Urgent help - Court Claim Forms Recieved

[myster]

Today my other half recieved a 'claim form'

 

The claimants are 'equidebt limited'

 

The forms seem a bit dodgey as the stamp is printed and not a proper stamp for the court. Also the signiture for the claimants solicitor at the bottom of the page is printed name and not properly signed.

 

Upon opening the letter the letter there are 4 papers.

 

The first is titled claim form with details of claimant, defendant, court details, claim number, court costs, solicitors fees and a printed barcode at the bottom.

 

The second page is titled 'resonse pack'. this goes into details of whether you defend all the claim, intend to defend partial claim, intend to contest jurisdiction.

 

The tird page is a continuation asking for details of above questions, personal details, dependents, employment, bank a/c savings, residence, income/expendature, priority debts, court orders, credit debts, offer of payment.

 

The fourth page is titled 'Defence and Counterclaim'

 

She has 14days of date of letter to reply and send back forms.

 

Any help/suggestions?

 

All help is appreciated.

 

Myster

[freakyleaky]

Can you scan the forms and post them here for people to take a look at?(minus and personal or identifying details)

Who is the original creditor?

[myster]

I will do the scanning by tonight.

 

My other half deosnt live with me. All the previous debt letters that this company has been sending and the other agencies for the past year and a half have never been given to her.

 

As she has never lived at the address they have served the previous letters and this claim, is it a case that they cant serve a court claim on her as the address is not right?

 

 

Kind Regards

[myster]

Hi,

 

Can a creditor class a notice of default as being 'served' if they didnt send it to correct address?

 

Can a court claim form notice be sent to incorrect address and the creditor make a CCJ against a person if they have no knowledge of the letters they have been sending for the past year and a half?

 

Im not sure if the law has any rules regarding the address of the person who they are trying to trace as having to be correct.

 

Thanks

[freakyleaky]

2 threads merged and moved to debt collection forum.

[42man]

You need to send it back stating not known at this address on the envelope....otherwise your other half will get a default judgment....unless of course she wants to defend / acknowledge it (which will need doing within 14 days of the date on the claim form)

[Belaflat]

I would be wary of sending it back as a default judgement may be entered anyway as they may say it is the last known address.

Firstly, has she ever lived at that address and secondly, did you keep all the mail or return it to the sender.

[myster]

She has never lived at the address.

 

I spoke to the solicitors today and explained to them that approx a year and a half ago I offered to pay half her debt (50%) as a full and final offer to settle the a/c. The debt collection agency at the time agreed but said they would not put it in writing. I then was weiry of paying it as thet could have still chased the remainder. Ever since then they have been sending me her post at my address.

 

Ive binned everything that has ever come and never sent it back. I explained this to the solicitors and then further said that I would write to the courts explaining this is the case that she has never lived at my address. She then went on to say that they will retarct the court hearing? Not sure if they will continue with a CCJ. Do you think this is likely?

[cymruambyth]

Do not believe anything unless it is in writing. They have been known to tell untruths and continue with court action

I would phone the court and check that it is genuine.