Lowell Taking Me To Court

[Alba88]

Hi there.

I’m looking for some help on the best way to proceed. I have received ‘ The Simple Procedure Notice of Claim’ from Lowell Portfolio. They want repayment of £3000 of credit card debt (£1000 of which is interest rates) and court fees. The card went into default in March 2019. Lowell took over the debt in 2020 which of course was during covid and I was on furlough. I didn’t respond to any letters but did go to a debt consolidation company but afford the total amount as they included absolutely everything classes as debt or finance.

I am unsure how to proceed and whether I need to get a representative. I don’t have this sum of money and I only work part time having recently returned to work from maternity leave.

Can anyone offer me any advice? Thank you

[MIKE770]

echat11

[echat11]

Hi ALBA88

Welcome to LB

I take it that you are in Scotland. I'm not 100% on Scots Court stuff, but lets see how we can help.

Answer the following, copy paste back onto this thread, leave out personal details.

When was the account opened?
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:

I take it that you have received an information pack.

[Alba88]

Hi there. Yes I am in Scotland. And I will do, thank you.

When was the account opened? 2016 (default 2019)
Received a claim? Yes/No: Yes
Issue Date: 27th June 2023
Have you Acknowledged the Claim?: No
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £3000 (and expenses)
Claimant’s Name: Lowell Portfolio
Solicitors Firm: ShooSmiths
Original Creditor: Capital One
Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): I failed to make contact at any point, but tried a debt consolidation firm in 2020. I did not enter any agreements or repayment schemes.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): NO
List any letters you have sent (eg: CCA/ CPR ): none
Any Other Information or Background Details:

[Alba88]

And I’ve received a bunch of different forms that need filled in and giving me the option to either pay now, dispute or ask for time to pay. I have 2 weeks to have this handed over to the court and Lowell.

[MIKE770]

Pre-Action Letters = pre action letters

[echat11]

And I’ve received a bunch of different forms that need filled in and giving me the option to either pay now, dispute or ask for time to pay. I have 2 weeks to have this handed over to the court and Lowell.

a) If you Acknowledge of Service, you get more time to dispute, have a read of the following:-

https://www.scotcourts.gov.uk/taking...-disputed-case

b) What you could do is fill in a Income and Expenditure form, take account of the cost of living, utility, food, etc. If you can only pay £1 a month, so be it. That can be sent to the Court and Lowell's, if they agree then you can arrange a payment plan.
When you make an arrangement, see if you can negotiate the amount down, remove charges and interest. You can send a letter with the I & E form.

Think about what you want to do, but try not to worry.