Help please - received CCJ claim for Lowells

[MIKE770]

that is lowlifes for you, a shambles of clerical expedience/contemptuous outfit! some office Waller sat in the corner operating a machines decades ahead of their expertise

[Coconutmilk]

I don’t see how they can send a letter out informing me they intend to take it to county court after they have actually done that? Surely that’s not right?

[Amethyst]

The letter is telling you that they HAVE issued a claim and reminding you that you have to respond to the claim form. The court was just quicker to send the claim form out to you than Lowell were to send the 'we've issued a claim' letter'.

You've acknowledged the claim and have till the 25th Nov to enter your defence so you're absolutely fine. All your requests for information have been sent out so see what comes back from those for now

[MIKE770]

deleted

[Coconutmilk]

Nothing is back at all so far!

[MIKE770]

hopefully they cannot find enforceable items? long may they never find/

[Coconutmilk]

Amethyst Ok only one thing back. A covering letter from Lowell Solicitors and the attached letter which has no heading or anything. I need to prepare my defence - can someone help please?

[Amethyst]

Okay, have you started putting your defence together ? Example Defence is a good starting point

[Coconutmilk]

No not started yet -do I admit I entered into an agreement? As per the letter they send they apparently sent me notice that it had been transferred to Lowell’s but I have not had anything with my signature or agreement or a default notice on it?

[MIKE770]

admit nothing it is alledged until/if proven, and enforceable document would be needed let alone other areas. as you state above non compliance by them so far - look read other threads and a picture how (Lowlife) Lowells operate.

[Coconutmilk]

MIKE770 what would be classed as an enforceable document?

[MIKE770]

all the necessary requirements, but there are other areas of fault in procedures, so nothing definite without seeing one then a professional needs looking at it

[Coconutmilk]

MIKE770 Amethyst can I email my defence or does it have to be posted?

[Coconutmilk]

And once I’ve done that what is next step? Sorry for all the questions - I’ve never done this before

[Amethyst]

Okay once you file your defence ( you can do it through Moneyclaim Online if you did your acknowledgment that way, otherwise you can post it to the court ( Recorded post is a good idea ) or you can email it - although you'd need to call the court before doing so as they have been messing about with their email addresses and I'm not sure which one they use for submission of defence now ).

Once it has been submitted it gets sent to the Claimant.

The Claimant then has 28 days to tell the court if they wish to continue with the case.

If they do, the court sends a Directions Questionnaire, which asks for your local court and whether you're fussed about mediation.

Then the case gets sent to your local court, and they issue directions for document disclosure and possibly a hearing date,

Then it's exchange of witness statements - which is normally when you either get all the evidence about the claim and you enter into a negotiation - or they ditch the case.


In the Defence you can mentioned they have sent to NoA's, and that they replied to your CPR request to say they didn't have the documents and are contacting the original creditor to obtain them, however they didn't agree to your request for an extension of time to file the defence, therefore once docs are received you may need to amend and ask the costs of such amendment are awarded to you ( there is a bit in the example for that ). ( First just check your CPR request did ask for the extension )