WON In my local county court help please

**Amethyst** · 11th November 2014, 23:21:PM

Re: In my local county court help please

Hi lifeshard and welcome.

Do you want to post up a copy of the defence you entered, it may help see if there is anything you need to do now.

Did the claim form state what the original debt was ?

On the letter from court with the hearing date does it ask you to submit witness statements/documents before the hearing at all ?

Approx how much is the claim for ?

Have you sent any requests for information to Lowell or simply stated to the court you don't owe anything to Lowell ?

Try not to worry we'll help all we are able.

Sharon
xx

p.s. little bit here http://www.legalbeagles.info/forums/...-court-hearing on what to expect in court xx

**lifeshard** · 11th November 2014, 23:40:PM

Re: In my local county court help please

bank of Scotland credit card about 1900 debt over about 2100 pound with court fees etc.
looked on my credit file opened 2/2/2004 and defaulted on 10/10/2009, and lowells buy on sept last year.

cant see my defence any more need is via moneyclaim.gov I stated in my defence I don't own any money to lowells and they never sent any doc etc

Thanks for reply Sharon

No owns not ask me for any docs on court form

**Amethyst** · 11th November 2014, 23:44:PM

Re: In my local county court help please

Okay, thank you x did you ask Lowells to send any documents ? If not then I would now send a CCA request to them, you have time - http://www.legalbeagles.info/forums/...y-of-Agreement

Were there any issues with the debt at all ? or was your defence based on just not knowing who Lowells are ?

**lifeshard** · 11th November 2014, 23:51:PM

Re: In my local county court help please

No did not ask lowells for docs in the past sorry

defence was quite a while back now cant remember what I put but did not admit to any thing.

sould I sent to byarn carter or lowells the request.

Thanks again for the reply, head in bit of mess at moment and got the:tinysmile_cry_t: flu

**Amethyst** · 11th November 2014, 23:54:PM

Re: In my local county court help please

aww hope you feel better soon, hot honey, whiskey and lemon

xxx

Send the CCA request to Lowells. If you have pleaded you have had no documents off of Lowell then you have to have asked them for some.

Whats your personal circumstances ? ie. is it imperative you don't get a CCJ ? Do you own your own home ? Would you be able to make payments off the debt ?

**lifeshard** · 12th November 2014, 00:02:AM

Re: In my local county court help please

I am not working at the min so would be hard to make payments, no don't own my house at min but have car worth £500.

Had bad breakdown in late 2008 after partner died:tinysmile_cry_t:. so had I lot of defults on file around that timeframe did buried head in sand.

One of my friend say something today about it being stat barred?

Anyway thanks again for your help making me a soup and lemsip at min

**Amethyst** · 12th November 2014, 00:08:AM

Re: In my local county court help please

Sorry to hear about your partner xxxx

If your default was October 2009 then it won't be statute barred - that needs a clear 6 years between last acknowledgment/payment and the date they bought the court claim.

So you have quite a few defaults which are around 5 years old, you might find you start getting more letters now as they try get in before statute barring barrs them, so if you do, come here, and don't hide head in sand ok.

If income is low then a negotiation might not keep you off getting a CCJ, I would get together your income and expenditure sheet before the hearing so if the judge does find against you you are prepared to ask for an instalment order based on your financial circumstances, rather than having to go back to vary a forthwith order later. Not saying that will happen but always best to be prepared.

**lifeshard** · 12th November 2014, 00:17:AM

Re: In my local county court help please

Many thanks for help sorry if I keep asking questions, but surely lowells would have given the docs to the court for the case to go to court? if lowells had no docs in court surely judge cant grant it?

Thanks again for your help will be sending that letter off on Wednesday afternoon

Take care

**Amethyst** · 12th November 2014, 00:22:AM

Re: In my local county court help please

You'd think wouldn't you, but sadly it doesn't work like that. The claim will have been bought through the bulk centre, Northampton, and there is no requirement to send any documents with the claim, if it is disputed the court should order documents before the hearing. Can you check the hearing ether and maybe type out or photograph or scan it in just to check what the hearing is for and whether we can do witness statements. Did you get a directions questionnaire n180 from court after submitting your defence, or any communication from Lowell since putting in your defence?

**lifeshard** · 12th November 2014, 00:32:AM

Re: In my local county court help please

Noting back from carters or lowells since defence put in, on the court date letter it just says follow civil rule rule part 27. No docs from lowells or carter ever given just statement on the claim form I frist got given stating I own them money and no docs.

**lifeshard** · 12th November 2014, 00:34:AM

Re: In my local county court help please

will scan doc on Wednesday afternoon and put up.

**Amethyst** · 12th November 2014, 00:38:AM

Re: In my local county court help please

Ok,

3) In this rule –(a) ‘standard directions’ means –
(i) a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing; and
(ii) any other standard directions set out in Practice Direction 27;

good good... we have a couple weeks , get that CCA letter sent off tmw xx

**lifeshard** · 12th November 2014, 00:40:AM

Re: In my local county court help please

Thanks for your help will check in again Wednesday with update.

**lifeshard** · 24th December 2014, 02:18:AM

Re: In my local county court help please

Just an update i beat lowells in court, they never showed up in court just sent a witness statement with loads of errors about case.
Judge dismissed it he said he dismissed four orthers cases from lowells that day to lol

mashappy:

WON In my local county court help please