Recieved a ccj claim form!

[Chops]

Hi everyone. Im not sure where to start with this but bare with me.

A letter came today addressed to my wife and is from "cabot financial limited" but is a ccj claim form!

The original debt is from a lloyds tsb current account which is owed £2519 but we have never paid or acknowledged the debt when letters have been sent (due to personal reasons)

We no longer bank with lloyds and havnt for many years but cant remember exactly when changed banks.
The debt appears to be over 7 years old so do we need to worry about the ccj or them chasing us for money.

Enclosed is a pic of the "particulars of claim"

any info and help regarding tbis is very much appreciated.
Thanks

[Amethyst]

Re: Recieved a ccj claim form!

It seems from the POC that the account was opened in 2007 ?

Is there a moneyclaimonline reference and password on the claim form ( bottom right side)?? and is it from Northampton Business Centre ?

[Chops]

Re: Recieved a ccj claim form!

It seems from the POC that the account was opened in 2007 ?

Is there a moneyclaimonline reference and password on the claim form ( bottom right side)?? and is it from Northampton Business Centre ?

yes there is

[Chops]

Re: Recieved a ccj claim form!

I honestly cannot remember when the acc was opened or when we moved banks. But i do know we have never aggreed to pay (this was all down to a £300 unarranged overdraft charge)

[Amethyst]

Re: Recieved a ccj claim form!

Okay, first job is to log in to moneyclaim online and acknowledge the claim , tick intend to defend in full, no need to write anything - then you have 28 + 5 days (33) from the date of issue printed on the claim form to work out what to do.

[Amethyst]

Re: Recieved a ccj claim form!

I honestly cannot remember when the acc was opened or when we moved banks. But i do know we have never aggreed to pay (this was all down to a £300 unarranged overdraft charge)

Okay so it sounds like it won't be statute barred if only opened in 2007.

Do you have copies of statements etc from the time you got the charge and since ?

If not we'll need to send a SAR to Lloyds to get transaction lists (would be a good idea to do this anyway for any other documents lloyds might have) and we should also send a letter asking for documentation (default notice, statement of account, inception agreement and terms etc to Cabot)

Have look in the library for the SAR and the CPR 31.14 request letters.

[Chops]

Re: Recieved a ccj claim form!

So there is nothing we can do to clear the debt other than pay it? Even tho its over 7 years old!
what will happen if we do nothing? Can they then send bailiffs around or will the debt just be written off and a ccj given?

[Amethyst]

Re: Recieved a ccj claim form!

If you do nothing you'll get a CCJ and subsequent enforcement, which could be attachment of earnings, charging order, bailiffs etc. So best to deal with it and defend if possible. A CCJ will stay on your credit file and register of judgements for 6 years from the date it is awarded.

Get it acknowledged and we can go from there.

If there's no realistic defence you can negotiate a settlement with Cabot ( full and final or instalment), otherwise you can admit the debt, and make an affordable offer to pay by instalments through the courts.

[Chops]

Re: Recieved a ccj claim form!

I think the best plan will be to negotiate a payment plan as we have no way to defend the claim. But there again its in my wifes name and she doesnt work and only has tax credits to her name (as well as my pityfull wage. Lol)

[Amethyst]

Re: Recieved a ccj claim form!

Well before you go for that, can you remember much about this £300 overdraft charge ? and how it resulted in a £2.5k court claim ?

[mystery1]

Re: Recieved a ccj claim form!

But there again its in my wifes name

The account, the claim and/or the assignment ?

M1

[Chops]

Re: Recieved a ccj claim form!

The account, the claim and/or the assignment ?

M1

All of it

[Chops]

Re: Recieved a ccj claim form!

Well before you go for that, can you remember much about this £300 overdraft charge ? and how it resulted in a £2.5k court claim ?

I cant remember what i done last night,let alone 7 years ogo. Lol.
From what i can vaugly remember is that my wife had a planned overdraft (cant remember how much but roughly £500) and went over it without us knowing. The bank charged her a daily unplanned O/D charge of £10 per day for a full month which we only found out about when the monthly statment came in. After several heated phone calls we changed banks and forgot about the debt.

[Chops]

Re: Recieved a ccj claim form!

I thought debt over 7 years old were written off?