CCJ Claim form...HELP PLEASE!!!!

[pinklily]

Hi, I am looking for any help possible.

I received a CCJ claim form on Friday morning (I have uploaded a picture of it, I just hope it works!) I have been panicking about it all weekend!

I rang Step Change on Friday, I explained that I had not paid or acknowledged the debt since 2008 (at the very latest). I was advised to send the N9B form back and write that I as the debt has not been paid or acknowledged since 2008 that it is now Statute Barred and to get copies of the letter and send by recorded delivery. I was also advised to get legal advise.

I have checked noodle and the default date according to Llowell is December 2010, but there is no record of any Lloyds debt on there.

I have not responded to the letter yet as I am completely lost with what I need to do.

Any help would be massively appreciated.

[jon1965]

Re: CCJ Claim form...HELP PLEASE!!!!

Good morning
Regardless of the state barred status or not there are some things that you need to do and some that would be advisable

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

Once those letters have been sent off you should make a new thread on the forum (you must be registered to do this) and make a post titled the claimants name v your username, and containing the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.

[nemesis45]

Re: CCJ Claim form...HELP PLEASE!!!!

Good morning Welcome to LB.

What type of account was this, credit card, loan, current account /overdraft?
If this account has had no payment or written acknowledgment of the debt
since 2008 the default date on the credit file is very late. Lowell is likely to state that
because of this the debt is not statute barred.

Things to do:

Acknowledge Service of the Claim you, can do this online at MCOL ( Money Claim Online) Make careful not of passwords.
When we know the account type we can go to the next priority actions.

nem

[jon1965]

Re: CCJ Claim form...HELP PLEASE!!!!

Was the account a loan or credit card and when was it taken out?
The purpose of the CCA request is to see if they can produce a copy of the agreement , if they can't they can not enforce via the court until they do (as long as you defend)
The CPR 31.14 request will get you details of other things mentioned in the particulars of claim namely the agreement, the notice of assignment and details of the default notice . The actual date of default and the date registered on your credit file are not directly related
You must make sure you acknowledge the claim -it can be done online, that is the first step

I am sure others will have more opinions but the above are the basics

[pinklily]

Re: CCJ Claim form...HELP PLEASE!!!!

Thank you for the replies.

It was a credit card debt.

Sorry, what do you mean 'Make careful not of passwords'? My head is in a massive fog at the moment.

[Kati]

Re: CCJ Claim form...HELP PLEASE!!!!

Thank you for the replies.

It was a credit card debt.

Sorry, what do you mean 'Make careful not of passwords'? My head is in a massive fog at the moment.

it'll be a spelling error Nem meant to say "take NOTE of the passwords" when you acknowledge online via MCOL ... you will need them later on xx

[pinklily]

Re: CCJ Claim form...HELP PLEASE!!!!

Jon- The credit card was taken out in Aug 2007.

I will acknowledge the claim online now.

Kati- thank you for letting me know.

[Kati]

Re: CCJ Claim form...HELP PLEASE!!!!

give us a shout if you need anything you'll get lots of advice from the Beagles xx

[nemesis45]

Re: CCJ Claim form...HELP PLEASE!!!!

Thank you for the replies.

It was a credit card debt.

Sorry, what do you mean 'Make careful not of passwords'? My head is in a massive fog at the moment.

You can use MCOL for most of the court procedures when you do you will be asked to provide a password, one little error will lock you out.

Now you need to send a CCA request to Lowell for a copy of the agreement, there is a £1 statutory fee to pay, use a cheque or postal order endorsed "for statutory fee only" Lowell has 12 + 2 Working Days to Comply ( there's a template in the forum library)

Also a request made under Civil Procedure Rule 31.14 to Carter this is for the documents mentioned in the particulars of claim, nothing else can be requested there is no fee for this. 7 day time scale for response.

It is odd the default date is very late compared to when you say payments ceased, can you give us the history of this please?

nem

[FlamingParrot]

Re: CCJ Claim form...HELP PLEASE!!!!

I received a CCJ claim form on Friday morning (I have uploaded a picture of it, I just hope it works!) I have been panicking about it all weekend!

I rang Step Change on Friday, I explained that I had not paid or acknowledged the debt since 2008 (at the very latest). I was advised to send the N9B form back and write that I as the debt has not been paid or acknowledged since 2008 that it is now Statute Barred and to get copies of the letter and send by recorded delivery. I was also advised to get legal advise.

You don't need to pay a solicitor if that's what they mean by legal advice, :noidea: to defend a claim for a statute barred debt. Looking at the account number quoted on the claim form, it looks like this could have been a credit card as it's a 16 digit number, is that correct? In which case, if you've not paid or acknowledged since 2008, it should be SBd by now. :thumb:

I have checked noodle and the default date according to Llowell is December 2010, but there is no record of any Lloyds debt on there.

When an account is sold, the new owner updates the credit records to reflect the fact so it would no longer show up under Lloyds. Be warned Lowell are a bag of dirty tricks and they almost invariably 'update' the default dates on your credit file to a later date, virtually every time they buy an account!

They have bought a large lot of SBd debts which they are trying to enforce via the courts at the moment, and they are either making up random phantom payments into the account :mmph: or arguing that the clock starts from the date of default shown on the credit files. It doesn't! :nono: Lowell don't make the law, even when they think they are a law onto themselves.

Despite all their tricks, it IS possible to beat them, this is a recent example that should give you some encouragement: http://www.legalbeagles.info/forums/...403#post564403 :whoo: :whoo: :whoo:

[jon1965]

Re: CCJ Claim form...HELP PLEASE!!!!

Hi Lily
The fact it is from Aug 2007 is less than ideal but as you believe it is statute barred not really a major issue.
Hopefully you will find out the date the Default Notice was issued from the CPR request.

When you get round to filing your defence your claim of statute barred puts the claimant to proof that it is not so they will need to provide either dates of payments or other reasons why its not.

There is so much info to assimilate at the moment it is probably easier to just go step by step at the moment

[pinklily]

Re: CCJ Claim form...HELP PLEASE!!!!

Nem- History- I had an account with Lloyds when I was 17/18, I started uni so opened up a student account at the same time I was persuaded into opening a Credit Card, I ended up using it but I then found out I was pregnant (unexpectedly) things went very wrong for me from there and I am sure I only made one payment. In July 2008 (after I had baby) I tried to sort the credit card out by going to see the bank manager, as I had no income there wasn't anything he could do so said to just let it go to debt collectors. I was using the Student account with Lloyds until March 2009, then I switched to Barclays and never acknowledged any of the Lloyds accounts.

Flamingparrot- Thank you for the reply, I will look at that thread now.

Jon- Can you explain why the date is less than ideal please?

[jon1965]

Re: CCJ Claim form...HELP PLEASE!!!!

Lily
Its no problem, just that for cards opened before Apr 2007 if the agreement is not laid out correctly it can not be enforced in court although to be honest by 2007 there were fewer and fewer where that was an issue.

As I said probably best to go one step at a time. So get that acknowledgement done followed by the CCA request and the CPR request.

[pinklily]

Re: CCJ Claim form...HELP PLEASE!!!!

I will do those today, Thank you for your advice

[nemesis45]

Re: CCJ Claim form...HELP PLEASE!!!!

Given that 2010 default date which Lowell is almost certain to claim is the
start of the relevant 6 year period in regards to the Limitation Act 1980
you need I think to be absolutely sure of when the last payment/acknowledgment
was made.

Was the student current account defaulted?

It would be a good idea to take a look at credit reference files ( Noddle is free online) to check that default date as it stands Lowell will say the debt is not statute barred .

If it was defaulted in 2010 it could also be helpful to ring Lloyds to see if they have a record of the last payment and the default date.

nem