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Court claim - Advice needed

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  • Court claim - Advice needed

    Hi all, I have a court claim come through, for something not on my credit file. It's very old and is due to a divorce, I thought it was paid, and understand they have bought the debt.
    Its Lowell who are seeking proceedings, the amount is higher than what they originally said, plus court costs.

    I can pay an amount, but the form doesn't have details, just an address.

    How do I respond to the courts, to ask them to give me more time to pay, so I can pay when I am paid.

    It says not to send to the court but sort payment with lowell, if I understand it right, but that I have 14 days to respond to the court, which I find confusing.


    I would just like to offer an amount and get it resolved, but I don't trust the company, they seem to have found my address, the details written on the form are not entirely correct as it was before 2012 that last payment seems to have been made and they have stated 2014.
    There isn't a number to call them on the form, do I just do this in writing, I can't email as that's not given either.

    If someone could please advise, that would be fantastic. Thank you
    Tags: None

  • #2
    Also how have they got my mobile number, that I find shocking

    Comment


    • #3
      So make sure of the date of last payment as the debt may very well be statute barred, in England 6 years, Scotland 5 years. It's not unknown for sprious payments to appear on the account so that it is not statute barred

      Acknowledge the claim using the details and password on the form but nothing in the defence. If done just after 5 days from date of issue (but before 14!) it gives you 33 days from the date of issue to get your defence to the court

      Letter to solicitor asking for copies of everything they intend to use in court in order to narrow the issues between you as expected by the courts. You expect this by return an in any case by 7 days. In particular you require full details of the payment allegedly made in 2014, payment method, payers full bank details etc, as the debt is statute barred.

      Others will help but a CCA request may be applicable

      Comment


      • #4
        How do I acknowledge, is that online ?

        Comment


        • #5
          Read the form!!

          Comment


          • #6
            Originally posted by Shakemedown View Post
            How do I acknowledge, is that online ?
            Hi Shakemedown, you can log on to MCOL Money Claims Online. There you use the password which is on the claim form - usually half way down the page to the right and the password. Once you are in, there is a prompt for 'Acknowledge the Claim'. - Have you managed to acknowledge?

            Comment


            • #7
              Hi. I have tried but it doesn't seem to let me log in. Will try again tomorrow. Date on letter is the 3rd. Issue date is 5 days after that it says, then I have 14 days to acknowledge. So have time I think. If I understand it right.

              Comment


              • #8
                Do I need to them send the forms to their solicitor to prove details ? Which forms do I send ?

                Comment


                • #9
                  I really can not sign in using the password on the letter. Just does not work

                  Comment


                  • #10
                    Ok managed to get in finally. Do I click dispute the claim. Or ask for more time ? I can't see an option that just says acknowledge

                    Comment


                    • #11
                      Hi all. What forms shall I send to them to prove the debth. Any help will be much appreciated

                      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.




                      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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