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Hi I have just received a county court letter which was issued on the 19/10/2017 I only revived it this morning firstly does that mean i only now have 8 days to respond to it? And secondly the claimant is Lowell it's for a credit card that I had in 2014 of which I did default on this the amount which the claim to the court is for £1610.83 including court fees and legal cost.As I have said I only got this letter this morning yet the last few days I been contacted via my mobile from Lowell bailiff? Does this mean there enforcement people are after me to come around to get payment
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Re: County court letter
Hello,
What does the letter from the Court say, is it a claim form or something else? Lowell or anyone acting on their behalf should not be contacting you in relation to bailiffs if proceedings have just commenced.
It would be helpful if you are able to upload the letter with your personal info redacted and then we can take a look and give you some options.
A bit of background to the claim wouldn't go amiss either e.g. what did the agreement relate to etc.If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice. -
Re: County court letter
Has it got the reference N1CPC in the bottom left hand cornet and looks like this? , If so it's a claim form from the court. Log on to the web page given using the details given on the form and acknowledge the claim. DO NOT PUT ANYTHING IN THE DEFENCE!
This gives you 33 days from date of issue to submit a defence.Comment
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Re: County court letter
Looks kosher to me.
Btw, your personal details are visible.
It would help if you could show the Particulars of Claim.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 SedgwickComment
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Re: County court letter
unapproved while I redactOriginally posted by charitynjw View Post
xx
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ok ... done xxDebt is like any other trap, easy enough to get into, but hard enough to get out of.
It doesn't matter where your journey begins, so long as you begin it...
recte agens confido
~~~~~
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But please include a link to your thread so I know who you are.
Specialist advice can be sought via our sister site JustBeagleComment
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Re: County court letter
Delete that picture and obscure the password and the account details in the PoC and then repost (preferably the correct way up). Use the password and website name to acknowledge the claim. Do not put anything in the defence. This gives you 33 days from the date of issue, 19th October to create and send a defence to the court.Comment
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Re: County court letter
Ah yes, one of those Australian ones! (Joking!).
Have you acknowledged it?
If not do so asap.
Atm, defend in full.
Do not contest jurisdiction in you live in England/Wales.
Do not enter any dialogue in the 'defence' box.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 SedgwickComment
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Re: County court letter
Ok will do it's has an earnings sheet which if i want to pay monthly and gives me a box to say how much I can pay monthly i really can't afford to much as am self employed and don't always work everyday for this type of amount they want me to pay back what would they expect me to pay a month?Originally posted by ostell View PostComment
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Re: County court letter
You don't need to worry about that atm (unless you are admitting to owing).
To acknowledge/defend in full, just do the 'Acknowledgement of Service' bit.
http://formfinder.hmctsformfinder.ju....uk/n9-eng.pdf
tick 'defend all'
Do not contest jurisdiction.
Complete the rest.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 SedgwickComment
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Re: County court letter
Yes I do owe this money I was very ill for a while and faltered on payment so as to my last question what do you think they would except a month as I need to give them a sum on the expense form they sent meOriginally posted by charitynjw View PostComment
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Re: County court letter
What we normally suggest is that you force disclosure of documents first, to see if they are compliant.
If they are you have lost nothing, as you can then negotiate payment.
If they are not compliant.....your choice.
Fight it, or negotiate from a much stronger position.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 SedgwickComment
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Re: County court letter
So you saying I should fill in the I defend myself as this letter is a letter to go to court as won't it mean I defend myself in courtOriginally posted by charitynjw View PostComment
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Re: County court letter
Hi X-men
I wouldn't worry to much about you thinking you owe the money
Providing you follow the procedure, it is up to the claimant to prove you are liable. There are regulations (law) in place to ensure that they have to do so. It does not make you a bad person for expecting them to prove their case
As already advised
Acknowledge the claim online using the password etc provided on the claim form
Send a CCA request to Lowell CCA Request Letter
You will need to include a cheque or postal order for £1 - I always reference the number of the cheque or postal order within my letter and keep copies. Send it by royal mail signed for and again keep copies of your receipt and proof of delivery
Then send a CPR 31.14 to the solicitors ( is it Lowell solicitors) asking for documents in the particulars of claim
Once you have acknowledged the claim you do have 33 days from the date on the form to enter your defence
There will be plenty of opportunities to make settlement offers if that is what you want to do
If it helps , I have a claim running against me for a debt , maybe some of it i owe, maybe not but I most certainly do not owe everything they are claiming , It is up to the claimant to prove I owe it to THEMComment
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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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