County Court Claim Form - Help & Advice Required

rick@findthatfuchsia

Came home today to find a County Court Claim Form from Robinson Way Ltd. They are claiming that I agreed to payy a loan by instalments.

How do I go about defending this, I had taken a loan out from Western trust in the mid 1990's that I paid off in full, however I have no paperwork to prove this. I moved to my current address just over 10 years ago and this is the first correspondence addressed to me. I want to dispute this claim and need advice on how to fill in the claim form to do this.

Any help and advice would be appreciated.

DarkConvict

Are you sure this is actually a CCJ form, not a letter made to look like one. It is likely to mention Northampton bulk processing court if it is one, or at least your local courts name. If still unsure contact the court named on the paperwork to see if it is legitimate.

Your first port of call is to send the DCA a prove it letter, have robinson way provided an address to write to? http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2

if it really is a CCJ form, 10past6 will give the best advice and i assume it would be to simply defend on the grounds you are unaware of any debts owed and this is the first you have heard about it. The DCA made no previous contact.

Any debts over 6 years old (no payment/written communication) would be statute barred anyway.

Finally, it could simply be a DCA fishing for information or someone to stick the debt on by matching similar names/addresses/date of birth. Have you checked your credit files lately, its recommended to do it every 12 months.
There are 3 agencies, and 2 have free online trials. I would recommend the one off £2 postal "statutory" reports. Info - http://www.ico.gov.uk/for_the_public/topic_specific_guides/credit.aspx

rick@findthatfuchsia

Hi

Thanks for the quick response.

Form is from the County Court Bulk Centre.

They have provided an address, so I will as you suggest send them a prove it letter.

Will wait for further info from 10past6.

Thanks for your help.

fatbelly

rick@findthatfuchsia wrote: »

Came home today to find a County Court Claim Form from Robinson Way Ltd. They are claiming that I agreed to payy a loan by instalments.

How do I go about defending this, I had taken a loan out from Western trust in the mid 1990's that I paid off in full, however I have no paperwork to prove this. I moved to my current address just over 10 years ago and this is the first correspondence addressed to me. I want to dispute this claim and need advice on how to fill in the claim form to do this.

Any help and advice would be appreciated.

To start with, acknowledge service and tick that you intend to defend the claim in full.

That buys you the full 28 days.

I would amend the prove-it to require a response within X days (maybe ten)

rick@findthatfuchsia

fatbelly wrote: »

To start with, acknowledge service and tick that you intend to defend the claim in full.

That buys you the full 28 days.

I would amend the prove-it to require a response within X days (maybe ten)

Many thanks 'fatbelly'

Any idea of the wording to put in the defence box?

nottoolate

but for the record

1. you dispute the debt is owed as you belive it was paid and require the creditor to provide proof it is still owed.

2. in any case the debt would be statute barred under the limitations act 1980. as such the creditor is no longer entitled to bring a claim against you. so this claim must be dismissed.

DVardysShadow

rick@findthatfuchsia wrote: »

Came home today to find a County Court Claim Form from Robinson Way Ltd. They are claiming that I agreed to payy a loan by instalments.

How do I go about defending this, I had taken a loan out from Western trust in the mid 1990's that I paid off in full, however I have no paperwork to prove this. I moved to my current address just over 10 years ago and this is the first correspondence addressed to me. I want to dispute this claim and need advice on how to fill in the claim form to do this.

Any help and advice would be appreciated.

Approximately when did you last pay towards this loan?

If it is 6 or more years ago, then the debt is statute barred and cannot be dealt with by a court.

Does the paperwork even relate to your Western Trust loan?

rick@findthatfuchsia

DVardysShadow wrote: »

Approximately when did you last pay towards this loan?

If it is 6 or more years ago, then the debt is statute barred and cannot be dealt with by a court.

Does the paperwork even relate to your Western Trust loan?

Loan was paid in full in the mid 1990's.

The claim form says 'Assignees of Western Trust/Paragon'.

On the particulars they are claiming interst from the 5/06/2006. If this is when the loan was defaulted then it cannot be mine as I have not entered into any loan agreements in the last 12 - 13 years, and certainly not from this address where I have lived for the last 10 years plus.

DarkConvict

Northampton is the Bulk processing centre, if you defend it goes to a local court.

I would put in the defence that this is the first you have heard of it, and the creditor has provided no proof that you owe this money.

Furthermore any loan agreements you have previously had have been settled more than 6 years ago so if this relates to any previous debts they would be covered the the Limitations act 1980 as the debts would be statute barred.

fatbelly

rick@findthatfuchsia wrote: »

Many thanks 'fatbelly'

Any idea of the wording to put in the defence box?

You don't need to do that until the 28 days are nearly up.

Don't worry about it yet.