Can solicitors change name of debt!

[Happyme!]

I am wondering if someone can help. Lowell and Overdales are taking me to court for catalogue debts. These are not in my name and I have no knowledge of the accounts. Overdales are saying they can apply for the name to be changed on the accounts to the name on my legal identification. Are they allowed to do this?
They have no proof that I am the person who opened these accounts and on receiving my legal identification they have gone to the original creditor who has disclosed information about an account which was in my legal name which I claimed PPI. This account has no relevance to the account they've chasing but they seem yo be putting 2 and 2 together and coming up with 5.
Also one of the accounts they have no default notice and haven't produced it and have stated there was an error when it was issued in 2019 so not sure if they can enforce this in court.

Any help appreciated thankyou.

[echat11]

Hi Happyme!

Welcome to LB

Have you received a Court Claim?

How old are the accounts?

[Happyme!]

Hello, yes I have received a claim and submitted my defence and just received a directions questionnaire today. The accounts were opened in 2015 both defaulted 2019.

[Happyme!]

Thankyou for the welcome is anyone able to help with the questions I've asked?

[echat11]

Thankyou for the welcome is anyone able to help with the questions I've asked?

It's a strange one because you are saying 'These are not in my name and I have no knowledge of the accounts'.

Then you are saying 'the name on the claim form is correct, but the name on the accounts is wrong', can they change that to the name on the claim form.

If you have no knowledge of the accounts, then the accounts has been set up by someone else, not you.

Your Defence would state that and you would go about proving that.

Did you make a request under CPR 31.14 before filing your Defence?

Did you make a SAR request?

Did you make a CCA request?

[Happyme!]

Thanks echat sorry my post may have confused the name on the claim form is not mine ie different spelling of first name and different surname but is similar.

I was advised not to ignore the claim form and to prove I am who I am as the name is similar.

With regards to my defence I had to file it quickly as the form came in December and I have had major delays with Royal mail delivering post so by the time I received it I had 2 days before the deadline. I have defended the case and have legal identification in my name.

I have 2 CCA that just contain the name in question and my address not my name. I have no notice of assigments and 1 default notice, the other they said they sent but then I have correspondence stating it was invalid as it provided insufficient time to remedy the breach of the agreement.

The Solicitor are threatening to change the accounts to my name because they have my legal id and have gone back to the original creditor who have disclosed I had a previous account with them which I did. This old account was mine in my legal name and nothing to fo with the accounts they are referring to.

At the time of the accounts opening there was not just myself living at the property so I believe someone else opened them and have used a name similar to mine.

Not sure where yo go from here, any help is appreciated.

[echat11]

Thanks echat sorry my post may have confused the name on the claim form is not mine ie different spelling of first name and different surname but is similar.

I was advised not to ignore the claim form and to prove I am who I am as the name is similar.

With regards to my defence I had to file it quickly as the form came in December and I have had major delays with Royal mail delivering post so by the time I received it I had 2 days before the deadline. I have defended the case and have legal identification in my name.

I have 2 CCA that just contain the name in question and my address not my name. I have no notice of assigments and 1 default notice, the other they said they sent but then I have correspondence stating it was invalid as it provided insufficient time to remedy the breach of the agreement.

The Solicitor are threatening to change the accounts to my name because they have my legal id and have gone back to the original creditor who have disclosed I had a previous account with them which I did. This old account was mine in my legal name and nothing to fo with the accounts they are referring to.

At the time of the accounts opening there was not just myself living at the property so I believe someone else opened them and have used a name similar to mine.

Not sure where yo go from here, any help is appreciated.

Have you reported the matter to the police?
That is what you are saying, that the accounts were taken out fraudulently by somebody else. That would prove to be helpful.

Also you could contact the ICO if you believe your information is being misused i.e.
Creditors using your ID to amend accounts that aren't yours.

https://ico.org.uk/

[Happyme!]

Thanks echat I had looked on the Action Fraud website and wasn't sure if I could report it as the accounts aren't in my legal name as such. It was only in 2023 that letters started to come to my address that I was made aware of these accounts and I just thought they had the wrong person and then the court letter appeared and it's been a bit of a whirlwind since then! I'm not clued up on this at all but will report it if it will help my case.

It is not the creditor who have used my ID it is the solicitor acting for Lowell who have said they will apply to change the name. Is this just a scare tactic as then they have offered a reduced payment of the debts but why would I make payment on debt accounts I didn't open and have no knowledge of. Surely it is down to the judge to decide once a date for court is set?

[echat11]

Solicitor acting for the Creditor.

Report it via Action Fraud, if it isn't listed, there should be 'Other' on the menu, use that.

[Happyme!]

Thankyou so much echat my knowledge on this stuff is limited but thankyou so much for the clarification.

Thank you for the Action Fraud advice i'll have a look and get it reported.

I have my directions questionnaire to fill out for I tick yes to mediation? It has to be returned for 29th Feb.

Do I need to do anything else before sending this back?

Thank you

[echat11]

Did the Court send you the DQ?

Make sure you write the Reference no you get from Action Fraud down.
Screenshot it.

Tick 'yes' for Mediation, but also write on the DQ 'that you have requested documents which remain outstanding'.

https://legalbeagles.info/library/gu...uestionnaire//

You can email a copy of the DQ to the Court.

In the subject line write - Case No: XXXXXXX - DFENDANTS - DIRECTIONS QUESTIONNAIRE - XXXXXXXXXX v XXXXXXXXXX

ccbcaq@justice.gov.uk

and a copy to the creditors solicitors via post, make sure you get Proof of Postage.

[Happyme!]

Thank you echat I will make sure I follow your advice for Action Fraud.

I received the directions questionnaire a couple of days ago, thankyou for the email address for the court that's most useful and the proof of postage and mediation advice.

The Claimant has ticked on their questionnaire that they don't want to attend a hearing just have the judge read the evidence, is this usual for them to do this?

[echat11]

Thank you echat I will make sure I follow your advice for Action Fraud.

I received the directions questionnaire a couple of days ago, thankyou for the email address for the court that's most useful and the proof of postage and mediation advice.

The Claimant has ticked on their questionnaire that they don't want to attend a hearing just have the judge read the evidence, is this usual for them to do this?

it's not unusual, they either think they have a strong case or a weak case, they don't really want to add to their own costs.