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

[FlamingParrot]

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

Afternoon. I know, it's just that I have seen a couple of threads where they have come up with false payments and also that they like to play dirty.

They do indeed! :rant: :mad2: :rant: However, one of their phantom payment cases was dismissed by the judge in court. :whoo:

Yay... time to chalk up another victory for the Beagles!
I just had my hearing where Lowells were represented, nevertheless the judge was not satisfied they had discharged their onus of proof that this matter was not statute barred.
The document they called a statement of account was not accepted as an accurate record, neither was it proved any alleged payment had been made therefore the claim was dismissed.
Grateful thanks to you all... @nemesis45, @FlamingParrot, @MIKE770 and @Kati I couldn't have done this without your help.

:high5:

I recieved a letter from BC today saying

"We are writing to formally confirm our Client's intention to proceed with this matter.

We will send notification to the Court shortly but before we do so our Client is prepared to enter into negotiations to try and achieve a solutions whereby both parties avoid further costs and expenses, and if necessary to mediate. The Court encourages this type of negotiation between the parties.

Please contact our helpful team on:............to discuss how we can come to an arrangement by consent.

We recommend you seek independent legal advice"

Do I need to reply to this letter? If so do I tell them I have proof that the debt is SB? Or should I just send them the SB letter?
Thanks for your help

I wouldn't do either. You've submitted your defence, that's just Mr Carter's usual template response to anyone who submits a defence these days, a last ditch attempt at trying to get people to pay up, he's been sending those out for a while now, hoping someone bites. :nono:

[pinklily]

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

Hello, I'm back again 😳 so today I received a "Directions questionnaire (small Claims Track)" form.

Do I agree to being referred to mediation?

On question C, "Do you agree that the small claims track is the appropriate track for this case?" Can I tick "No" and explain that this debt is statute barred?

Do the bank statements I have from Lloyds count as evidence?

It seems BC aren't wasting any time with this. Fingers crossed it'll be over soon and I won't have to deal with it anymore xx

[FlamingParrot]

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

Hello, I'm back again  so today I received a "Directions questionnaire (small Claims Track)" form.

Do I agree to being referred to mediation?

Hello Pinklily

It's always a good idea to tick the mediation box to start with, even when in most cases it won't go ahead if no documents have been received, it makes the right impression.

On question C, "Do you agree that the small claims track is the appropriate track for this case?" Can I tick "No" and explain that this debt is statute barred?

No, track allocation has nothing to do with the debt being SBd, it's based on the value of the claim, most claims under £10k are allocated to small claims so there is no reason to argue that point.

Do the bank statements I have from Lloyds count as evidence?

They could certainly be useful to show no payments were made in the past six years, however, the burden of proof is on the claimant to show the debt is not SBd. :thumb:

It seems BC aren't wasting any time with this. Fingers crossed it'll be over soon and I won't have to deal with it anymore xx

Let's hope they see sense and drop the case. ray: ray: ray:

...although sense and BC in the same sentence? :flypig: I don't think so! :mmph:

[nemesis45]

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

Hi so I recieved my SAR today, I am so worried now! In 2008 I let my then partner use one of the Lloyds accounts I had. I knew he got it into trouble but he said he would sort it out. It says in the notes that I agreed for him to pay the remainder (I never spoke to the bank about this!) And he paid £30 a month until the balance was almost cleared until Jan 2010, only thing is the money he paid into the account was taken straight out to pay credit card. Where do I stand on this? His name is on the statements. Does this mean I am screwed?

Is his name on the statements as a joint account holder or just as a 2nd user of the facility with you taking
all responsibility for the account.
Is there a statement showing the closing balance on the account?
nem

[pinklily]

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

Hi Nemesis

His name is on the statements as in who has paid the money in to the account. The account was only in my name. He set up a standing order to pay money in to clear the debt he had caused on the account, so that is why his name is on the statements. I think closing balance was -£137.

[nemesis45]

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

Hi Nemesis

His name is on the statements as in who has paid the money in to the account. The account was only in my name. He set up a standing order to pay money in to clear the debt he had caused on the account, so that is why his name is on the statements. I think closing balance was -£137.

OK looks like this is your responsibility.
Save me looking back how much is being claimed?

nem

[pinklily]

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

Not sure if there has been some confusion. Sorry this is complicated 😳

My ex paid money into the current account I had with Lloyds, as he got it into trouble, but Lloyds were taking the money straight out of the current account to pay debt on credit card (it says on the SAR that they took the money out of the account to pay credit card. But on the credit card statements it says that I had paid the money as it came from the current account. I had not acknowledge the current accout since 2007. But my ex made payments until Jan 2010.

As I can prove that I didn't put the money into the current account and Lloyds took the payment from the current account, and I did not acknowledge the credit card account since Jan 2008 will it still count as statute barred?

The amount BC are claiming is £2000.

[FlamingParrot]

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

Not sure if there has been some confusion. Sorry this is complicated 

My ex paid money into the current account I had with Lloyds, as he got it into trouble, but Lloyds were taking the money straight out of the current account to pay debt on credit card (it says on the SAR that they took the money out of the account to pay credit card. But on the credit card statements it says that I had paid the money as it came from the current account. I had not acknowledge the current accout since 2007. But my ex made payments until Jan 2010.

OK, so any outstanding overdrawn amount on the current account wouldn't be SBdbecause one of you still made payments, however, if the claim is for the credit card that doesn't make much difference.

As I can prove that I didn't put the money into the current account and Lloyds took the payment from the current account, and I did not acknowledge the credit card account since Jan 2008 will it still count as statute barred?

The amount BC are claiming is £2000.

For a payment to reset the clock it has to be made by yourself or someone acting on your behalf, not by the creditors themselves. In this case it looks like they were using their right to offset to make payments into the credit card account. IMHO that shouldn't reset the clock.

[pinklily]

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

Thanks for the advice guys. This is so confusing. My ex wasn't named on the current account in anyway, he had such a bad credit rating that he couldn't get his own bank account. Then he changed jobs (he was a chef) and the new company wanted to pay him into a bank account rather than cash in hand like his previous job. So I said he could use my bank account for his wages to go in as I wasn't using it, we didn't let the bank know what was happening, I didn't know I was supposed to.

Thanks again for advise.

Also wanted to ask I filled in the questionnaire on court/mediation, but I only sent it to the court is that right? I saw somewhere after that I should have sent a copy to everyone involved 😕

[FlamingParrot]

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

Thanks for the advice guys. This is so confusing. My ex wasn't named on the current account in anyway, he had such a bad credit rating that he couldn't get his own bank account. Then he changed jobs (he was a chef) and the new company wanted to pay him into a bank account rather than cash in hand like his previous job. So I said he could use my bank account for his wages to go in as I wasn't using it, we didn't let the bank know what was happening, I didn't know I was supposed to.

The main issue wasn't so much letting the bank know anything but not using that account anymore. Banks have the right to offset from one account to pay another when there is a defaulted balance. Surely he could have opened a basic bank account without an overdraft facility, even bankrupts manage to open one. Not that any of it makes any difference at this point.

Thanks again for advise.

Also wanted to ask I filled in the questionnaire on court/mediation, but I only sent it to the court is that right? I saw somewhere after that I should have sent a copy to everyone involved 

That's correct, a copy should go to the other side as well. Not everyone as such, just Carter in this case.

[pinklily]

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

Ah I see. He claimed he couldn't (I stupidly believed him) he even wanted to open an account in our daughters name so he could use it.

Ah poop! I didn't send a copy to BC, Is there anywhere I could get another to send to them?

[FlamingParrot]

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

Ah I see. He claimed he couldn't (I stupidly believed him) he even wanted to open an account in our daughters name so he could use it.

I know people with poor credit records who have opened bank accounts so it should have been possible if he tried.

Ah poop! I didn't send a copy to BC, Is there anywhere I could get another to send to them?

Someone here made the same mistake recently, they just downloaded and filled in the same info on a new questionnaire and sent it off. You'll find it here: http://hmctsformfinder.justice.gov.u...s/n180-eng.pdf

[pinklily]

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

Thank you Flamingparrot for the form :-) I will keep you all updated

[pinklily]

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

Hi guys.

So I just recieved an email with an appointment for a mediation session for the 30th of Oct. Does this usually happen? At what part do I explain that the debt is SB? Obviously they won't just take my word for it so how do I give them proof?

[FlamingParrot]

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

Hi guys.

So I just recieved an email with an appointment for a mediation session for the 30th of Oct. Does this usually happen? At what part do I explain that the debt is SB? Obviously they won't just take my word for it so how do I give them proof?

Hi pinklily

Statute barred is an absolute defence so I'd say that should be your first argument :grin: and no, you don't have to given them proof, the burden of proof is on the CLAIMANT to show it's not SBd by providing evidence of payments or written acknowledgments made in the last six years.