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Was there ever a CCJ against you or was it just the guarantor please?
Yes there was a CCJ for myself on applied on the 28th of February 2010 for 2562 (amount to which i agreed) and then in april 2010 a judgment for 5434.55 for my sister.
Firstly do I have case to take my university accommodation providers to court for treating me badly. If you were going to do that then you should have defended the original claim and made a counter claim. If you do it now I suspect they would raise an abuse of process argument in that you had a chance to fight it but did not.
Secondly why was my guarantor issued a CCJ if i was in agreement to pay, - It is a matter for them. Both you and the guarantor are joint and severally liable. They can issue proceedings against one or either of you.
and thirdly is it not incorrect that the CCJ for my guarantor is for the full 5434.55 when I have made arrangements to pay 2562.00 - they can only seek to recover the total sum of £5434.55. They would be unable to recover the sum of £7996 if that was not claimed and is not the amount owing.
But that would be a matter of making an application to Court to stay enforcement once the full amount has been paid.
Can I clarify anything for you about this today please?
my sister was not living at the home address at the time and we did not have a forwarding address, she wasn't aware of the cc j until she was refused credit, she wants the judgment to be put aside - is this possible? Also the reason i asked about the amount for her ccj is because if it cannot be put aside, should it not be at least reduced to reflect the true amount
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