Mix up by Ist Credit/Connaught & Moon Beever Court Claim

[MrsJ]

We have received a court claim from 1st Credit regarding a Lloyds joint account overdraft. This account has not been used since 2007/08.
The court claim was stated as Mr& Mrs ***** the end of the surname was wrong with 5 letters missing.
We were not defendant 1 & 2. Does this make a difference ?
My OH has acknowledged service on the due date.
He sent to 1st Credit & Moon Beever a letter stating statute barred.
He received a response thanking him for his letter dated December 2012 (no contact has ever been made) also stating that a payment had been made in 2010 therefore not staute barred. they included a statement relating to a loan agreement that has nothing to do with this joint account court claim.

They have obviously made a few mistakes but what would be the best way to defend ?
any advice would be very much appreciated.
Thanks.

[Kafka]

Re: Mix up by Ist Credit/Connaught & Moon Beever Court Claim

What was the last date that you formally acknowledged any debt, or made any payment towards it?

[MrsJ]

Re: Mix up by Ist Credit/Connaught & Moon Beever Court Claim

Thank you for your fast response.
Debt has not been acknowledged with any dca's and last use of account was March 2008.

[Kafka]

Re: Mix up by Ist Credit/Connaught & Moon Beever Court Claim

What was the date of service of the claim?
Is this definitely more than 6 years since you last paid or acknowledged the debt?

[FlamingParrot]

Re: Mix up by Ist Credit/Connaught & Moon Beever Court Claim

We have received a court claim from 1st Credit regarding a Lloyds joint account overdraft. This account has not been used since 2007/08.
The court claim was stated as Mr& Mrs ***** the end of the surname was wrong with 5 letters missing.
We were not defendant 1 & 2. Does this make a difference ?
My OH has acknowledged service on the due date.
He sent to 1st Credit & Moon Beever a letter stating statute barred.
He received a response thanking him for his letter dated December 2012 (no contact has ever been made) also stating that a payment had been made in 2010 therefore not staute barred. they included a statement relating to a loan agreement that has nothing to do with this joint account court claim.

They have obviously made a few mistakes but what would be the best way to defend ?
any advice would be very much appreciated.
Thanks.

Thank you for your fast response.
Debt has not been acknowledged with any dca's and last use of account was March 2008.

Obviously SBd is the best defence as it's an absolute defence. If the payment made in 2010 related to a loan, it shouldn't affect the current account in question.

The only problem I can see here is that the dates are too close and, this being an O/D, the cause of action would have been when the bank recalls the overdraft, which can be months after you stop paying into the current account, unlike loans and credit cards, where you are bound to make contractual payments on a certain date.

[MrsJ]

Re: Mix up by Ist Credit/Connaught & Moon Beever Court Claim

Not sure when the bank recalled the overdraft.
The statements Connaughts sent in response to our statute barred letter did not relate to the joint current account at all.
They are from a loan in OH name only.

[MrsJ]

Re: Mix up by Ist Credit/Connaught & Moon Beever Court Claim

Defence is due on Monday.
If not statute barred Is it too late to send a CPR 31.14 request to Moon beever. ?
Or can we defend on an incorrectly issued court claim and incorrect account information supplied ?

[FlamingParrot]

Re: Mix up by Ist Credit/Connaught & Moon Beever Court Claim

Defence is due on Monday.
If not statute barred Is it too late to send a CPR 31.14 request to Moon beever. ?
Or can we defend on an incorrectly issued court claim and incorrect account information supplied ?

Looks like you've answered your own question, it would be too late to send the letter if your defence is due Monday.

[MrsJ]

Re: Mix up by Ist Credit/Connaught & Moon Beever Court Claim

Can we still defend on an incorrectly issued court claim and incorrect account information that has been sent to us ?
How can we defend if we do not have the correct information ?