CCJ Claim form received, no memory of debt, advise please.

[EverWonder]

Good evening,

 

I'm hoping somebody can offer me some advice.

 

I've been searching the site for some time however I feel my circumstance is slightly unique.

 

My partner received a CCJ claim form from Northampton CCBC, dated 07 FEB 2014.

 

she has 14 days from the 12th FEB to send her reply in.

 

"The claiments claim is for the sum of #981.98 being monies due from the Defendent.....

 

...between the Defendent and Lloyds TSB Bank PLC...

 

...under account reference 1#########41

and assigned to the Claiment on 30/06/2013 notice of which has been given...

 

... The claim also includes statutory interest persuant to section 69..... #39.96"

 

Amount claimed: 856.98

Court fee: 55.00

Solicitor's costs: 70.00

Total amount: 981.98

 

My partner suffers from bipolar disorder and can not remember taking out any loan or credit.

 

She has received letters and ignored them assuming they were not applicable to her as she has, in her mind,

never taken out any credit with any bank, let alone Lloyds TSB.

 

After much discussion both my partner and I are seriously considering this debt may belong to her

and was something she applied for whilst ill/in a state of psychosis caused by her illness.

 

Time is running out and we need to be sure this is her debt before we pay anything to the court.

 

If we send a defence to the court,

attaching a doctor's note,

explaining our circumstance

and send a copy to the Claimant 'Lowell Portfolio'

 

will the Claimant be able to provide proof of the debt before the court goes to hearing?

 

All advice is appreciated, we're not sure what to do.

 

I will add, if the debt is hers we're completely happy to pay it back, we just need clarification.

 

Thank you,

Edited February 14, 2014 by EverWonder
Spelling

[EverWonder]

To add,

 

I've been with my partner for over 4 years and I know for certain she didn't apply for any credit in this time.

 

If the debt was applied for by her it was atleast 4, maybe 5 years ago.

[AndyOrch]

Hi EverWonder and welcome to CAG

 

Have you checked her credit files to see if the debt is registered and defaulted?

 

Regards

 

Andy

[oleg]

Any past account with another member of Lloyds Banking Group perhaps, eg Bank of Scotland or Halifax?

[EverWonder]

Good morning,

 

Thanks for the replies.

 

I will advise her to get a copy of her credit report this afternoon.

 

As for other banks that may be linked... it's a possibility for sure but we've no knowledge of ANY credit/debt with anyone, we don't work like that we save for everything.

 

I'll get back once I've got the report.

 

Many thanks.

[EverWonder]

It would seem it is a Lloyds loan from 2009, she has no recollection of getting this loan.

 

It is becoming a bit of a worry.

 

Can I send a request for proof of the loan to the creditors and also to the courts, along with a letter explaining the situation? Or will this not be sufficient to hold the proceedings for a couple of weeks until we have all the necessary information?

 

Part of me is thinking I should pay it for her and avoid any more stress.

[AndyOrch]

I would request a copy of the agreement (section 77 request template in the Library) Head the request " I do not acknowledge any debt with your company "

 

You can also request a copy of the Assignment referred to in their particulars using CPR 31.14 (again in the Library).

 

Acknowledge the claim on line by the specified date (date on claim +5+14) and defend all (this gives you another 14 days) so 33 in total which will allow time for you to consider your course of response.

 

Regards

 

Andy

[EverWonder]

Hi,

 

Really helpful replies here. Thanks.

 

I've composed Sec 77 and CPR31.14 letters. I'll send these to the bank first thing in the morning. We've also defended all the claim on the website. Hopefully things will become clearer.

 

Thanks for all the advice, we really appreciate it.

Edited February 19, 2014 by EverWonder