Lowell -court action

[poza1]

Hi I need help , I have been fighting Lowell debt for around 7 months .it has now come to court issuing a summons to pay £100 a month. I have returned the summons to court with a break down of my pension , which court have returned to me asking for £50 fee to process this . also I returned the reminder to Lowell along with breakdown of finances which to date I have received a reminder nothing else .now it is panic time as the first payment of £100 has to be paid by 13/3/19 help

[Amethyst]

When you say returned to the court, did you send the N245 form ( https://assets.publishing.service.go...2/n245-eng.pdf ) .... which does have a court fee of £50 - or if you are eligible for remission complete the EX160 form ( https://www.gov.uk/government/public...-tribunal-fees) to send WITH the N245 application.

Was this a judgment in default or did the claim go to a hearing ?

[poza1]

When you say returned to the court, did you send the N245 form ( https://assets.publishing.service.go...2/n245-eng.pdf ) .... which does have a court fee of £50 - or if you are eligible for remission complete the EX160 form ( https://www.gov.uk/government/public...-tribunal-fees) to send WITH the N245 application.

Was this a judgment in default or did the claim go to a hearing ?

Yes it was a default ,it was a N245 I sent . I have been fighting this as it is in wrong name and date of birth on the account, but nobody seems to bother about it

[Amethyst]

How have you been fighting it - did you enter a defence to the court claim ?

[poza1]

Yes it was a default ,it was a N245 I sent . I have been fighting this as it is in wrong name and date of birth on the account, but nobody seems to bother about it

yes I did as it was a variation of my name plus it was not my date of birth . I also sent a letter for prof of it being my debt to Lowell which they sent me copys of a contract of sale which was not signed ,saying these goods had been deliverd to this address so they were mine .no explanation about wrong name or or wrong date of birth .then they sent me this notification of court issue of a summons to pay £100 per month which I cannot pay as I have my pension only

[Amethyst]

How did you enter your defence ? Through the online court system, by email or on paper to the court?

[poza1]

yes I did as it was a variation of my name plus it was not my date of birth . I also sent a letter for prof of it being my debt to Lowell which they sent me copys of a contract of sale which was not signed ,saying these goods had been deliverd to this address so they were mine .no explanation about wrong name or or wrong date of birth .then they sent me this notification of court issue of a summons to pay £100 per month which I cannot pay as I have my pension only

I returned the paper work to court with a letter explaining that it was not my name and that the court summons was the first I new about this debt with no contact from Lowell, at the same time I sent same paper work to Lowell explaining the same

[charitynjw]

I'll give Amethyst a nudge for you.

Do you have proof that you sent something back to court?
We might need to see exactly what was in your response to the court, but hold fire on that for now.

[poza1]

I returned the paper work to court with a letter explaining that it was not my name and that the court summons was the first I new about this debt with no contact from Lowell, at the same time I sent same paper work to Lowell explaining the same

Thank you ,yes I have copys of every thing I sent to court plus all I have sent to lowell

[Amethyst]

You'll need to ring court and find out how there is a default judgment when you had defended the case.

Does the court order say 'Judgment in default' in the top left ?

If its it's an error then you may need to apply to set aside. If this was simply not your debt then of course you should not be paying it or have a judgment against you.

what was the original debt ? Mobile phone / studio24 / other catalogue etc ?

[charitynjw]

Just to clarify, was there a court hearing, or was this a 'default' judgment? (I suspect the latter, but just to be sure.........)

[poza1]

You'll need to ring court and find out how there is a default judgment when you had defended the case.

Does the court order say 'Judgment in default' in the top left ?

If its it's an error then you may need to apply to set aside. If this was simply not your debt then of course you should not be paying it or have a judgment against you.

what was the original debt ? Mobile phone / studio24 / other catalogue etc ?

No there was no hearing ,I will double check what it states it was for

[poza1]

I have been through all the paper work ,it seems it is catalogue debt . to date I received a court summons ,I returned this with letter explaining 1) first I have not heard of this debt.2) it is not my name . I have since realized it is not my date of birth.was then contacted by court saying the paper work had gone back to Lowell it was up to them to get in touch with court within 28 days or contact myself . I then received a small claims paper work as I was defending the claim. I then returned this again explaining it is not my name on this debt.this has been totally ignored then received copys of what Lowell claim is prof of items being deliverd to this address at the top in left corner is again the said name ,this is when I realized it was also wrong date of birth .also included was a copy of the said contract this is not even signed,along with wrong name plus wrong date of birth .the small claims paper work I did not sign as it is not my name on it ,and I assumed that if I signed this it would somehow (not sure how) it would be admitting it was my debt .this is were I am at now .the court summons came with a notice of I had to pay £100 instalments per month + £50 if I need to apply to get this amount redused . how the hell I have finished up here I do not no .I have till 13/03/19 to pay first instalment . I also sent paper work to Lowell with a break down of my income which is state pension to which I received a reminder that the first instalment is due on 13/03/19 . basicly I feel like I am up s--t street with out a paddle and do not no which way to go.i do no I have done some of the above as I was in triple panic mode ,think I have made matters worse

[Amethyst]

Ring court Monday - persevere in getting through they are slow - and ask how there is a judgment when you defended .

Also look at the document that says to pay £100 a month and tell me what it says top left of the page please.

I need to know what you missed doing to know how to rectify. If it's easier do photos of the papers and email them to me admin@legalbeagles.info .

It sounds like your defence either wasn't entered correctly or was struck out, maybe for not returning a directions questionnaire, or for being non compliant, or the other side applied for summary judgement. It's, at the moment impossible to guess, so really need to know exactly what the judgment says.

Ignoring the name / date of birth for the moment - did you have an account with that catalogue ?

[poza1]

Ring court Monday - persevere in getting through they are slow - and ask how there is a judgment when you defended .

Also look at the document that says to pay £100 a month and tell me what it says top left of the page please.

I need to know what you missed doing to know how to rectify. If it's easier do photos of the papers and email them to me admin@legalbeagles.info .

It sounds like your defence either wasn't entered correctly or was struck out, maybe for not returning a directions questionnaire, or for being non compliant, or the other side applied for summary judgement. It's, at the moment impossible to guess, so really need to know exactly what the judgment says.

Ignoring the name / date of birth for the moment - did you have an account with that catalogue ?

no I didn't