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Court Claim Help


If you received a court claim and want to start a new thread in this forum please read THIS POST about your first steps and make a new thread in the forum.



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If your case is over 10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.



NOTE: If you receive a court claim note these dates in your calendar ...

Acknowledge Claim - within 14 days from Service


Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
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Lowell Solicitors LTD vs needsupportl

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  • Lowell Solicitors LTD vs needsupportl

    Received a claim? - Yes
    Issue Date: 21st March 2017
    Amount approx: 272.88
    Claimant: Lowell Portfolio I Ltd
    Solicitor: Lowell Solicitors Ltd
    Original Creditor: JD Williams
    Particulars of Claim:
    1) The defendant entered in to a Consumer Credit Act 1974 regulated agreement with JD Williams under account reference ***** ('the Agreement')
    2) The Defendant failed to maintain the required payments and a default notice was served and not compiled with.
    3) The agreement was later assigned to the claimant on 06/03/2015 and notice given to the defendant.
    4) Despite repeated requests for payment, the sum of 183.22 remains due and outstanding.
    And the claimant claims:
    a) the said sum of 183.22
    b) interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of 0.040, but limited to one year, being 14.66
    c) costs


    Is the debt Statute Barred? - No idea....
    List any letters you have sent: CCA and CPR 31.14

    Any Other Info:

    So this is the first time this has ever happened to me and I am
    absolutely petrified.
    1) the claim is actually in my nickname, not in my full legal name. I never EVER sign up for anything using my nickname, so I have no idea where this has come from.
    2) I already have my own JD Williams account in my full name that is fully paid and up to date, that I use every month and pay back every month. It has never been in default and has always been paid.
    3) I have no idea where this debt has come from, how it was accrued or why I have now received this out of the blue. I also have no idea where they got my nickname from.

    Help! What do I do? I'm panicking so much, I've never been in trouble with money before so this is just freaking me out.

    I've put in my intent to defend on MCOL and I have sent out the two letters today.

    I would be SO GRATEFUL for any help on this, I am a complete novice at this and I have little to no understanding. The forum has been a great help in getting me this far, so I hope someone in LB land can help me! x
    Tags: None

  • #2
    Re: Lowell Solicitors LTD vs needsupportl

    Morning

    Don't Panic - it might be worth giving JD williams a call and asking them about this account reference and see what they can tell you. The only reason I can think of for your nickname is sometimes these companies ask what you'd like to be called ? I don't know if JD Williams ever do that, but could be one way of explaining it, otherwise it could be a case of ID fraud, either way you need to investigate - I think asking JD williams would be the obvious first stop. give them a call and see what you can find out and let us know.

    Also, have a check on your credit file - a service like Noddle is instant - see if this shows up on there at all.

    With the court claim you've done right by acknowledging with intent to defend and sending the CPR and CCA letters out You will have 28 days from receipt of the claim to figure out whats gone on and get a defence sorted

    Sharon
    xx
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

    Comment


    • #3
      Re: Lowell Solicitors LTD vs needsupportl

      Morning [MENTION=6]Amethyst[/MENTION]!

      Thank you for responding - I think contacting JD Williams is a great idea. I wasn't sure if I could because it's reached this stage, but it's worth a shot.

      Just checked my credit report (forgot I had both Noddle and Clearscore - tut) and I can see one thing for Lowell that was apparently opened 6th April 2013 (it appears under "Closed" on my Clearscore, but open on my Noddle?). My current JD Williams account was opened on 30th September 2015 and has a different account number and is showing quite rightly as up to date.

      Side note - this forum has really helped me feel more prepared, even if this is only my first interaction. Thank heavens for this!

      x

      Comment


      • #4
        Re: Lowell Solicitors LTD vs needsupportl

        Just remember that it is likely Lowell Solicitors will respond saying they have requested the documents and until they are supplied the account is on hold, do not believe them and make sure your your defence is put in on time.

        If JDW can't shed any ;ight it might be worth sending a SAR to them to get everything they hold on you
        Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
        I have no formal legal training
        Any advice is offered without liability
        If in doubt take professional legal advice or contact the CAB

        Comment


        • #5
          Re: Lowell Solicitors LTD vs needsupportl

          Hello [MENTION=98117]warwick65[/MENTION],

          Thank you for your reply!

          Yes, I've read a lot about Lowell saying things are "on hold" when they really are not - don't worry, I will make sure everything is in defense wise on the right date. See, already learning things!

          Is a SAR a request I have to pay for? I'll go and have a read on the forum about it now.

          x

          Comment


          • #6
            Re: Lowell Solicitors LTD vs needsupportl

            http://www.legalbeagles.info/forums/...quest-template
            CAVEAT LECTOR

            This is only my opinion - "
            Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb

            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.

            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: Lowell Solicitors LTD vs needsupportl

              Yes unfortunately a SAR (Subject Access Request) does cost 10 but it might be 10 well spent if it sorts this out
              Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
              I have no formal legal training
              Any advice is offered without liability
              If in doubt take professional legal advice or contact the CAB

              Comment


              • #8
                Re: Lowell Solicitors LTD vs needsupportl

                [MENTION=5553]charitynjw[/MENTION] [MENTION=98117]warwick65[/MENTION] - thank you, I thought it was! Okay, I'll try calling JD Williams and ask the question but in the meantime, I'll get that letter drafted up and sent out too.

                x

                Comment


                • #9
                  Re: Lowell Solicitors LTD vs needsupportl

                  Hello all, long time no chat! A quick catch up - I sent off the normal letters and received only one letter back from Lowell Solicitors telling me things were on "hold". I've not received anything else so far, so I've put my defence together ready to pop on MCOL. I'm not due to put it in until 23rd April, but can I put it in sooner? Also, is anyone able to have a read through of what I've put together so I don't sound like an idiot? Thank you!

                  Comment


                  • #10
                    Re: Lowell Solicitors LTD vs needsupportl

                    put it in the day before due that way lowells have no time to dis credit it with their defence


                    Lowells and the like say on hold = they have no say in the matter only the court, they hope to dupe people into think on hold - then get a default judgment as court procedures have been ignored by peeps must happen a lot, and the so called law society/regulators do nothing,

                    Comment


                    • #11
                      Re: Lowell Solicitors LTD vs needsupportl

                      Hello all,

                      Even longer time no speak!

                      So I finally received the documentation from Lowells which I received today - well after the date of my defence statement and WELL after the dates given to them on the letters I sent out. The agreements are unsigned, they say on the cover letter they sent a default letter to my parents address (never received there) yet the copy of the default notice they sent was addressed to a very old address of mine from years ago which was apparently dated April 2015. I had left this address way before this date! They also sent a statement of account for clothes (side note: that aren't in my clothing size!) that were apparently sent in 2013, but the address to which they were sent is nowhere to be found.

                      Also it appears this account is on my credit record, after being attached to my parents address by Lowells in 2015.

                      I also received a copy of the documents from Lowells that they sent to the court asking for mediation. I'm happy to go to mediation because I can prove that I have a different account, under my full name, that I pay regularly and is in good standing. I haven't had any documents from the court yet, though.

                      What should my next steps be?

                      Thank you so much for your help so far! x

                      Comment


                      • #12
                        Re: Lowell Solicitors LTD vs needsupportl

                        Hi

                        Just a thought, the address used for the default notice , did you share it? I am just wondering if you could have been the victim of fraud. Another point, does it say when the account was opened?

                        I know from experience that JDW, when reconstructing an agreement just tend to use the current address they have on file, at least that is what they did with my ex - or more pointedly to me after she died and i asked for proof of debt
                        Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
                        I have no formal legal training
                        Any advice is offered without liability
                        If in doubt take professional legal advice or contact the CAB

                        Comment


                        • #13
                          Re: Lowell Solicitors LTD vs needsupportl

                          Has JDW responded to the SAR?
                          CAVEAT LECTOR

                          This is only my opinion - "
                          Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb

                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.

                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment

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