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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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Hi, I fell behind on a loan payment 15 months ago and the bank

Customer Question

Hi, I fell behind on a loan payment 15 months ago and the bank say I filled in a courts claim form then (I dont remember). I brought the account up to date and continued paying the loan. I fell behind again though but can now pay off my arrears however the bank said that it has now sent the claims form to the court for a ccj. My question is surely they cannot use the forms I completed 15 months ago and I should have been issued new forms at least?
Submitted: 5 years ago.
Category: Law
Expert:  James Mather replied 5 years ago.
How much in arrears are you?
Customer: replied 5 years ago.
I was on a payment plan and fell into 3 months of arrears. As I explained to the bank I can now pay these off and recommence payments. I'm just confused how they can use a claim form for a claim from 15 months ago, I have repaid over 2000 pounds since then.
Expert:  James Mather replied 5 years ago.

Have you made the repayment and is the account up to date?

If you had arrears from 15 months ago,. I am wondering why you would have filled the claim form in.

There seems to be something wrong with the fact is here. Can you please clarify?

Were any legal proceedings issued 15 months ago?

Thank you

Customer: replied 5 years ago.
This is where my memory isn't helping. I filled out an income and expenditure form stating my ability to pay 200 a month. I do not remember filling out a court claim form around that time, however the bank are telling me I did. I had no court requests then, nor rulings judgements or correspondence from the court. My assumption is that whatever proceedings the bank may have begun (if they actually did) they ceased.

Let's say I did complete the claims form then but proceedings were ceased, after 15 months I would assume they need to start a new claim. The outstanding debt has changed, my circumstances have changed.
Expert:  James Mather replied 5 years ago.

Your memory isn't helping and I am afraid that I simply do not have enough facts. You would not fill the claim form out, they would fill the form out and you would only get it when it came from the court.

I am afraid I haven't got a clue what they are saying you filled in and I haven't got a clue what they are going to court for if the account is up to date.

Ask them, in writing for a copy of the form