and he/she probably hates debtors, too,

In my honest opinion, you may be better to get help from your local Citizens' Advice Bureau (find them at link) as they will be able to go through an Income and Expenditure form with you - and their form may carry greater weight with the jerkwad judge. They may also be able to tell you about other benefits to which you may be entitled.

[oneman]

Re: New Member.

Hi Clever Clogs, yea your pretty much spot on, we will try CAB on Monday (not open Friday's) see what they can suggest, been told that as we on JSA we are classed as vulnerable and as so the judge (if you could call him that) shouldn't have awarded that??
Also the form we got today, me & my wife got one each, not clear if we have to pay £60 each, again only chance of us being able to pay that is to both not eat anything for a month and probably still only just afford it,

[CleverClogs (RIP)]

Re: New Member.

I'm sure you're exaggerating a little about starving, but £15 per week is too much given that JSA isn't exactly generous.

I take it that you both rented your shop premises and that you simply closed the shops rather than selling the businesses to someone else?

What did you do with your stock?

[oneman]

Re: New Member.

Yea we rented the shop and we had to close as the bank simply said they where reducing our overdraft with immediate effect and where charging huge interest rates on our then excess overdraft. We still had 2 years left on our least and we had to agree with the landlord that we would leave what stock was left (there wasn't much as we had been on stop by our suppliers by then) to cover that period.

[CleverClogs (RIP)]

Re: New Member.

And you were both sole proprietors rather than running the shops as one limited company, or as two limited companies?

[oneman]

Re: New Member.

And you were both sole proprietors rather than running the shops as one limited company, or as two limited companies?

Yea that's correct, all our debts including the bank where unsecured.

I have also had a reply to my email request for the judges name, he was a Deputy District Judge, so now I can complete the JCIO form.