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Alex J.
Alex J., Solicitor
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CCJ defendant q, debt from a friend refusing to pay a loan

Customer Question

a fomer friend has ripped mr of for a lot of money but also got me to sign as guarantor on finance for a training course then stopped paying. i moved and only found out when i had some letters regarding default. I raised this with my friend to sort out and he informed me it had. The next lot of letters i received contained a CCJ that had passed in my name for £4500. i had the overturned as i hadnt received the documents. on the originalform i was 1st defendant and he was second and so the ccj went on my name only. This time i am second defendant and he is first. i have also received the claimants information which shows that all i was told regarding there not being any signed contract is false as it has been sent to me. Will the judgement go against him as the first defendant this time as he is refusing to get involved as i wouldnt give him more money towards a business we were setting up after i dropped out because i realised i was being ripped off? Thanks

Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Alex J. :

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. What exactly did you sign as guarantor? Do you remember what the document said?

Customer :

Hi those are the pages of the contract that came with the CCJ evidence

Customer :

Attachment: 2015-01-12_094938_original_ccj.pdf

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Attachment: 2015-01-12_095012_ccj_judgement.pdf

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These are the original CCJ form and the judgement passed. I am 1st defendant and the CCJ was passed in my name only. This i had overturned as i didn't receive any documents until after it had passed.

Customer :

Attachment: 2015-01-12_095211_2nd_ccj_notice.pdf

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This is the new CCJ form showing i am only second defendant this time, the person who caused the debt is 1st defendant, Thanks

Customer :

I am hoping they are going after him this time due to me having the first overturned as he told me the loan had been changed due to company takeover and he was asked to sign a new contract that included a £500 voucher. He didnt sign and stopped paying the original but that isnt mentioned in the evidence.

Alex J. :

Hi, Thank you.

Alex J. :

I will review this as soon as possible and revert to you. Kind regards

Alex J. :

AJ

Customer :

Hi

Customer :

Have you had chance to look into this please? Thanks

Alex J. :

Hi, My apologies. These files would not open on my office computer and therefore I had to wait until I was on my personal computer. I will post my response by this evening at the latest. Again my apologies. Kind regards

Alex J. :

Hi, Thank you. I ve looked at the documents. I cannot actually see the guarantee. Are you Applicant 2?

Customer :

i am signed as the guarentor on the contract, its the second page that i sent through. On the latest CCJ form that is on the 16th Jan i am the second defendant yes

Customer :

yes it does say applicant 2 yes

Alex J. :

Hi, Thank you.

Alex J. :

I am afraid you are not a guarantor. You are the actual debtor.

Alex J. :

I would personally try and argue the following:

Alex J. :

1. The document does not mention "joint and several" liability;

Alex J. :

2. There is no consideration or valid wording for a guarantee;

Alex J. :

3. There is no consideration for a guarantee - you have not taken any benefit for this contract or accepted any monies under it;

Alex J. :

On this basis I would apply under Civil Procedure Rule 3.4(2) to try and have the claim against you struck out.

Customer :

Thanks for that, how would i go about doing that? do i fill in a form as the hearing is on friday

Customer :

Thanks

Alex J. :

Hi, Thank you. You can make an application to strike out using a form N244. As it is on Friday I would request it at the hearing and have the document drafted.

Customer :

you mean complete it now and present at the hearing?

Alex J. :

I have read the document, I just cannot see how they can enforce this against you. All you have done is sign the document, there does not appear to be any guarantee and you dont actually take any benefit or burden under the contract.

Alex J. :

Yes.

Alex J. :

The law you need to know is the Statute of Frauds - this states that you cannot be held liable for another persons debts unless you accept liability in writing. I cannot see where you have done this in the document.

Customer :

Thats great thanks. if i do that and scan in a copy are you able to check it for me?

Alex J. :

Hi, Thank you. Yes but it may not be until tomorrow. In the mean time I would recommend that you consider going to a local solicitor and asking them to urgently write a letter to this company and demand they remove you from the proceedings, to save you the hassle.

Alex J. :

If the claimant sees you have been advised they are more likely to comply and take your request seriously.

Customer :

hi i cannot get a solicitor to see me in time to write a letter. should i ring the company myself?

Alex J. :

Hi, Thank you. It is worth a try, say to them there is no form of guarantee that you believe is enforceable, give them an opportunity to release you from the proceedings and say if they do not you will hold them liable for your costs.

Customer :

Attachment: 2015-01-14_175250_n244.pdf

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i have filled the form in using as much of your text as i could just adding some of my own. if you cant open the attachment i have filled the important sections in as

Customer :




  1. What order are you asking the court to make and why?





Customer :

I am requesting under Civil Procedure Rule 3.4(2) to have the claim against me struck out for the reasons
1. The document does not mention "joint and several" liability; 2. There is no consideration or valid wording for a guarantee; 3. There is no consideration for a guarantee - I have not taken any benefit for this contract or accepted any monies under it

Customer :



10. What information will you be relying on, in support of your application?






i ticked
the evidence set out in the box below




Customer :


I request to be struck out of the CCJ for the reasons:

1. The contract does not mention "joint and several" liability;
2. There is no consideration or valid wording for a guarantee. Applicant 2 is not mentioned in any of the
document text and so there is no clause stating I become liable for the debt;
3. There is no consideration for a guarantee - I have not taken any benefit for this contract or accepted any
monies under it. The contract states that only 1 person will receive training, this was taken by Mr Hall.

On this basis I seek to apply under Civil Procedure Rule 3.4(2) to have the claim against me struck
out.

The Statute of Frauds states that I cannot be held liable for another person’s debts unless I accept
liability in writing.

Customer :

i was going to include a copy of the contract, the CCJ Notice, a copy of section 3.4 and the Statute of Frauds

Customer :

Thanks for your help with this, it has been invaluable.

Alex J. : Hi thanks the main point of CPR 3.4 is that they have no reasonably grounds for bringing the claim.
Alex J. : have you actually submitted a defence?
Customer :

Hi, no, i looked to see if i could submit the form online but thats not available this time. The person that ran up the debt lied about the whole situation and so i didn't have a copy of the contract till this week

Alex J. :

Hi, My apologies for covering old ground - but did you have the original Judgment set aside already or is this purpose of the hearing tomorrow?

Customer :

i had it set aside because i didnt find out about it till after it was completed due to me moving since the loan was taken. originally i was defendant 1 and received the entire CCJ in my name so had it set aside

Alex J. :

Hi, I see. Ok. I think you need to attend the hearing and explain to the Judge you have not actually guaranteed the debt, you have not accepted the burden or benefit of the contract and accordingly there is no reasonable ground for bringing the claim. Ask the judge to strike it out.

Customer :

ok i will do that then, Thanks for all your advice, its been very helpful

Alex J. :

No problem. I wish you the best of luck. Kind regards AJ

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