We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
CCJ/Court wrong information on debt issue

SteamingRain
Posts: 5 Forumite

Hi, I'm hoping I'm in the right place here. I had a loan with Barclays Bank years ago which I defaulted on. It was sold on to various companies and last year I received communication from one saying they were taking me to court to issue a CCJ. I received paperwork from the court to my previous address and the information about the debt says it's a Barclaycard credit card including a very dubious looking letter from Barclaycard.
I wrote on the court forms firstly that my address is wrong and corrected it, they've still communicated all court documents to my previous address.
Secondly I wrote that I can't admit to the debt because I have never had a Barclaycard for that amount or that account number. The only Barclaycard I had was significantly less and the account number is not the same. I think they've mixed up the loan and credit card. However I do not want to admit to this and pay it off for them to then come back in future with the loan details correct saying I haven't paid it because technically I wouldn't have paid towards to the loan debt, it would have been paid to this phantom credit card debt.
Is anyone available to help with this?
I am not in employment, I am a carer for my disabled husband and children. I do not have the money to pay so it would go to court and I'd get another CCJ with minimal payment that I'd be paying off forever. I already have a few and I also have a lot more debt that's not being dealt with that I'd really like to get on top of once and for all. But my immediate concern is this loan that I am now being summonsed to court in London, despite me saying I am autistic/disabled and can't travel far so would need to be seen in a local court. London is a 2 hour train ride away and then navigating my way to wherever it is in London. I really struggle with public transport and being in places I do not know.
Thank you.
I wrote on the court forms firstly that my address is wrong and corrected it, they've still communicated all court documents to my previous address.
Secondly I wrote that I can't admit to the debt because I have never had a Barclaycard for that amount or that account number. The only Barclaycard I had was significantly less and the account number is not the same. I think they've mixed up the loan and credit card. However I do not want to admit to this and pay it off for them to then come back in future with the loan details correct saying I haven't paid it because technically I wouldn't have paid towards to the loan debt, it would have been paid to this phantom credit card debt.
Is anyone available to help with this?
I am not in employment, I am a carer for my disabled husband and children. I do not have the money to pay so it would go to court and I'd get another CCJ with minimal payment that I'd be paying off forever. I already have a few and I also have a lot more debt that's not being dealt with that I'd really like to get on top of once and for all. But my immediate concern is this loan that I am now being summonsed to court in London, despite me saying I am autistic/disabled and can't travel far so would need to be seen in a local court. London is a 2 hour train ride away and then navigating my way to wherever it is in London. I really struggle with public transport and being in places I do not know.
Thank you.
0
Comments
-
Can I ask if you are buying or renting and if you are renting, private or social tenant?0
-
The court hearing should be held at the nearest court for the defendant, which is you.
You are going to need to contact the court to get it moved.2 -
ManyWays said:Can I ask if you are buying or renting and if you are renting, private or social tenant?0
-
Then I think you should talk urgently to a debt adviser about a Debt Relief Order to clear all the debts, including this one that is being taken to court.https://nationaldebtline.org/
National Debtline can also advise on getting the case transferred to your nearest county court, but if a DRO is your best option then it makes very little difference if there is a CCJ or not, in either case it will be cleared by the DRO.1 -
ManyWays said:Then I think you should talk urgently to a debt adviser about a Debt Relief Order to clear all the debts, including this one that is being taken to court.
National Debtline can also advise on getting the case transferred to your nearest county court, but if a DRO is your best option then it makes very little difference if there is a CCJ or not, in either case it will be cleared by the DRO.
I was trying to ask for advice on the debt (but think I got sidetracked and wasn't clear) because it doesn't have the right information and surely that can't legally be on court documents? I don't know how to prove the debt isn't real.0 -
Its common for debt purchasing companies to add two debts together from the same creditor, say a loan and an overdraft or a credit card and a loan, it makes things easier for them, but also means they can`t provide evidence of the debt as that account with that balance never previously existed.
Its perfectly fine for them to do that, I`m unsure at what stage in the legal process you are, I`m guessing they have summoned you to appear to answer questions?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-letter0 -
sourcrates said:Its common for debt purchasing companies to add two debts together from the same creditor, say a loan and an overdraft or a credit card and a loan, it makes things easier for them, but also means they can`t provide evidence of the debt as that account with that balance never previously existed.
Its perfectly fine for them to do that, I`m unsure at what stage in the legal process you are, I`m guessing they have summoned you to appear to answer questions?
I received CCJ paperwork which I responded to say I hadn't heard from the company about this, I then received a pack from them with the false info in. I responded to the further court form to say my address was wrong and the debt information was wrong. I now have a 'Notice of allocation to the small claims track (hearing)' letter from the court (still to my old address).0 -
They are two separate companies yes, but once the debts default, the company can merge two accounts together to make a 3rd, as I said before, this account will have no legal paperwork, so obtaining a judgment might be difficult for them because of this.
Debt purchasing companies do this all the time, its very commonplace.
This is the issue you should concentrate on as it may get you off.
@fatbelly thoughts on this???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-letter1
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 350.1K Banking & Borrowing
- 252.8K Reduce Debt & Boost Income
- 453.1K Spending & Discounts
- 243.1K Work, Benefits & Business
- 597.5K Mortgages, Homes & Bills
- 176.5K Life & Family
- 256.1K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards