Howard Cohen court papers

Options
MrsLev
MrsLev Posts: 2 Newbie
in Debt-free wannabe
This morning I received court claim papers from Howard Cohen for an old abbey national overdraft to the value of £1500.
I honestly can't even remember when this was from,I can't see it on my credit file I don't think either,unless I'm looking in the wrong place .
What do I do from here? Would really appreciate any advice please as I'm very worried. Thankyou

Comments

  • sourcrates
    sourcrates Posts: 28,888 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    Options
    Responding to the court papers would be a good first step.

    Acknowledging service online gives you more time to formulate a defence.

    A provit letter maybe helpful, check out legal beagles (received a court claim) for more info on your options :

    http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • MrsLev
    MrsLev Posts: 2 Newbie
    Options
    So I can acknowledge online ,OK Thankyou.
    Do you know why no such debt would be showing on my credit file? I'm confused !
    Will look at the link now .thanks
  • sourcrates
    sourcrates Posts: 28,888 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    Options
    MrsLev wrote: »
    So I can acknowledge online ,OK Thankyou.
    Do you know why no such debt would be showing on my credit file? I'm confused !
    Will look at the link now .thanks

    Could be more than 6 years old, in which case a statute barred defence would be appropriate.

    You need to check your dates.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    First Post First Anniversary Combo Breaker
    Options
    Hi Mrs Lev,


    So there are 3 credit files to check (Experian, Equifax and Call Credit), this may be worth doing to see if you can find any information on this debt. However, it will only show for 6 years from the date of default so if it is older than that, I am afraid your credit files won't help.


    If the debt isn't on your credit file, it is possible that the debt is too old to be enforced at court under the limitations act. The limitations act states that if there has been a 6 year block of time, with no payment or written acknowledgement to the debt (from you) and no court action started the debt becomes statute barred and is too old to be chased at court. The 6 years starts from when the debt falls due, which can be tricky to determine with an overdraft, you normally have to work from when it was called in.


    You need to bear in mind that any payment or written acknowledgement would restart the 6 year clock and if the account was in joint names with someone else that can affect the limitations act as well.


    You must reply to the claim forms within the deadlines and using the correct forms. We have a factsheet about this that may help - https://www.nationaldebtline.org/EW/factsheets/Pages/replyingtoacountycourtclaim/replyingtoaccj.aspx


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.3K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 248K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards