County court claim -Lowell/overdales

[Bambi91]

Hello,

today I have received a county court claim today it’s for 2 debts that were passed onto Lowell’s next & capital one combined they are just under £6000.
I don’t know what to do next there’s no way I can pay that off in one sum unfortunately by my own fault I ignored letters etc and completely buried my head in the sand suffer with depression so have let it spiral, I private rent so I need my credit file clear of ccj’s don’t know what I need to do next can anyone help me please

[echat11]

Hi Bamb191

First fill in the following, copy and paste back onto this thread (leave out all personal details and ref no's)

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:
How old are the accounts?:

[echat11]

You need to Acknowledge Service within the first 14 days, that can be done online, that gives you 14 + 14 days, so that 28 days plus 5 for postage.

https://legalbeagles.info/library/gu...ledge-a-claim/

a) Send a CCA to Overdales, they have 12 days to respond (keep an eye on that). Make sure you get Proof of Postage

https://legalbeagles.info/library/gu...etter-example/

b) Send a 31.14 request to Overdales solicitors, they have 7 days to respond after receipt of letter (keep an eye on that). Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

c) You could also send a SAR to Next and Capital One, they have 30 days to provide all the data on the accounts, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Work out the date your defence has to be lodged with the Court and the creditors solicitor, note it in the diary, do not forget.

[Bambi91]

Received a claim? Yes

Issue Date: 15th august

Have you Acknowledged the Claim?: not yet will do this now

Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) just under £6000

Claimant’s Name: Lowell

Solicitors Firm: overdales

Original Creditor: next & capital one

Original Debt (eg. Credit card/Loan/Overdraft) : credit card & catalogue

Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
1) the claim comprises the following agreements the defendant entered into
a.capital one Europe with reference xxxx and current balance of xxx
b.next retail ltd with reference xxxx and current balance of xxxx
the agreements were terminated as payments were not maintained and subsequently assigned to claimant
and the claimant claims:
a) the total of the said sums being £xxxxxx
b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue but limited to one year being £xxxxx
c)costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): not statute barred

List any letters you have sent (eg: CCA/ CPR ): nothing as of yet

Any Other Information or Background Details: bought something on next they automatically set up credit account started spending on it they kept upping credit I paid monthly until the monthly payment was just under £200 a month it wasn’t making a difference so stopped paying.
capital one took credit card out while not working to try and help pay off other debt ended up making minimum payments but again wasn’t bringing the total down at all because of interest so stopped paying

How old are the accounts?: next roughly 10 years maybe a bit less stopped paying about 2.5/3 years ago
capital one about 4:5 years old stopped paying around 2.5/3 years ago

[Bambi91]

Would I be responding to the claim as defending myself completely? Even though I do know it was my own fault

[echat11]

Would I be responding to the claim as defending myself completely? Even though I do know it was my own fault

Yes, you are defending all of the claim (lets see where you stand with the docs / information they send to you). Automatically upping your credit limit isn't great.