Claim form at my address for ex partner

[ABBS 1995]

Hi folks i have been recieving various letters from a DCA and their in house solicitor for about 18 months for a debt belonging to my ex partner and today a claim form from northampton. I have just ignored all their letters.

 

We shared a house together for many years but split up about 7 or 8 years ago and i moved out and into a new address. We split on good terms not hating each other but i have not seen him for a couple of years and he certainly has never lived at my new address, not been on electoral register, applied for any credit at my address or anything like that so i dont understand why they are chasing him at my address.

 

What should i do ??? I dont know how to contact my ex any more (i think he has moved from the house we shared) although we are not together any more i dont like the idea of a DCA getting a CCJ against him without his knowledge and not being able to defend himself.

 

Should i contact court/DCA/Solicitor ??? Are they obliged to stop the claim with the information i give them which shows he has no idea whats going on. Thanks.

Edited April 3, 2014 by Andyorch
Paragraphs added

[AndyOrch]

Hi ABBS and welcome to CAG

 

If it is impossible to contact him....I would return the claim pack to Northampton and state that he has never resided at your address nor ever been on electoral register for your address.Also that you are unaware of his whereabouts.

 

Regards

 

Andy

[ABBS 1995]

Thanks for that andy. So should i ring the DCA as well ??? The reason i ask is because a friend of mine tried to avoid a CCJ once by returning a claim pack to northampton unopened not known at this address. Northampton just ignored this and the next thing they knew 3 weeks later judgement in default arrived. As i said earlier i would not want my ex getting a CCJ by default nor do i really want all this at my new address. Surely if i contact DCA they are then under an obligation to withdraw the claim until they track my ex to his current address ???

[AndyOrch]

You could ring the solicitor named on the claim and explain....its whether they believe you.You could also ask how they have got your address.?

Bear in mind that Northampton will get 1000s of returned claims in that manner and so would ignore...better to include a covering letter explaining the situation.

 

Also the CCJ is against the person not the address so if you fail to halt it Im sure your ex will soon discover and deal with it by set a siding the judgment as service was incorrect.

[ABBS 1995]

Update time. I rang the court as suggested explained the situation and was advised to return the claim pack with a covering letter which i did. I went into as much detail as possible in the covering letter so the situation was clear to whoever read it. I also rang the solicitors and put them in the picture, they were fairly abrupt as you might expect. I asked why they were corresponding with my ex partner at my address and they replied that this was his last known address. This is a complete load of rubbish he has never lived at my address. They did not really say what action they would take from there, and that was that. Over the following few days i made attempts through other people to get in touch with my ex which i did, it turns out he is still living in the house we shared together, this has been his address for the last 25 years so why they are chasing him at my address fails me. I informed my ex what was going on and it turns out the last letter he had at his address about this was july 2012, obviously by this time i had returned the claim pack so my ex sent a CCA request which has been recieved and signed for he has not contacted the court or the solicitor just a CCA to the DCA which now owns the debt. Today i have recieved another letter for the ex at my address from the solicitor saying judgement has been obtained blah blah blah. I have contacted my ex he has recieved nothing regarding the judgement or the CCA request from anyone, not even the court. Any advice on what to do ??? More so for my ex partner than myself to be honest now. Any help would be greatly appreciated. Thanks

[2ltr16valve]

I would suggest your ex partner collects the letter and goes to the court to file for a set aside. Would be helpful if you have him a witness statement to say you had contacted the solicitors informing them he has never lived at your address

 

It seems to me the solicitors has taken advantage and applied for a default judgement after speaking to you as they then knew was easy pickings !

 

Is the solicitors Bryan carter by any chance ?

[ABBS 1995]

Its WRIGHT HASSEL (well named) on behalf of AKTIV KAPITAL. So he should attempt a set aside based on bad or incorrect service as andyorch suggested in post 4 yes ??? Also what about the CCA ??? The 12+2 days is up in 3 days time and if he recieves nothing i presume they are in breach ??? However does the CCA request have any validty when technically they had already started legal proccedings when he sent in the CCA request ??? Thanks.

[2ltr16valve]

Its WRIGHT HASSEL (well named) on behalf of AKTIV KAPITAL. So he should attempt a set aside based on bad or incorrect service as andyorch suggested in post 4 yes ??? Also what about the CCA ??? The 12+2 days is up in 3 days time and if he recieves nothing i presume they are in breach ??? However does the CCA request have any validty when technically they had already started legal proccedings when he sent in the CCA request ??? Thanks.

 

Setting aside will cancel the judgement if allowed.

The reason for set aside would be that no information was received at his address which is known and had remained the same for X amount of years.

That should then set the clock back to them re issuing the summons or court information pack. This should contain the cca etc and relevant details to support the debt.

He can then use the relevant CPR sections to request further proof etc.

[ABBS 1995]

Thanks for the help, i believe it costs £80 for a set aside application am i correct or has it gone up with all the recent county court fee increases ??? Also if your set aside is granted do you get your money back ??? Thanks

[2ltr16valve]

Thanks for the help, i believe it costs £80 for a set aside application am i correct or has it gone up with all the recent county court fee increases ??? Also if your set aside is granted do you get your money back ??? Thanks

 

Sorry I'm unsure on the costs now. He could ask for your costs if he can show they had no reason to issue at the address they have but if they are awarded or not is entirely a different matter.

[Ganymede]

Thanks for the help, i believe it costs £80 for a set aside application am i correct or has it gone up with all the recent county court fee increases ??? Also if your set aside is granted do you get your money back ??? Thanks

 

 

 

 

It's gone up. The fee for an application is now either £50.00 for without a hearing or £155.00 to have a hearing.

[unclebulgaria67]

The reason the claim form was sent to your address could be that you are linked to your ex on his credit record. If they were not getting any response writing to the address where he lives, they have obviously decided to write to your address which is linked to him.

 

I am not sure he would get a set aside purely based on the court claim going to the wrong address. He would need to find out about this debt and apply for the set aside based on other grounds.