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Default issued incorrectly against me - what to do?

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  • Default issued incorrectly against me - what to do?

    Hi there, I’m new to this forum and would greatly appreciate some help as I don’t know what action to take next…
    I received a Northampton Court letter in May from a DCC for a £5k debt relating to an old business overdraft. They have issued the debt in my name which is incorrect, it should be in the business name and they’ve also put a default for this debt on my own personal credit file.
    I replied to the courts stating that it wasn’t my personal debt but the court said I hadn’t submitted the defence in time, I don’t often reside at the address they have for me so this might be the case. They had asked me to pay £155 for the privilege of telling them again that it wasn’t my debt. I haven’t replied.

    Following this I have sent the DCC the three letter procedure via recorded delivery, requesting proof that the debt is mine, assignment of debt, etc. I’ve not had any reply from them at all….. not surprising as there is nothing they can send as evidence!

    What can I do now to get this removed from my credit report as I’m desperately waiting on this to be resolved so I can purchase a property? I have written to the credit companies asking them to put a note against this default in the meantime.
    Thanks for reading x
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  • #2
    Default issued incorrectly against me - what to do?

    Hi there, I’m new to this forum and would greatly appreciate some help as I don’t know what action to take next…
    I received a Northampton Court letter in May from a DCC for a £5k debt relating to an old business overdraft. They have issued the debt in my name which is incorrect, it should be in the business name and they’ve also put a default for this debt on my own personal credit file.
    I replied to the courts stating that it wasn’t my personal debt but the court said I hadn’t submitted the defence in time, I don’t often reside at the address they have for me so this might be the case. They had asked me to pay £155 for the privilege of telling them again that it wasn’t my debt. I haven’t replied.

    Following this I have sent the DCC the three letter procedure via recorded delivery, requesting proof that the debt is mine, assignment of debt, etc. I’ve not had any reply from them at all….. not surprising as there is nothing they can send as evidence!

    What can I do now to get this removed from my credit report as I’m desperately waiting on this to be resolved so I can purchase a property? I have written to the credit companies asking them to put a note against this default in the meantime.
    Thanks for reading x

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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