Tweet
Hi,
i am hoping someone can help? I may have already mucked things up!
Brief outline
County Court business centre claim form issued on 02 July received, claimant Lowell portfolio for capital one credit card. Acknowledgment of service filled online Defence also filled at this time on line. My defence was I do not admit liability as I have not acknowledged the debt in writing or paid any part in the last 6 years therefore the debt has now become statute barred. Also stated in defence that I have requested copies and evidence to show otherwise if claimant can provide evidence to show that this debt is not statute barred. Therefore defendant seeks the claim to be dismissed by the court under the limitations act 1980, section 5. (This is all a shortened defence that was submitted). I sent a recorded letter (11/07/18) to Lowell solicitors, which is a basic Statute Barred letter stating that I do not admit liability and I will defend on this basis, also for them to send within 21 days any evidence that this debt is not statute barred.
11/07/18 - I receive a letter from court acknowledging receipt of my defence and a copy is served to claimant.
21/07/18 - I receive a letter from Lowell Solicitors enclosed is a directions questionnaire which they have agreed to mediation.
27/07/18 - I make a call to the courts as I still do not have a directions questionnaire so unsure on what to do, they advised that Lowell had gone about this incorrectly and should have waited until the court had received their questionnaire before Lowell sending me a copy of theirs. So advised that I wait until I hear from the court.
02/08/18 - I have now received a notice of proposed allocation to small claims and a directions questionnaire to be filled with the court by 20/08/18.
So that’s it from start to finish, I am sure that (now I have read further information and found this great site) I have gone about this in the wrong way, so do I accept mediation and just (hopefully) Arrange a payment plan with Lowell? Although as I only have my income currently, this will be hard to find the money! I also do not want it to go to court and have a ccj entered against me! OR do I quickly send in CCA and or CPR requests? Please help? Thanks
i am hoping someone can help? I may have already mucked things up!
Brief outline
County Court business centre claim form issued on 02 July received, claimant Lowell portfolio for capital one credit card. Acknowledgment of service filled online Defence also filled at this time on line. My defence was I do not admit liability as I have not acknowledged the debt in writing or paid any part in the last 6 years therefore the debt has now become statute barred. Also stated in defence that I have requested copies and evidence to show otherwise if claimant can provide evidence to show that this debt is not statute barred. Therefore defendant seeks the claim to be dismissed by the court under the limitations act 1980, section 5. (This is all a shortened defence that was submitted). I sent a recorded letter (11/07/18) to Lowell solicitors, which is a basic Statute Barred letter stating that I do not admit liability and I will defend on this basis, also for them to send within 21 days any evidence that this debt is not statute barred.
11/07/18 - I receive a letter from court acknowledging receipt of my defence and a copy is served to claimant.
21/07/18 - I receive a letter from Lowell Solicitors enclosed is a directions questionnaire which they have agreed to mediation.
27/07/18 - I make a call to the courts as I still do not have a directions questionnaire so unsure on what to do, they advised that Lowell had gone about this incorrectly and should have waited until the court had received their questionnaire before Lowell sending me a copy of theirs. So advised that I wait until I hear from the court.
02/08/18 - I have now received a notice of proposed allocation to small claims and a directions questionnaire to be filled with the court by 20/08/18.
So that’s it from start to finish, I am sure that (now I have read further information and found this great site) I have gone about this in the wrong way, so do I accept mediation and just (hopefully) Arrange a payment plan with Lowell? Although as I only have my income currently, this will be hard to find the money! I also do not want it to go to court and have a ccj entered against me! OR do I quickly send in CCA and or CPR requests? Please help? Thanks
Comment