Thanks Guys

Hiya, Need a bit of advice on what we should do next ...... The new hearing date was set for early September, but this morning my son received a "Notice of discontinuance". So obviously they are not going to proceed with the case - but does my son have to do anything now? And does this mean that he can apply to have this removed from his credit file? That is really all I'm concerned about now is getting this off my son's file. Thank you btw to everyone who commented on this and offered me advice .... it was very helpful

An update ..... Hearing was scheduled for 2nd July. We received court bundle from claimant and submitted our bundle by the deadline. Claimants bundle consisted of all statements for the account, an unsigned copy of the credit agreement and the default notice. Son's bundle consisted of a statement from my son - the defendant, a statement from me - the witness and a copy of an email received back from the original creditor's fraud dept replying to an email I sent back in 2012 telling them that the account was not my son's, but mine. There was also a letter with the claimants bundle saying that they would not be attending court and that the court had been notified of this. My son included a letter with his bundle to say that he could not attend court on the day either. So today my son received this letter from the court: Upon the non attendance by either party IT IS ORDERED THAT 1. The trial is adjourned to the first available date after 30 July 2015, time estimate 30 minutes, to enable the Claimant, if so advised, to comment in writing on the documents submitted by the Defendant as received by the court on 18 June 2015. 2. The court office must send the Defendant documents to the Claimants solicitors as soon as practically possible. 3. The Claimant (by itself or its solicitors) must file and serve it's comments on those documents by 4.00pm on 23 July 2015. Dated 2 July 2015 Any thoughts? ............ Thanks Incidentally, I received an email last week saying that someone had attempted to access my account on here, but as they submitted the wrong password 3 times they were locked out - why would someone do that?!!

Thank you steampowered for your reply. I AM doing my best to sort it I really did have genuine questions for Bandit. If I will be doing my son some sort of dis-service in trying to sort this out for him then I would appreciate knowing why so I can change things. Obviously my son is going to read and understand everything. He won't be going in blind - he is an intelligent man, but he doesn't want or need the hassle of sorting this out. He will be going in with all the facts, he will just tell the truth. The truth is the absolute facts - he knew nothing of this. That will be his defence. it's up to the court whether they rule in his favour, but he can't change the facts. If they don't find in his favour then the debt will be paid straight away, but I feel I have to at least try and get this off his credit file. I will be filling in the defence this weekend for him, ready for him to look over and sign - the deadline I believe is 30th Jan, so we have to get it sorted this weekend. Thanks for all your replies

Thanks for you reply Bandit, I do appreciate it - however, can I sense a bit of an undertone in your reply?! Can I ask why you think my son may not appear as a credible witness if I write his defence? What would be the difference of him coming on here and getting the advice to write up his defence himself, as opposed to me doing it with the same facts?! Who would know he hadn't written it? Most people who come on here do so to gain the advice and help of others, and most use the letters and templates on here not written by them - is that not the same thing?!! I am hoping that with the help and advice of the people on here willing to help me that I can in fact mount a credible defence for him - or do you think that is that something that is beyond the realms of my capabilities? Is the fact that my son knew nothing of this not a decent defence then? It is 100% my fault so why should I not do my very best to help him? Even if that means putting myself up for judgement on here? And anyway, doesn't everyone want their "day in court"? I have been advised by others on here that if a CCJ is in fact put on his file, if it is paid within 28 days then it will not show on his file - however the default still will and this is why he wants "his day in court". He wants it removed. I understand what you are saying about being prepared to pay up if it gets tricky - and I am prepared for this, but I have in fact had a decent nights sleep since I have received some very good advice on here

Ok, so I broke the news to my son - and as you can imagine he is very much less than happy - to say the least ...... So, the papers were signed saying he will defend it in full, obviously. My husband posted the acknowledgement on Saturday morning, but stupidly I forgot to ask him to send it with proof of posting - so let's just hope it gets there in time. My son has told me I have to sort it out for him, that I have to do all the letter writing - he will just sign them. (He works nights) He doesn't want me to pay it straight up because he wants his credit file cleared, so he wants his day in court. Thank you to all you guys in advance for your help = I think I'm gonna need it :S

Ok - so if they don't drop the court costs - what about the interest? They can't ask for that can they? I just thought that if the debt was paid before the court papers were acknowledged, they couldn't ask for the court costs. They decided to file the claim, but the debt is now cleared before it has come before the court, so how can they enforce any costs relating to the claim?! The debt is owing, but surely the costs don't come into effect unless the court have had to enforce the debt? Or have I got entirely wrong?!!

My husband has some money put by for a new boiler - was hoping to finally get some heat in this house, but hey ho! A good nights sleep is what I really need right now, and until this is sorted I won't be getting any! CitizenB, who would I need to pay? Go direct to Lowell or to the solicitors? I really have only 20 quid more available than the actual debt so I can't pay the court costs so really don't want to go the solicitors route if I don't have to. Then if it were paid would I then inform the court of this and if so how? Sorry, I used to be quite au fait with the processes, but medication sends my brain into a complete fog! Thanks

Thanks guys for your advice so far ..... I have another question - what if I pay the debt off now before it goes to court? If I pay what they want on the POC minus the interest (as it hasn't been ordered by the court), and the court costs and fee's - just pay the actual debt - what would happen then? Obviously there would be no debt to take to court ...... what do you think? Thanks, Stupid mum!

Well, whatever happens he will need to defend this - if only to buy us some time. Would someone be kind enough to advise what he should put on the defence form? Is it worth doing a SAR request? I still can't believe there is no way to prove this isn't his account; the email address registered to this account is mine, it is registered to all my personal accounts and my bank accounts, it was always my card that was used to pay the account, and always me who signed for the parcels - apart from the initial opening of the account - none of his data will be associated with it in any way. What about if I go to the police now and admit what I've done?! Will this have any bearing on the court case? He's so screwed - all because of my stupidity!!!

What about the default etc that will be on his credit file pertaining to this account? If they agreed a reasonable discount I could probably pay it ... .. but are they known to do this and how should we go about it?

Thanks unclebulgaria for your reply. Do you think that we should communicate directly with the claimant, offer to pay if they change the name over to mine and remove all reference of it from his credit file. I don't care what they do to me, but I cannot let this affect his credit - I have to get it removed for him. I have found the reply to the email that was sent a few years ago to the original creditor and they offered to change the names over if we contacted the fraud dept. This is the reply where they also advised my son to go to the police. Obviously the word "fraud", made me bury my head in the sand again ..... I really didn't digest the contents of it properly. Would it be worth pursuing that route again? What do you think the chances of getting the debt reduced to an affordable amount that I could pay off in one lump sum is? Are Lowell's known to do this? I just find it hard to think that even if my son denies this debt, and I admit it that the court could still find in favour of the claimant and CCJ my son. What would my son want with women's clothes?!! This really is stressing me out now!!

Thank you

Just found an old statement dated 09/07/2011 and is numbered statement 36. By my calculations that means the account was opened 3 years previously in 2008 - so that puts a whole new slant on things I'm guessing? Doesn't change the facts though .......

I am totally ashamed and embarrassed about this, I am not sleeping and I don't know what to do, as I imagine most posters on this site are. We are all human and make mistakes - but you're right guys, I need to work with my son as he needs to defend this. I am just trying to get ahead with a plan before I have to tell him about the claim. I am opening his mail as I could see it was court papers - I don't normally open his mail, that's why I had no idea this was going to court. He doesn't live here anymore, so the only mail that comes here is from this company. Right POC of Claim are as follows: THIS CLAIM IS FOR 1416.23, THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND/OR SERVICES AND/OR GOODS. THIS DEBT WAS ASSIGNED TO/PURCHASED BY Lowell Portfolio I Ltd ON 07/01/2013 AND NOTICE SERVED PURSUANT TO THE LAW OF PROPERTY ACT 1925 PARTICULARS RE - JD WILLIAMS A/C NO ******** AND THE CLAIMANT CLAIMS 1416.23 THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY ACT 1984 AT A RATE OF 8% PER ANNUM. FROM THE DATE OF THE ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO 113.30 The grand total is 1714.53 with costs and fees. The solicitor is Bryan Carter. Is there a chance that they would agree to a full and final settlement with a discount before it goes to court. If we were to offer them an amount do you think they would accept it? I cannot afford to pay the full amount, but maybe half the debt and the costs and fee's. My son will not be able to help me out with this, he has a young son of his own and like most young couples they are just getting by themselves. Do you think I would be worth sending them a CCA request? I know nothing has ever been signed, but I can't recall if it was opened before April 2007 or not. I know he was 18, so it was definitely 2007. If anyone could help me with what to do now, how to start defending this I would be very grateful. Thanks

Thanks for your reply CitizenB, Unfortunately paying the debt off is not an option for me - it's almost £1800. Even if I could, which I can't it would stop the CCJ, but it would still be on my sons credit file. I need to sort this out for him, get it completely off his file and restore his good credit history. I don't see how they can go ahead with their claim if I admit he knew nothing of it and that it was me who opened the account? That is obviously going to be his defence and I will submit a letter to the court in his bundle to that effect. I cannot let him get a CCJ for this and I will go to the police myself if I have to. I don't think it is worth submitting his defence saying he didn't open the account without me admitting I did as they might not believe him. If he does end up with a CCJ is there an appeal process? Thanks

The issue date is 30th December. I am trying my best to sort this out without him having to do anything other than sign the court papers. I will have to tell him tomorrow about them, but I was hoping to have a plan of action in place when I do ....... soften the blow a bit

Thanks for you reply. I see in the thread above that you asked me to read, it says direct communication with the creditor is encouraged by the court. I have drafted up an email to send to Lowell Portfolio who have initiated the court claim stating that it is not my sons debt, that it is indeed mine and offering to set up a payment plan with them if they agree to withdraw the court action. We will still defend the claim until it has been resolved one way or the other - but the fact that my son is not admitting to the claim and I am is surely enough to prove it isn't his debt? Therefore they won't win in court, so are more likely to accept my offer of a payment plan?! Then the court can see that we have tried to resolve this without the need to take up the courts time. What do you think? Will it prejudice the claim in any way? I really can't let my son get a CCJ, he is very strict about paying bills and it will put our all ready rocky relationship under more strain. Thanks

Hi, I need some advice regarding a debt in my sons name that I opened. 8 years ago I applied for a catalogue account on line and was turned down. I then changed the name to my sons and was accepted. The intention was never to commit fraud, and the fact that it probably was fraud never crossed my mind. I maintained the account for about 4 years, by which time my son had found out that this account existed and obviously was not very happy about it. I was (wrongly) advised to stop paying it and then when it went to debt collectors to explain the situation and they would change the name over and let me pay it off. Big mistake! The debt collectors have refused to deal with me, and my son has refused to deal with it as it is my "mess". I sent an email on my sons behalf about 3 years ago explaining that it was not his account, that it was mine and their reply was to advise my son to go to the police and have me charged with fraud, obviously neither he, nor me want this. He has also emailed the debt collectors a few months ago asking for the original signed consumer credit agreement, but they have not responded. Obviously they will not have it. Today I received court papers in my sons name for this account. (He doesn't live here now, and I can clearly see it is court papers). His credit history is perfect, he has never even paid his phone bill late so I really need to sort this out for him. How should he defend this? Obviously he will defend the whole claim and ask for the signed consumer credit agreement, but should he put in the court papers that it was me who opened the account, or should he just leave them to prove the onus is on him, that he denies it is his account and that they have to prove it is his? I don't know how it works. Obviously I am a little bit worried that I may be charged with fraud - that was never my intention, it never even crossed my mind back then, but I have to sort this out for my son. If the debt collectors agreed to change the name to mine and remove it from his credit file I would be happy to set up a plan to pay it off. We did initially approach them with this and that is when they said to go to the police. Should we send them a letter now with this proposition, in the defence time asking them to withdraw the court papers? How should we proceed for the best outcome? He recently applied for a loan and was turned down because of this so I really need to sort it. The catalogue is a plus size woman's clothes catalogue btw - he was an 18 year old when the account was opened. Thanks in advance - from a very silly mum!!

Ty Tomtubby for your reply. You have answered my query as to what to do, I will get my son to do this. I appreciate the replies that offered genuine advice - some I felt just wanted to make me feel like a bad parent!!

Coniff - neither I nor my husband have done anything to warrant a bailiff visit ...... so therefore how are we trying to avoid the bailiff?? I'm trying to avoid getting my car siezed for a fine that isn't ours. I'm trying to establish how to make sure the bailiff complies with the law.

Thanks for that Conniff - but I actually wanted advice on what to do with the bailiff - not parenting advice on what to do with my son. For the record, he got rid of the car over a year ago - and doesn't have another because he can't afford to run one. He also has a baby to look after - so I'm not going to let the bailiff know where he is, sorry if you feel I should - but i'm thinking of my family first!

No - the middle names are different - but for some reason he didn't have a middle initial - just the forename and surname. We showed the bailiff my sons old provisional driving licience and my husbands, so at least he could see there really were 2 of them ...... and he left, but that doesn't mean he won't be back. I can't believe they don't come across this often - it's not unique to have a father and son named the same ..... and how would we prove the car was not my husbands car but my sons car that got the penalty notice? Could we ring DVLA???

Yes Green and mean - my husband and son both have the same name. Is that so unusual? We know of lots of fathers and sons with the same name .....

Green and mean - there is a space on the registration document (section 6) to enter your date of birth ..... something my husband and son did ... to avoid any confusion as they do have the same forename. But thanks anyway guys for your swift and helpful replies!