Claim form from lowells under old name for LLoyds debt [changedname by deedpoll]

[sillychild]

Default Terrible Teen Debt

Hi Guys,

 

Need some help and guidance,

 

I will be the first to admit I was stupid for doing this but I got involved with a bad circle of friends

and ran up some debt with loans and credit cards.

I buried my head in the sand and decided to stop paying these off.

 

It all got a bit too much so I decided the best way out would be to start fresh

and change my name which I did successfully via deedpol.

 

I have recently received a CCJ on my old name for this debt

it's been a long time since I stopped paying this off.

 

I do not have a clue who I owe this money to it has been that long.

I can no longer access my credit file for my old name as I don't have any ID what so ever to verift this.

 

I am aware of the statute barred rule and I am sure it has been longer than 6 years

since I stopped responding and acknowledging this debt but inhale no way of checking.

 

The pursuers are a well known collections agency in Yorkshire

and looking into their reports on various forums s have a habit of chasing post 6 year debts.

 

Any help or guidance would be appreciated.

 

Thanks

Edited February 12, 2014 by ims21

[fkofilee]

Enlighten us who it's with

[sillychild]

Its Lowell's...

 

As I said I have never owed these people money so assuming they have acquired it from somewhere.

[fkofilee]

Surprise... What debt do they *claim* you owe?

[sillychild]

There is no details on it apart from the actual amount that they claim I owe them. No other details just a CCJ letter from the court.

[ims21]

Is it a claim form that you have received or the notice that judgement has been given to them?

[sillychild]

Its a letter with 3 reply methods acknowledgment

or disputing the claim from these guys.

 

The letter has been sent under my old alias which has not existed for nearly 3years now.

 

However I don't know if there have been any previous CCJ to my old alias

and need to check if it might be stature barred

but can't as I do not have any verifying documents

[ims21]

Ok thanks.

 

It is a claim form you have received so I have moved your thread to the Legal forum where the guys will be along to help as soon as they are available.

 

In the meantime can you tell us the issue date on the claim form (top right hand corner).

 

Also can you type up the Particulars of Claim exactly as they appear on the front of the form but minus anything which may identify you.

 

As you mention "pursuers", are you in Scotland by any chance?

[sillychild]

Thanks.. I am living in England not Scotland.

 

Details of the letter

Particulars of claim

The Claimant claim for the sum of XXX being monies due from the defendant

to the claimant under a store/credit act regulated by the consumer credit act 1974

between the defendant and a bank (remember this)

 

Under the account reference xxxxx and assigned to the claimant on 30/06/2013

notice of which has been given to the defendant

(I don't recall receiving mail all has gone back quoting return to sender)

 

the defendant failed to maintain the contractual payment under the terms of the agreement

and a default notice has been served

and not complied with (again not seen any of this as all mail is returned to sender)

 

The claim also includes statutory interest etc

 

The letter issues date was the 7th Feb

that's the just of then letter and

 

I have a few methods of replying to this.

 

To highlight though the claim is under my old name not my new alias

and I'm pretty sure I stopped paying this in 2009ish

[unclebulgaria67]

Roughly when did you take out this account ?

 

Roughly when did you stop paying ?

 

Are you bothered about any CCJ ?

 

Do you want to start paying this debt if it correctly due for enforcement and is not statute barred ?

 

How many other debts are in the pipeline of being chased ? Do you know the approximate value of your overall debts ?

[BRIGADIER2JCS]

How much are Lowell Claiming?

Do you remember a store or credit card if so who was the issuer?

[sillychild]

Roughly when did you take out this account ? The account was taken out in 2006/7

 

Roughly when did you stop paying ? Stopped paying in 2008/2009 stopped paying

 

Are you bothered about any CCJ ? CCJ is not affecting my new alias as I changed this on 2011 and already have the ability to take our credit I know because I use a CC for work

 

Do you want to start paying this debt if it correctly due for enforcement and is not statute barredicon ? Not if I don't have to as its not directly affecting me I completely forgot about it tbh

 

How many other debts are in the pipeline of being chased ? Do you know the approximate value of your overall debts ? I think there might be 2 more that I know of over 10k

 

Lowell are claiming £2000 the original debt was with Lloyd's

[unclebulgaria67]

If the court claim form is not in your new name,

I am not sure how you would defend it.

 

I suppose just because you changed your name by deedpol

does not mean that they could not enforce the debt against you.

 

You are still responsible for the debts and they will enforce them.

 

When you change your name by deedpol,

there will be some records of this, which will be picked up by creditors.

 

When you apply for any form of credit there are questions about whether

you have been known by other names and also for your address history.

 

 

If you gave false information on any new credit application,

this could be considered fraud.

 

I think you are digging a big hole for yourself by messing around changing your name

and will need to obtain proper legal advice.

 

If you have debts that are still enforceable of over £10k,

I think you need to consider applying for some form of debt relief.

[BRIGADIER2JCS]

Quite simply changing ones name by deed poll cannot be used to avoid obligations accrued by the original persona, to do this maybe an offence.

 

 

The way to respond is "New Name Also Known As"

 

 

The name change is no defence.

 

 

You are playing with fire!!

[sillychild]

Ok so acknowledged I have been a bit silly here my next steps

 

Who can I contact for some legal advice on how to put all this to bed?

 

I am guessing there is no way of checking that this debt is not Statue Barred

as I have no way of accessing my credit report for the old alias?

 

Is there any way I can contact the creditor for this particular debt and settling out of court?

 

Any help would be much appreciated

 

granted I have been a total numpty in my younger years which is coming back to haunt me

[BRIGADIER2JCS]

Citizens Advice may b able to help.

You may have to write to the data controllers of 2 of the main CRAs explaining the deed poll and providing evidence of it to get a " statutory" credit report, the fee is £2.00.

[AndyOrch]

You can defend it using your previous name.. your previous name is still legally valid and is still connected to your name by deed poll.You can search your Credit Reference files under either name as they should be linked.

 

Regards

 

Andy

[dx100uk]

theres no harm in you sending lowells a CCA request

 

and a CpR 31:14.

 

you know the original creditor

so you can also SAR them

giving details of your old address and name at the time you took it out

 

you will NEED to include a copy of your deedpoll cert

and a copy of a current util bill

pref CTAX, where you are named to ID your self.

 

dx