Am i too late to reply to court claim ?

[buryheadsand]

Hi, I am really scared. I have received a court claim but only just opened it. It's dated 14th June. I don't know what to do. Please can someone advise? The claimant is Lowells and solicitors Overdales. I do owe the money for a credit card. I took it out in 2012 defaulted in 2013 and last made a small token payment in 2021. Can I just come to a payment arrangement with them or is it too late now ?

[atticus]

It is never too late to do that.

If you do not file your acknowledgement of service NOW a CCJ will be entered against you.

[buryheadsand]

Ok thank you so i just log on and accept it and offer a payment plan ?

[echat11]

Ok thank you so i just log on and accept it and offer a payment plan ?

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

[buryheadsand]

thank you I have logged on and done the acknowledgement. Can i now just set up an account with overdales and do a payment plan or do i send the form back to them with what i propose ?

[echat11]

Email Lowell and Overdales, send them an Income and Expenditure form, take into account the cost of living crisis, give yourself a buffer just in case things get worse.

Take into account i.e. energy, food etc. It's a non priority debt. A court will only ever ask you to pay what you can afford each month, so if that's £1 so be it.

https://nedcab.cabmoney.org.uk/

https://www.citizensadvice.org.uk/de...itor---letter/

[buryheadsand]

Thank you I have done that. do I need to do anything with the court now or just wait back to hear from the email ? Just had an automated response to say they have high volumes and may take up to 10 days to respond and if it is urgent to phone them.

[echat11]

Thank you I have done that. do I need to do anything with the court now or just wait back to hear from the email ? Just had an automated response to say they have high volumes and may take up to 10 days to respond and if it is urgent to phone them.

I would phone them but limit what you say to them, i.e. Court Claim Ref No. XXXXXX, that you've responded via email to set up a payment plan. Maybe email the Court with the same. That way it's noted on their systems.

[buryheadsand]

Oh no. I have just realised that I sent Lowell a request last year back in July and they said they had put the account on hold. I heard no more after that so totally forgot about it. Does this change things ? Or have i messed things up now ?

[buryheadsand]

If they couldn't provide the documentation back then does that mean they have no case in court or is that not how it works ? I suppose by me offering a payment I have messed up any defence anyway ?

[echat11]

Oh no. I have just realised that I sent Lowell a request last year back in July and they said they had put the account on hold. I heard no more after that so totally forgot about it. Does this change things ? Or have i messed things up now ?

In your initially post you've stated that you want to continue making payments, in that since the advice hasn't changed and has no relevance. Do as previously advised.

[echat11]

If they couldn't provide the documentation back then does that mean they have no case in court or is that not how it works ? I suppose by me offering a payment I have messed up any defence anyway ?

Correct, until they produce the documentation the account is 'unenforceable' and would of helped with Defending the claim. In your initial post you stated two things, 'I do owe the money for a credit card. Can I just come to a payment arrangement with them or is it too late now ?'

[buryheadsand]

Thank you for the replies and continued advice.