Lowell - Do I have to admit claim?

[lightanshade]

Thank you for any advice you can give me.

Lowell has bought up an old debt of mine and because I had recently paid an old owner of the debt I thought I had no choice but to pay Lowell. I fell into arrears with my payment and they threatened court action. To keep them from my door I made two further £5 payments in January and February then my chaotic life meant I missed the March payment and the letter from court arrived on my doormat.

I have zero income and assets but I live with family and I need to keep bailiffs from their door. I have buried my head in the sand quite a bit, but I now think a debt relief order may be a solution. My credit record is bad and I have no immediate prospect of getting a job but I am not sure the best way to proceed. I am not sure I can get a DRO because I have preferred a creditor that I have banked with for a very long time. Also my relative doesn't have a bank account and isn't comfortable with the Internet so they ask me to buy/pay for things online for them, meaning I look as if I have more money than I do. Not massively more, but more than a person with no income obviously.

i don't know whether to admit the claim and offer £5 a month and hopefully buy time to get a DRO or is there any chance of fighting this CCJ? The credit agreement was apparently taken out in March 2006.

Thanks again.

[Diana M]

If you have a reason to file a Defence to this claim then you may be able to negotiate a settlement with Lowell using the court's free telephone Mediation service which is legally binding but not a CCJ.

Post up some more detail about the claim removing anything which could identify you.

Who was the original creditor and what was the original account such as credit card, loan, catalogue, mobile or utility bill etc?

Then also post up some information about any other debts you have so that the issue of a DRO as an alternative can be discussed.

Di

[lightanshade]

Thank you for replying Di.

I'm just thinking about whether it is a good idea to post further details. I don't know whether DCAs scan these boards and whatever I decide to do, I would rather not give them advance warning or further information. However, thank you for your help.

[Diana M]

Thank you for replying Di.

I'm just thinking about whether it is a good idea to post further details. I don't know whether DCAs scan these boards and whatever I decide to do, I would rather not give them advance warning or further information.

It's difficult to make suggestions without knowing anything about the claim. No need to post exact details - just enough information for you to be guided how to send any appropriate formal requests/letters etc.

How much is the claim in round figures would be a good starting point?

You say the original creditor accepted payments of £5 per month but without knowing the amount claimed it's hard to predict whether the Claimant/Lowells might accept that.

You need to go online (MCOL) and tick the box which says you intend to defend all of the claim which will allow you more time to deal with this.

Di

[lightanshade]

Thank you for replying Di.

I don't know that I have a defence. I'm just trying to protect my family as I know that bailiffs will seize their stuff to try to force me to pay what I don't have. They don't have much but obviously they would like to hang on to it.

The claim is for £2800. The original creditor was Debenhams (credit card) then the debt was sold to GE then Newday then Lowell in 2015. I paid £5/month to Lowell for about 18 months from 2015 to 2016. I missed some months but made up payments till late 2016. Then I made no further payments till this year.

I also owe Virgin Money £2000 and Lloyds £1200. I am making minimum payments to Lloyds and I haven't paid Virgin Money anything in the last year. Thank you.

[lightanshade]

Deleted as a duplicate post.

[Diana M]

The claim is for £2800. The original creditor was Debenhams (credit card) then the debt was sold to GE then Newday then Lowell in 2015.

Was this Debenhams credit card originally a Debenhams store card?

There also seems to be a long assignment chain from Debenhams to GE Money to Lowells etc.

Di

[lightanshade]

The card was always a credit card as far as I remember. What is the significance of the long assignment chain? Thanks

[warwick65]

Hi
My understanding is that the long assignment chain has several benefits for you

1) Each and every assignment needs to be valid, if just one is not then the claim should fail - how can company B sell a debt to company C when the sale agreement between company A and B means that company B never owned the debt?

2) if you request proof of original documents such as the CCA and default notice it has to go back down the chain and then back up it again. Maybe company A no longer have the documents or maybe they just don't want to waste time and energy ( and hence money) searching for them.

I am not sure but it is likely the Debenhams card was actually a card from another company , maybe GE and just branded Debenhams, fir example Aqua now run branded credit cards

[Diana M]

Thank you for replying Di.

I don't know that I have a defence. I'm just trying to protect my family as I know that bailiffs will seize their stuff to try to force me to pay what I don't have. They don't have much but obviously they would like to hang on to it.

The claim is for £2800. The original creditor was Debenhams (credit card) then the debt was sold to GE then Newday then Lowell in 2015.

Bailiffs can't go to your family home without the Claimant first getting a CCJ and then a Warrant! You're a long way off that stage.

This forum offers guidance on how to manage a court claim which can be found here > https://legalbeagles.info/library/gu...y-court-claim/

Ask as many questions as you like on your thread if you get stuck

Di