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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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Hello, My daughters ex boyfriend took out a car loan when

Resolved Question:

My daughters ex boyfriend took out a car loan when he lived at my address in my name and never paid the instalments. The finance company have been writing to me for 4 yrs demanding the money. I written to them over and over stating that I m not responsible but they ignore me. They have obtained a county court judgement against me for an exhorbitant sum even though I never received court papers with which I could have refuted their claim. Now they want to put a charge on my house. I am at my wits end. What can I do?

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is ***** ***** I will try to help with this.

The difficulty with this situation is that, although your account is a defence, it has been rejected.

Had you posted earlier I would have told you to report his conduct to the police and get a crime number and defend on that basis in court. That may have succeeded. Obviously it may not as well though.

Come what may, they are just enforcing a CCJ which does exist. They are free to do that.

You can always appeal the finding but you are out of time now and you have to show error in fact or in law which is not really what you are describing here. Its all very well to try to appeal and I understand you want to do something but if you have no basis you will end up paying costs and that will make your position worse.

At this stage, you can really only make arrangements to pay them. I realise you cannot pay in full probably but you can ask to pay in instalments which would be allowed. If you don't pay then they will get a charging order. They may get that anyway given the history of this case but at least you will avoid an order for sale.

If you are saying that he did this without your permission or with your permission but agreed to pay and has not then you can always sue him for the cost you incur although it would only be the sum due under the contract. He is not liable for costs that have been added subsequently due to your failure to pay I'm afraid.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.


Customer: replied 2 years ago.

Hi Jo


I had an agreement at this time with Creation Finance - no. J643310 for a computer which was paid in full correctly. - Mr J Wright,*****


Mr Flavell (ex-boyfriend) took out a finance agreement coincidently with the same company (Creation Finance) No. K013379, for a car but never paid. - Mr Ross Flavell,*****


I am not Ross Flavell, I did not take out this agreement with Creation. I have never had this car. This is a totally separate agreement with a totally separate customer.


Creation Finance have made an error attributing the wrong agreement number to myself, or, Ross Flavell has deliberately taken out this agreement without my knowledge in my name.


Either way, neither Creation Finance nor Ross Flavell will acknowledge any of my emails or letters. What can I do?


J Wright

Expert:  Jo C. replied 2 years ago.
Are they saying you guaranteed the agreement possibly?

Is it clearly in his name?

Did you raise this defence in court?
Customer: replied 2 years ago.

Hi Jo


No I did not sign any agreement as "guarantor" and since I was registered disabled at the time and had no job I would not have been a suitable candidate.


I have never seen a copy of the agreement so cant say whose name it is in. I have requested a copy a dozen time to no avail.


No I did not raise a defence in court since I did not know a court hearing had taken place!


***** *****

Expert:  Jo C. replied 2 years ago.
Didn't you get a summons to court?
Customer: replied 2 years ago.

I did and I sent the court papers back refuting the claim, with an a copy of the letter I had sent to Creation Finance. I heard no more for 2 years until now. I assumed that Creation had rectified their mistake and was completely unaware that a Judgement had been registered against me since I never received Judgement Grant from the court.

Expert:  Jo C. replied 2 years ago.

But didn't you go to court on the date set down?
Customer: replied 2 years ago.

No I didn't. I sent the court a detailed account of all the events and copies of correspondence and heard no more from them. Surely they should have sent me a copy of the judgement granted?

Expert:  Jo C. replied 2 years ago.
Well, they are probably saying that they did.

I would suggest trying to set the judgment aside but a court is not going to be impressed that you didn't attend. I'm not sure on what basis you could do so as you did receive the summons.

You can always appeal but that racks up costs.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience: Over 5 years in practice
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