Lowell Solicitors CCJ received

**MIKE770** · 8th January 2019, 14:06:PM

First Steps
Check dates
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter

**els77** · 8th January 2019, 15:19:PM

Ok, so I have acknowledged the claim to give me more time. Do you get 28 days now from the date on the claim? In my case 04/01/2019?

**els77** · 8th January 2019, 20:39:PM

I’ve just checked back in my bank account. I have made payments to Lowell in the past for this account but I cancelled when my partner left. Can I still dispute it or am I best contacting Lowell Solicitors tomorrow to arrange a repayment plan?

**MIKE770** · 8th January 2019, 22:04:PM

hold fire asking somebody to pop in here

**Amethyst** · 9th January 2019, 07:57:AM

Originally posted by els77 View Post

Hi. I have received a County Court claim form this morning from Lowell regarding an old JD Williams account. I believe at some point i did enter into a repayment plan with them but when my partner left I stopped payments. Anyway today I have received a claim form and I don’t know what to do next. I don’t really wish to go to court I suffer with anxiety and I’m not sure if my nerves could take it. I made the mistake of just calling them and they brought up other debts they have registered with them in my name. I had started to give them a run down of my income and expenditure but ended the call because I wanted to get further advice if possible.

What do I do next? Thanks in advance for any replies.

How much is the claim for ?
Do you have any idea when the account was first opened and when it defaulted ?
When did you last make a payment to Lowell ?

Ok, so I have acknowledged the claim to give me more time. Do you get 28 days now from the date on the claim? In my case 04/01/2019?

Great, you now have 33 days from the date printed on the claim ( the date of issue ) You can check the final defence due date here -Check dates
Between now and then you should ask Lowell for copies of documents - CCA Request
CPR 31.14 Request

I would also send a Subject Access Request to JD WIlliams ( Shop Direct ) to check how the amount being claimed has arisen and to give you any further details that Lowell may not hold.

This can just be in progress while you look at the overall situation and decide whether to try to get this back under an installment plan without Lowell obtaining a CCJ against you. Now the Court claim has been issued you would need an agreement in writing with them to not obtain judgment while you keep up with the agreed payments.

It is likely that the debt would be enforceable, and it sounds unlikely to be anywhere near time barred as you made payments to Lowell already anyway - so really it's ensuring a default judgment doesn't happen, and giving yourself a little time to sort out what is affordable long term.

I’ve just checked back in my bank account. I have made payments to Lowell in the past for this account but I cancelled when my partner left. Can I still dispute it or am I best contacting Lowell Solicitors tomorrow to arrange a repayment plan?

If you can ask Lowell to send you a list of all the debts which they say they have in your name, you've explained your circumstances a bit to them already?, so just explain why you panicked and ended the previous call and say you will be getting advice about dealing with these debts but would like a full list of the debts so you can check your records before going through your IE sheet and looking at your other debts, and of course your priotity bills ( mortgage/rent, council tax/ utilities etc) before making any installment offers. You can write to them to ask for the info if you don't want to speak to them on the phone again.

Once you have the list you can go through and work out whether there are any disputes, whether any are your ex-partners and gather any necessary information etc. Potentially once you have the info you could go to Citizens Advice or speak with Stepchange to get help completing your SFS ( IE sheet ) realistically so any agreement you make with Lowell is affordable in the long term.

**els77** · 9th January 2019, 08:15:AM

Thank you so much for your reply Amethyst.
The amount they’re claiming for including fees etc is just over £700. It states I opened the account in February 2015. There is no mention though on the claim form that I made any payment to Lowell for this. I made payments to them in 2016. I need to go back to my bank account and work out how much I paid them and when.
I will send those letters off to Lowell by the end of the week and see what happens. At the moment I feel like just ringing them and setting up a repayment plan as I suffer with anxiety and this has triggered it. When I called yesterday the guy on the phone said they had accounts for Capital One and another Shop Direct account in my name. When I receive another letter from them I shall send the CCA request letter.

**Amethyst** · 9th January 2019, 08:54:AM

Send the CCA request letter now - you can do one for each account. Are the other accounts of a similar amount and from around the same time ? 2014/2015/2016 - it's going to be likely they will all be enforceable so if you can sort out your income and expenditure and work out what will be long term affordable you should really be able to get them all sorted out in one call and the court proceedings for the JD williams account put on hold ( known as a stay ) so that no judgment can be obtained unless you stop making the payments ( which is why it is important you agree an affordable amount ).

You can ask them how much the debt was when it was assigned to them by Shop Direct and how much you made in payments in 2016 to check that it has been accounted for. If you can access your bank statements for that time you can double check the amounts are correct.

There's really no need for you to cause yourself unnecessary stress and anxiety over this. The court claim will have come about because you have simply ignored them since you last made a payment in 2016 - you went through a tough patch, it happens, the court claim, basically, gives you a kick up the bum to deal with it, so now it's just a matter of getting back on track, ensuring you're not paying more than you can afford out, and don't get a CCJ against you needlessly xxxx

**els77** · 9th January 2019, 09:09:AM

Ill send the letter CCA letter as soon as I can. I’m considering asking a family member for help. I think all my debts from the past amount to around £2k ish. I’m not certain they can help me but I’m the meantime to sending those letters I’m considering asking for help.
Are places like Step Change worth contacting?

**Amethyst** · 9th January 2019, 09:18:AM

Not so much for the court claim - but they can help you do your IE sheet and work out pro-rata affordability to make sure you can cover priorities and have a life while you are making installment payments. On court claims they tend to say make an admission and offer to pay, but that would get you a CCJ which would stay on your credit file for the next 6 years, so we normally find it better to negotiate directly and get an agreement from the claimant to keep the claim on hold and not obtain judgment while you make the payments.

**Amethyst** · 9th January 2019, 09:22:AM

You might find it useful to do your IE sheets first - https://nedcab.cabmoney.org.uk/quickfs.asp

**els77** · 9th January 2019, 09:35:AM

Thankyou for all your help. I really appreciate it.

At the minute my plan is to send off the letters you said I needed to send. And see what they come back with. I’m the meantime i have until 10th February after doing the acknowledgement of service. If it looks like they won’t budge then I’ll consider asking my family member if they can help me.

**els77** · 11th January 2019, 08:08:AM

Question?
I am sending the letters today. Do I send Lowell Portfolio the CCA request letters for all accounts they have inc for the JD Williams account. And do I send Lowell Solicitors the CPR 34.14 request?

**els77** · 11th January 2019, 09:44:AM

I’m writing the CPR 31.14
Ive requested a copy of the agreement. But what else do I need to write for the section asking for the agreement/default notice/assignment/formal demand. I’m stuck. There is no mention of a default notice, it says the agreement was assigned to the claimant on 30/06/2016 and written notice given to the defendant. Despite repeated requests for payment the sum of xxxx remains due and outstanding. And the claimant claims the said sum and interest and costs.

**els77** · 11th January 2019, 10:12:AM

Apologies for all the questions I have one more. Do I send Lowell Solicitors a copy of the CCA request that I have sent to Lowell Portfolio?

Lowell Solicitors CCJ received