Received County Court Claim from Lowells. - HELP!

[NDTMAN]

HI all.

On Wednesday Morning ( Issue date 4-2-19) I received a County Court claim from Lowells from a debt of £355 + £35 court fee + £50 legal rep costs. This is from a Capital One account I had. Literally cannot remember it. I've had a few letters from Lowells about the debt but stupidly stuck my head in the sand and ignored them. I haven't rang Lowells or replied to any letters from them

So far this morning (8-2-19) I have acknowledged the service (AOS).

1) So from reading through a couple of similar threads on here and various other websites I take it I now need to send a CCA request?

2) Do I have to send the £1 postal order with this? Do I send this to the creditor, Capital One? or Lowell Portfolio in Leeds or to the Lowell Solicitors in Northampton?

3) Also I have to send a CPR 31.14 to the Lowell solicitors?

Sorry for the questions. How likely is it that this will go all the way? Would I literally have to attend court?

I will update this thread as and when I can. Thanks in advance for all the help.

[Amethyst]

Hi NDTMan, Welcome

First your questions

1) So from reading through a couple of similar threads on here and various other websites I take it I now need to send a CCA request?

YES - CCA Request

2) Do I have to send the £1 postal order with this? Do I send this to the creditor, Capital One? or Lowell Portfolio in Leeds or to the Lowell Solicitors in Northampton?

YES send the £1 and the CCA request to Lowell Portfolio in Leeds.This is because they own the debt now and thus are deemed as the creditor.

3) Also I have to send a CPR 31.14 to the Lowell solicitors?

Yes - asking for any documents mentioned in the particulars of claim (likely the agreement, possibly notice of assigmment and default notice but depends on the wording of the claim )

Send a SAR to Capital One - particularly if you don't recall the account at all. - Subject Access Request Letter

Does it appear on your credit file anywhere? Any idea at all how long ago it defaulted ?

How likely is it that this will go all the way? Would I literally have to attend court?

Unlikely, you'll defend until such point as you recognise the debt and your defence falls away - if it does....and then offer a settlement out of court - otherwise if your defence stands normally the claimant sees this and the claim gets discontinued. But if you don't recognise it and no documents are provided but Lowell decide to be narky then yes you could end up attending a hearing. Our aim really is to help you check the debt is legitimate and enforceable and then avoid getting a CCJ against you if at all possible.