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Court claim paperwork received

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  • Court claim paperwork received

    Good evening.

    Yesterday I got court claim paperwork, I've had no pre court claim letter.
    The debt is for a catalogue which at first I couldn't remember about.

    Going back through bank statements I can see my last payment to them was in January 2013.

    Now if I've done my research correctly that means that if you allow the 6 months for the original creditor to register a default that would take it to July 2013?
    There has never been a default on my credit file for this debt up until the end of last month Oct 2019 when Lowell added it.

    Would this debt be statute barred as I believe it is?

    If so how do I fill in the N9B to defend the claim as statute barred?

    Many thanks in advance.
    Tags: None

  • #2
    It sounds like it might be statute barred but it is worth checking and obtaining the relevant documentation so you can defend on alternative grounds as well.

    If you can have a read https://legalbeagles.info/library/gu...y-court-claim/
    and give us a bit more info on the claim as per the form it will help guide you through dealing with the claim.

    First job is to acknowledge service.
    We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

    Comment


    • #3
      Hi Amethyst thanks for your reply please find below the details.

      Received a claim? Yes
      Issue Date: 04/11/2019
      Have you Acknowledged the Claim?: YES
      Total Amount Claimed : (eg. Credit card/Loan/Overdraft) : Catalogue
      Particulars of Claim: (
      Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): I beleive it is statute barred last payment made in Jan 2013 with no communication since.
      List any letters you have sent (eg: CCA/ CPR ): NONE
      Any Other Information or Background Details:
      Last edited by rusty2009; 8th November 2019, 08:45:AM.

      Comment


      • #4
        What date do I put in the letter to the Solicitor?

        To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx

        Comment


        • #5
          Here's the letter I've done which I'm hoping to send today.

          To the solicitor from the template.

          Dear Sir/Madam
          Claim Number: xxxxx

          Request for documents mentioned in a statement of case under CPR 31.14

          On 06/11/2019 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

          To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 01/12/2019.

          1. Agreement
          2. Termination Notice
          3. Notice of Assignment


          In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
          You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.
          I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.
          You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
          If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.


          I look forward to hearing from you.

          Comment


          • #6
            I've today had a letter from Lowell Solicitors. stating the following.

            We write in regards to the above matter.

            We can confirm we have received your Acknowledgement of service. Please ensure you respond to the claim as you deem appropriate within the timescales set out by the court.

            Please be advised that we have requested for a copy of the relevant documentation from our client, we are unable to control the time-frame in which it takes for these to be provided but once in receipt we will contact you accordingly. We have however enclosed a copy of the notice of assignment for your reference.

            Whilst we await the above documents you are required to respond to the claim form where you deem appropriate within the time-frame set out by the court. Failure to respond may result in a county court judgement in default being entered against you, incurring further costs to the account balance.

            If you wish to speak with a member of our team, please telephone us between 8:00am and 8:00pm Monday to Friday or between 8:00am and 2:00pm Saturday on 0113 335 3334.
            The notice of assignment letter is as follows.


            As of yet nothing back from Lowell Portfolio.

            Any advise at this stage Amethyst

            Comment


            • #7
              Assignment in December would be pretty speedy if it defaulted within 6 years before the issue date of the claim. Last payment Jan 13 so seems likely it defaulted before the end of October 2013.
              There has never been a default on my credit file for this debt up until the end of last month Oct 2019 when Lowell added it.

              Have they put a default date on the credit file details ? Suspect you might be making a complaint about that entry.



              No mention of when the account was opened - have you any idea - was it before 2007 ? ( littlewoods paperwork was atrocious pre 2007 )

              Otherwise nothing to do but sit tight and see what they come up with, but keep an eye on the clock to enter your defence before the 33 days are up ( so aim for approx. 1st Dec to ensure you have enough time to file )
              We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

              Comment


              • #8
                Amethyst, Thanks for your reply.

                Yes that was my view that Very has 6 months to default so Jan + 6 months = July 2013.

                On the credit file it shows this.

                Lowell
                In what why do I complain about the date on the credit file entry?

                Comment


                • #9
                  We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                  Comment


                  • #10

                    Comment


                    • #11
                      We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                      Comment


                      • #12
                        Just a small update to date nothing back from the CCA request or further documents from Lowell solicitors.

                        Lowell have done a search on my credit file with code AF (google tells me this is Action fraud) which made look into the details more & I notice that they got the day and month of birth crossed over.

                        Comment


                        • #13
                          Amethyst I'm just starting to compile the defence ready from the very helpful template.
                          Under which section is it S77 or S78?

                          Also Do I need to ask the claimant if they would allow an extension or just remove that part? It's a bit close in time to allow a response from them for filling defence on the 1st.

                          Comment


                          • #14
                            Originally posted by rusty2009 View Post
                            Just a small update to date nothing back from the CCA request or further documents from Lowell solicitors.

                            Lowell have done a search on my credit file with code AF (google tells me this is Action fraud) which made look into the details more & I notice that they got the day and month of birth crossed over.
                            Tell the credit reference agency and Lowell about that just in case it flags anything weird ( wrong date of birth can be a fraud flag ). Just to be safe.


                            For the defence it is section 78 being a catalogue ( running credit )
                            We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                            Comment


                            • #15
                              Thanks Amethyst I will get onto that today.

                              Here's my defence ready to go now. Hopefully it's ok?

                              In the Northampton County Court Business Centre

                              Claim No: [XXXXX]

                              [Claimants Name]

                              Claimant

                              And

                              Lowell Portfolio I LTD

                              Defendant

                              DEFENCE

                              1.The Defendant received the claim [Claim Number] from the Northampton County Court on 6thththStatement of Truth

                              The Defendant believes that the facts stated in this Defence are true.

                              Comment

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                              SHORTCUTS

                              Pre-Action Letters
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                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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