some advice please - court bailiffs

[lisaf]

Hi all,

hope some wonderful person on here could give me some advice (again)!

In April, I sent off a cca request for a debt with lloyds (about £15k) for my OH. This original debt was originally made up of 3 loans (I think) and overdrafts but mostly unfair charges (although I've never SAR'd them which I should have done).

Anyway, they only replied once chasing the debt and i wrote back telling them that they should have produced the agreements.

The problem is this has already ccj'd a few years back and today I've received a letter from the court's bailiff for my OH saying that the debt is £14k and bailiffs costs £156 to be paid immediately.

Now this letter has actually gone to the house that we used to live in (now my sister's place) and not my OH proper address.

Also OH works in USA most of the time so I just don't know what to do.

Does this letter mean to pay just the bailiffs costs for now or the whole amount?!

Can I send the letter back 'not known at this address' etc? I'm just really panicking now as we haven't paid an installment for about 10 months.

We definately can't afford to pay the whole £14k now.

All your advice very very gratefully received.

Lisa x

[tiglet]

You need to try to get a set aside on the grounds that you were unaware of the unlawful charges and if you had known, you would have defended the action. Go to the court and fill in form N244. There is a charge for this.

 

Get the SAR off immediately too.

[lisaf]

Thanks Tiglet, they want payment by the 1st October do i still have time? And also can I fill out the N244 on behalf of my OH?

I'll get the SAR sent 1st thing tomorrow.

Ta very much

Lisa x

[tiglet]

I'm not sure if you can fill it out on their behalf - phone teh court in the morning to ask.

 

Contact the company in the morning and advise the account is in dispute and you are applying for a set aside. Ask them to confirm in writing no further action will be taken until the judge has made his decision.

[lisaf]

Ta very much Tiglet, I'll call them all first thing in the morning.

LIsa