Received CCJ claim Lowell for a debt in my name - not my debt or address

[LuxorLady]

A month ago I received documents from Northampton CC from Lowell Portfolio for a debt to Hutchinson 3g. It's in my name but for an address I have no knowledge of and have no connection with. I contacted Lowell and sent off defence to the court as they advised but now I have another form 'Notice of proposed allocation to small claims track'

What do I do now?

Is there an affidavit I can sign stating I've no connection to the address or the debt?

Really worried

[LuxorLady]

Also, as I am worried about affecting my credit rating if this goes forward. Can I pay the amount, with a document stating I'm not accepting the debt or responsibility for it, and then counter claim against Lowell? I don't want my credit messed up.

[Kati]

The "proposed allocation" is standard procedure for court claims .... what did you put in your defence?? If you have no connection with the address or the debt then you should be able to win in court easily (and it won't show on your credit file etc...)

tagging Amethyst R0b jaguarsuk

[R0b]

Sounds like a directions questionnaire that you've received?

Also difficult to assist you when we don't even know what your defence was, so it would be helpful to post that up so we know what we have to work with.

The directions questionnaire is relatively straight forward and simple to complete - when is the deadline for you to submit to the court?

[LuxorLady]

I wrote that it wasn't my debt and I had never lived at the address on the claim. I said I had no knowledge of it prior to the forms. I have no other letters regarding the debt because I had been renting out my property (where the forms arrived) until June and have just returned there after the tenants have gone.

The debt is for an address in Devon, I live, and always have lived, in Swindon.

[LuxorLady]

Yes, I've received form N180 due back 28 August

[jaguarsuk]

Yes, I've received form N180

Okay there is a link to a guide for filling in an N180 in my signature.

I'm sorry to say that defence is very weak and you are going to have very little chance of success with it, you really have three choices:

1. Agree to settle via mediation - this would be legally binding, but not a CCJ and therefore not affect your credit report.
2. Try to fight on and go to a hearing in the hope the slim chance of a victory falls on your side.
3. Fight on, but request some docs and pay to amend your defence.

If you choose option 1 you will have to pay the Claimant and you will not be able to recover that money back.

If you choose option 2 and you don't agree at mediation I wouldn't at all be surprised if the Claimants solicitor applies to have your defence struck out and summary judgement entered against you (that would be a CCJ). My personal view is that defence has very little chance of success.

If you choose option 3 you need to send a CPR 31.14 Request to Lowell Solicitors and an Subject Access Request Letter to Three to enable you to find out how the account was opened.

Based on what comes back from those you will also make an application to the court to amend your defence, but that is going to cost you money.

[LuxorLady]

Okay there is a link to a guide for filling in an N180 in my signature.

I'm sorry to say that defence is very weak and you are going to have very little chance of success with it, you really have three choices:

1. Agree to settle via mediation - this would be legally binding, but not a CCJ and therefore not affect your credit report.
2. Try to fight on and go to a hearing in the hope the slim chance of a victory falls on your side.
3. Fight on, but request some docs and pay to amend your defence.

If you choose option 1 you will have to pay the Claimant and you will not be able to recover that money back.

If you choose option 2 and you don't agree at mediation I wouldn't at all be surprised if the Claimants solicitor applies to have your defence struck out and summary judgement entered against you (that would be a CCJ). My personal view is that defence has very little chance of success.

If you choose option 3 you need to send a CPR 31.14 Request to Lowell Solicitors and an Subject Access Request Letter to Three to enable you to find out how the account was opened.

Based on what comes back from those you will also make an application to the court to amend your defence, but that is going to cost you money.

Thank you,

I just didn't imagine it would be so difficult. I thought by stating truth on the form that would be enough. Arghh,

Lowell have asked for a Council Tax Document to prove I was living in Swindon at the time the contract was taken out, and I am supplying that.

[jaguarsuk]

Thank you,

I just didn't imagine it would be so difficult. I thought by stating truth on the form that would be enough. Arghh,

Lowell have asked for a Council Tax Document to prove I was living in Swindon at the time the contract was taken out, and I am supplying that.

It should be, but sadly it's not and by filing a complete defence of the truth, plus going through the proper motions to file legal defences you would have better protected yourself for any which way this can go.

Don't beat yourself up about it, if you have never done this before then you weren't to know. If you ever get a claim form again for anything, you know where to come before doing anything now.

Hopefully if you prove to Lowell that this is fraudulent and report it to Action Fraud more importantly, they will discontinue the claim. If they decide to push on then the 3 things I outlined are available to you.

Make sure you get the N180 back on time, until you have a Notice of discontinuance from the court then you need to keep adhering to the deadlines of the court as if this is going to a hearing.