CCJ in wrong name

Marktheshark

Can you type up "particulars of claim" from the form removing anything that identifies you such as names or account numbers.

SueP19

Thank you so very much.

There is an account number listed on the form and it is not the joint account that we had with them

I just hope that this doesn't come back at me, had long dealing with H*BC and they are gits.

SueP19

The claim says

"The claimant's claim is for the sum of £xx under an agreement regulated by the consumer credit act 1974 between the defendant and H*BC bank acc number xxxxxxxx and assigned to the claimant on XX/XX/XXXX The defendant has failed to make payments in accordance with the terms of the agreement"

Marktheshark

So he is not listed on this account number by name as it is in your name only ?
He has to defend this or he WILL GET AN AUTOMATIC CCJ.
So he is going to have to MAKE TIME, to sit down, log in if it is money claim online, select to defend the case and file a defence.
If he does not he will get a CCJ regardless of whos name things are in.
It will not go away and if ignored you will have Bailiffs turning up.


You must now ONLY deal with the court and not H*BC, or again he will get a CCJ.
Only a correctly filed defence on time can prevent a CCJ, if they do not withdraw he will have to go to court for a hearing.

If he is not on the account number he should be looking at a defence of.

Mr XXXXXXX Denies any liability to the claimant on the grounds that he has no contract with the H*BC.
Mr XXXX (hubby) is not a party to any contract or agreement under consumer credit act 1974 regulations and has no liability to a debt claimed for which he has neither signed to, arranged, taken out or has not agreed to be assigned to any debt or contract.
The onus must be upon the claimant to produce proof of any contract or agreement they claim me Mr XXXXXXX to be legal party to .
If H*BC can not provide signed credit agreement, loan contract or what ever it is they claim to hold then I request that the claim be struck out and the expenses of £90 be awarded to me for my time taken from work and travel to court.

SueP19

Thank you so much