Lowell vs myself. County court claim- statute Barred.

[alleyblade]

Lowell vs myself. County court claim- statute Barred.

Hi i'm a new member so hope I've done this right.

Hi I would greatly appreciate some help and advice as CAB and the national debtline have been of no help in my case at all and I feel I am just being passed around from place to place.
I have recently received a County court claim form. the claimant being lowell. I wish to defend the case on account that a provident loan was taken out over 13 years ago, Lowell have taken on the debt and all these years later at a new address they have sent me this claim. I should have been issued with a 30 day right to respond claim directly from Lowell but I didn't receive this. I am also quite ill and this isn't helping. Ive asked for a template to help word my defense for statute barred, my only defense is that the debt is over 6 years and having checked my credit clear score I do not have a ccj from them. However the national debt helpline have told me I have to have legal representation, I can't afford this nor do any law firms deal in free advice for statute barred. three days on I am still struggling for help could anyone here please help with a template and would I have to appear in court to defend my case, I am currently too ill and have longterm anxiety health issues that would be a problem. Thanks in advance to anyone that could help me with this.

[jaguarsuk]

Firstly the debt not appearing on your credit file doesn't necessarily mean it's Stat Barred, when was the last payment made to the debt?

You can respond to the claim and not go to court, it's always better to attend court as you can respond to anything that comes up in the hearing, but you can also notify the court later down the line from now that you do not wish to attend and therefore ask them to hear the case of your written submissions alone.

The Example Defence has a portion about being Stat Barred, however it would be wrong of me to advise you to just plead this as one argument only offers one legal position.

In reality I think you need to follow the First Steps , send a CPR 31.14 Request to the solicitors and a CCA Request to Lowell.

Also send a Subject Access Request Letter to Provident.

[Amethyst]

Lowell vs myself. County court claim- statute Barred.

Hi i'm a new member so hope I've done this right.

Hi I would greatly appreciate some help and advice as CAB and the national debtline have been of no help in my case at all and I feel I am just being passed around from place to place.
I have recently received a County court claim form. the claimant being lowell. I wish to defend the case on account that a provident loan was taken out over 13 years ago, Lowell have taken on the debt and all these years later at a new address they have sent me this claim. I should have been issued with a 30 day right to respond claim directly from Lowell but I didn't receive this. I am also quite ill and this isn't helping. Ive asked for a template to help word my defense for statute barred, my only defense is that the debt is over 6 years and having checked my credit clear score I do not have a ccj from them. However the national debt helpline have told me I have to have legal representation, I can't afford this nor do any law firms deal in free advice for statute barred. three days on I am still struggling for help could anyone here please help with a template and would I have to appear in court to defend my case, I am currently too ill and have longterm anxiety health issues that would be a problem. Thanks in advance to anyone that could help me with this.

Have you acknowledged the claim ? This needs to be your first step - just tick that you intend to defend in full - then it extends the time you have to respond to 33 days from the date of issue printed on the claim form xxx

Then as Jaguars says, start sorting out some letters to help with the defence later

[alleyblade]

Firstly the debt not appearing on your credit file doesn't necessarily mean it's Stat Barred, when was the last payment made to the debt?

You can respond to the claim and not go to court, it's always better to attend court as you can respond to anything that comes up in the hearing, but you can also notify the court later down the line from now that you do not wish to attend and therefore ask them to hear the case of your written submissions alone.

The Example Defence has a portion about being Stat Barred, however it would be wrong of me to advise you to just plead this as one argument only offers one legal position.

In reality I think you need to follow the First Steps , send a CPR 31.14 Request to the solicitors and a CCA Request to Lowell.

Also send a Subject Access Request Letter to Provident.

Hi the last payment would have been around twelve years ago.

[jaguarsuk]

Hi the last payment would have been around twelve years ago.

It is still best to protect yourself with as many legal arguments as possible, so after Acknowledging send the letters. When you send the CCA mark he cheque/postal order clearly on the front with "CCA 1974 STATUTORY FEE" and take a pic or copy for your records to make sure they cannot apply it for the debt and claim you made a payment to it.

[alleyblade]

Have you acknowledged the claim ? This needs to be your first step - just tick that you intend to defend in full - then it extends the time you have to respond to 33 days from the date of issue printed on the claim form xxx

Then as Jaguars says, start sorting out some letters to help with the defence later

Hi yes I acknowledged the claim via the online moneyclaim.gov site and ticked I intended to defend the entire claim. (thank you for helping).

[alleyblade]

It is still best to protect yourself with as many legal arguments as possible, so after Acknowledging send the letters. When you send the CCA mark he cheque/postal order clearly on the front with "CCA 1974 STATUTORY FEE" and take a pic or copy for your records to make sure they cannot apply it for the debt and claim you made a payment to it.

Hi I am currently preparing the letters today to send off as per your instruction. thank you.