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 ?
Am i too late to reply to court claim ?
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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.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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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/
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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.Last edited by buryheadsand; 1st July 2024, 14:13:PM.
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Originally posted by buryheadsand View PostThank 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.
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Originally posted by buryheadsand View PostOh 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 ?
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Originally posted by buryheadsand View PostIf 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 ?
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
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.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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