Claim forms sent to BOTH parties to a joint account

[ScabHunter]

In a case which I am trying to prepare a defence for on the main DCA forum, it has now transpired that our old friend "Bottling" Bryan Carter has sent out two identical claim forms.

 

I know joint accounts can be nasty, in that each partner is jointly and severally liable for the entire balance of any debt on the account. Meaning that if your partner runs off with the milkman having run up thousands in debt on the account, the debt collectors can chase you and hold you responsible.

 

In this case, the entire alleged debt is made up of unlawful charges which occurred when direct debits were taken out before the scheduled date. The claimant's solicitor, dear old Bryan, has now issued a claim against both the husband and the wife, simultaneously, for the entire amount of the alleged debt.

 

Now, the defendants are justifiably worried that they will BOTH end up having to pay Carter for the same debt. A debt which they don't believe is genuine anyway.

 

So, what is the best way of defending against this? Is it simply a case of submitting identical holding defences (Carter has not complied with CPR requests - surprise surprise), or do the defences need to incorporate the fact that two claims have been issued?

 

Any help or advice would be gratefully appreciated.

 

SH

[rory32]

Now, the defendants are justifiably worried that they will BOTH end up having to pay Carter for the same debt.

They shouldn't be. The creditor can not recover the money twice. They can however pursue both of them if they so wish and this would result in them sending out seperate claim forms.

 

So, what is the best way of defending against this? Is it simply a case of submitting identical holding defences (Carter has not complied with CPR requests - surprise surprise), or do the defences need to incorporate the fact that two claims have been issued?

 

They will each need to fill in there seperate reply forms and submit indentical holding defences (if they only sent one reply form back the other person may get judgement awarded against them). They don't need to incorporate the fact that two claims have been issued.