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Court case received re Credit card

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  • Court case received re Credit card

    I have just received a summoms for 15,000 pounds filed against me by Lowell with regard to an old Halifax credit card debt.
    I have read that a credit card taken out before 2007 is unenforceable. Os that correct ?
    I have sent back a defence stating the debt was in dispute and that Halifax were in breach of the financial regulations by selling it to Lowell I have also stated that the debt was Statute Barred before it was sold. I have asked that Lowell supply all statements,correspondence and a signed contract signed by me when I applied for the credit card.
    I have now received a letter from the court stating that my defence has been served on Lowell and the have 28 days to respond.
    What would be my best option and defence if Lowell wishes to proceed with the case
    Any help would be much appropriated. and many thanks
    Tags: None

  • #2
    Good morning, Welcome to the forum

    A credit card taken out pre2007 isn't unenforceable no, but it may be deemed unenforceable if the terms and agreement aren't compliant with the Consumer Credit Act.

    Halifax are also allowed to sell on a debt to a debt purchaser such as Lowell.

    You consider the debt may be statute barred, so you have made no payments or acknowledgment of the debt for over 6 years. Do you know when the debt defaulted ?

    It might be an idea if you can post up a copy of the defence you have entered and what letters you sent to Lowell following receiot of the claim, just to check everything is on the right track.

    Do you have any dispute over the amount being claimed, other than the non-provision ( to date) of documents ?
    #staysafestayhome

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

    Received a Court Claim? Read >>>>> First Steps

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    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.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    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.
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