Court CCJ threat

2004arron

I already have a prove it letter and it isn’t my signature on there. What would I need to prove I didn’t live at that address at the time? Would the bank be ok?

[Deleted User]

Council tax bill?
Electoral Roll record?
Other utility bills?

chanz4

defend on the grounds of fraud, and produce your signature evidence to the court

Willing2Learn

OP - What letter have you just received?
Is it a Letter Before Action?
What does it say exactly?

If it is a Letter Before Action, then the clock is ticking.... (32 days I think)

Gaz83

2004arron wrote: »

Hi Gaz.

It’s not the first letter I’ve had. In the past I’ve tried to dispute it but Lowell’s don’t really care

Did you receive anything before it went to Lowell's?

2004arron

the letter is a claim form from the court

Willing2Learn

2004arron wrote: »

the letter is a claim form from the court

Hi, if it is a claim form then you have 14 days to reply. I believe, you need to complete the Defence Form as the debt is disputed. There is also another form you can complete which extends the deadline to 28 days (gives you time to seek advice from National Debtline or equivalent)

https://debtcamel.co.uk/court-claim-form/

How to dispute the debt
If you don’t recognise the debt or you don’t agree you owe the money or you have a counterclaim, you must complete the Defence Form (N9B). Unless you are very confident about this, I suggest that you should phone National Debtline and ask for their help.
Don’t worry if the court is listed as Northampton County Court – if there has to be a court hearing you can ask for this to be in your local County Court.
You need to send the Defence Form back within 14 days. If you would like more time to sort this out you should complete and send back the Acknowledgement of Service form ( N9CPC) within the 14 days and you then have 28 days from when you received the forms to return the Defence Form.
It is important that you put in your defence within the given time. If you don’t, the court will usually award a CCJ “in default” because you didn’t defend the case. You can apply to have this set aside, but the fee for this went up in March 2016 to £255.

2004arron

so i have found a loophole in there case.

the account was opened 04.09.2009

they claim the account defaulted at the same address on 29.08.2014

off the bat i can trace back and prove i lived at a different address from 26.03.2012 via rent bank transfers.

so....

the default date would have been 26.03.2012 to 10.01.2019 = 6 years and 9 months which would make the account statute bar.

i know this account isnt mine but i'm looking at all options to defend the £854 they want

what do you think?

2004arron

thats fantastic Willing 2 Learn

[Deleted User]

Where were you living in 2009?

At the address?