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Lowells issued Claim Form before 30 days was up

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  • Lowells issued Claim Form before 30 days was up

    I've been issued a Claim Form from the County Court Business Centre from Lowell Portfolio I Ltd. Last month, they sent me the CCA and statements and gave me 30 days to respond. Before this 30 days was up, they issued the Claim Form.

    My teenage daughter was hospitalised after trying to take her own life two weeks ago, so there's nothing much they can do to make things worse. She's ok, that's all that matters.

    I understand if I file an acknowledgement of service, I have 33 days to respond online from the Issue Date 21 May 2018, I make that until 4pm on 23 June.

    I presuming that while a judge wouldn't be impressed with a Claim Form being issued within a grace period that Lowell had given in writing, but I'm also assuming that it's not grounds to defend the claim.

    I'm not sure whether to ring up Lowell's tomorrow - they've backed the wrong horse here, as although they are claiming £12,000, I owe about £80000 in total, and I work part-time, single parent, and al so a part-time student until 2023. I receive Housing and Council Tax benefit. I haven't paid anything towards the debt for about 4 years, but haven't run up any more either.

    From their particulars, I can file a CPR request for Assignment and possibly a Default Notice ('the service was terminated'). After that I intend to defend the case and, if I lose, file for bankruptcy 30 days later. This isn't too much of an issue, I don't have any assets, or savings, rent my home etc - but I'd be grateful for any advice on the limited grounds for a defence. It's about 4 years old, not statute barred.

    How many months is it likely to take to get to a Court hearing? I think the best I can probably do is delay the inevitable.

    Particulars of Claim
    1) The Defendant entered into an agreement for a Halifax (Credit Card) account under reference [x] ('the Agreement')
    2) The Defendant failed to maintain the required payments and the service was terminated.
    3) The Agreement was later assigned to the Claimant on [x] by Bank of Scotland PLC and notice given to the Defendant.
    4) Despite repeated requests for payment, the sum of [x] remains due and outstanding.
    And the Claimant claims
    a) The said sum
    b) Costs

  • #2
    Diana M

    Comment

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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.




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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.
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