In a pickle with Lowell

by tiffy Fri Dec 04, 2020 6:08 pm

Hi there. so i think i'm stuck. I've had the usual debt letters from these lot for a few years and i have always chucked them straight in the bin usually without even looking at them. This morning i have had one that says County Court Business Centre Claim form. Its for an old catalogue debt from 2013 and not sure what to do, do i fill out the form and offer them £1 pw? will they send the bailiffs round? i have 14 days to reply. I never thought they would go this far.

Thanks in advance.

by waylander62 Fri Dec 04, 2020 6:53 pm

you have to act very quickly now, with no messing.

NEVER bin these letters, you need to answer questions and promptly too to ascertain what might be the way forward

i) approximately how much is the debt
ii) when did you stop paying
iii) have Lowell provided any documentation to you to prove their claim

would you be happy for me to see your paperwork ?

please answer asap for the best possible help

by tiffy Fri Dec 04, 2020 7:31 pm

hi
1)the debt is in total £1025.65
2)i have never have paid Lowell but i had stopped paying the catalogue in 2013 when i had used the catalogue
3) no proof that i know of (what would be considered as proof?) but they were just sending the usual threat letters.

yes, i am happy for you to see paperwork
Thanks

by waylander62 Fri Dec 04, 2020 7:48 pm

ok i think there may be a way out for you

do you have any of your own paperwork at all for this debt ? i hope you do ?

if your last payment was 2013 then this may be statute barred, we need to be certain though

i think it is imperative that you send a SAR to the original creditor, the catalogue company.

we must also make sure we acknowledge service of the court claim in time.

dont worry about proof as such just have lowell sent you anything at all in respect of this debt ? and i dont mean letters asking you to pay, i mean actual documents such as statements, agreement, terms and conditions a default notice ?

also i would really like to see the claim form if at all possible ? you can send it to me in a private message if you could.

by tiffy Fri Dec 04, 2020 7:58 pm

i have no paperwork whatsoever, absolutely none, i'm sorry and i honestly can't remember anything else, i have never replied to them (lowell) everything just went in the bin.

I'm not much help
i will have a go at uploading the paperwork on the copier. do you need to see every page?

by tiffy Fri Dec 04, 2020 8:38 pm

i did send you a pm but its not showing up as anything being sent from my end.

by waylander62 Sat Dec 05, 2020 12:04 am

no just the front page will suffice.

received the PM all good and have replied.

ok , so here is what i would recommend:

No.1 send an official CCA request to lowell solicitors immediately including a £1 postal order for the statutory fee required. ( take a photo or copy of the postal order ) send first class post and get a receipt which is very important.

No.2 send an official SAR to the original creditor again immediately, first class post and get a receipt.

No. 3 acknowledge service of the claim it is good to do it online as you will get a notification from the 'court' that you have acknowledged.

No. 4 submit a detailed part 18 request to Lowell solicitors asking for proof of what they are claiming along with all documentary evidence.

No. 5 start preparing your defence.

also i need to clarify: i asked when you last made a payment and you said 2013 ? was the account also opened in 2013 ?
meaning you only made a few payments before defaulting ?

would like to know this if possible please.

by tiffy Sat Dec 05, 2020 9:00 am

hi, i sent a pm.
are there letters i can download and print off for the CCA request and SAR? i can get those two done today.
the catalogue was opened before 2013 so probably opened it 2012? and i'm sure i defaulted payments in late 2013 or early 2014 as i remember the last thing i purchased was in 2013.

i will have to get back to you about No 4 & 5 as i have no idea how to do those.

by waylander62 Sat Dec 05, 2020 9:42 am

4 and 5 are not urgent at the moment but 1, 2 and 3 are need doing asap,

are you sure you dont have any paperwork for this ? i dont mean from lowell i mean from the catalogue company , old statements or letters at all

by tiffy Sat Dec 05, 2020 9:54 am

absolutely no paperwork from the catalogue.

by waylander62 Sat Dec 05, 2020 10:07 am

SAR is of the utmost importance then, it will take at least a month so will have to do a bit of guessing in the defence

by waylander62 Sun Dec 06, 2020 9:29 pm

ok send off the

CCA request and the SAR, proof of posting and obtain a receipt from any post office.

by tiffy Mon Dec 07, 2020 11:00 am

hi sent you an email

by tiffy Mon Dec 07, 2020 11:53 am

sorry about the confusion with the email, i know wich one goes where. just need to know about the catalogue account number, do i leave it blank?

by tiffy Mon Dec 07, 2020 2:42 pm

sent letters off.
do i do this now?
No. 3 acknowledge service of the claim it is good to do it online as you will get a notification from the 'court' that you have acknowledged.

by waylander62 Mon Dec 07, 2020 4:10 pm

no, include the catalogue account number on both

yes acknowledge service ticking the box you wish to defend all of the claim.

by tiffy Mon Dec 07, 2020 5:55 pm

oh. i left it blank, i didn't know what to do. i had to do it early as never got much sleep and just wanted it out the way so i could have a rest.

by waylander62 Mon Dec 07, 2020 6:19 pm

i think the CCA request had the a/c number on it ? yes it appears that way.

the problem may be that they will come back to you after a month and say oh sorry we cant do anything without an account number, losing a very crucial month.

Because you have absolutely NO paperwork whatsoever it will be difficult so the SAR is really more important to you than usual, send another copy with the account number on it

by tiffy Mon Dec 07, 2020 6:47 pm

will do it in morning

by waylander62 Mon Dec 07, 2020 9:39 pm

ok that will be fine

this is an unusual one, for me anyway, because you have absolutely NO paperwork whatsoever for this alleged account and debt, therefore we cannot be sure of anything when the account was opened, whether it defaulted and a default notice was served, whether it was lawfully assigned, whether the alleged balance is correct what the date of the last payment may have been nothing! so the SAR is very important to find out the facts.

a defence needs to be submitted with no idea of any facts so it needs a lot of careful thought.

a part 18 request needs to be sent also which will hopefully also give us some answers.

get the SAR sent off and certainly acknowledge service and we will go from there.

by tiffy Wed Dec 09, 2020 9:05 am

HI
i just done the acknowledgement but it comes up with this and don't know what to do:

At this time you are able to respond to the claim by filing an Acknowledgment of Service, Defence or Part Admission.

Acknowledgment of Service
Start AOS
If you need 28 days (rather than 14) from the date of service to prepare your defence, or wish to contest the court's jurisdiction, complete the Acknowledgment of Service (AOS).
Response Forms
Start Defence
If you dispute the whole claim or wish to make a claim (a counterclaim) against the claimant, complete the defence form.
Start Part Admission
If you admit part of the amount claimed, complete the Admission and the Defence form.
View Instructions
If you admit all of the amount claimed, complete the Admission form.
Applications
Set Aside Applications entered electronically (most recent at the top)
None
Back

by waylander62 Wed Dec 09, 2020 9:23 am

tiffy wrote:HI
i just done the acknowledgement but it comes up with this and don't know what to do:

At this time you are able to respond to the claim by filing an Acknowledgment of Service, Defence or Part Admission.

Acknowledgment of Service
Start AOS
If you need 28 days (rather than 14) from the date of service to prepare your defence, or wish to contest the court's jurisdiction, complete the Acknowledgment of Service (AOS).
Response Forms

YES you need 28 days from the date of service to prepare your defence dont contest jurisdiction,
Start Defence

NO do not start a defence leave it blank

If you dispute the whole claim or wish to make a claim (a counterclaim) against the claimant, complete the defence form.

Yes dispute the whole claim
Start Part Admission

NO leave it blank

If you admit part of the amount claimed, complete the Admission and the Defence form.

NO leave alone again

View Instructions

If you admit all of the amount claimed, complete the Admission form.
Applications
Set Aside Applications entered electronically (most recent at the top)
None
Back

It is easy to fall into a trap and tick the wrong things, all you need to do is tick you need 28 days for a defence, tick you are disputing the whole claim, DO NOT type anything in the defence box or tick anything else, that is pretty much it really.

by **Mrblue2015** Wed Dec 09, 2020 2:00 pm

Thanks you SO MUCH for helping Tiffy and everyone else Waylander62. Proving to be a real education for everyone following this post Smile

(Which will in turn allow the likes of me to be able to provide even more support to others in the future, and therefore alleviating some of your time!)

by tiffy Wed Dec 09, 2020 5:49 pm

Defend all of this claim
Defend part of this claim
is it all as don't want to mess it up.

by **daveiron** Wed Dec 09, 2020 7:52 pm

Defend all the claim. (as per waylanders posts above)

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