Help! Court Claim from JD Williams / Lowells

[Billybudd]

Hi there, I need some help!!!

I have the following MCOL court claim from Lowell Solicitors -


Particulars of claim;
1)The Defendant entered into a comsumer credit act 1974 regulated agreement with JD williams under
account reference xxxx(The agreement)
2) The Defendant failed to maintain the required payments and a default notice was served.
3) The agreement was later assigned to the claimant on 9/4/2015 and notice given to the defendant.
4) Despite repeated requests for payment, the sum of £774.69 remains due and outstanding.
And the claimant claims a) the said sum of £774.69
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, accruing at a daily rate of £0.170, but limited to one year being £41.43, c) costs.

Amount of claim £946.12

Claim started 10/ Dec 2105

I have done the following....
Acknowledged the Claim
Sent a CCA request (28th dec)
Sent a CPR 31.14 request (28th dec)

.. then got a letter from Lowells Solicitors 4/1/16 stating they had requested copies of documents requested and seen I had acknowledged service etc..

I left it a while (about a month) before I started my Defence and also to wait for documents. I have seen today that a judgement has already been made against me on the MCOL site BEFORE I could enter my defence ( I stupidly didn't know the time limit)
My question is.. Is there anything I can do now to get this set aside so I can submit my defence or is it too late??
Is this classed as an ' irregular ' default judgement and therefore a chance to get set aside via MCOL?

Help! :tinysmile_cry_t:


Billy Budd

[Billybudd]

Re: Help! Court Claim from JD Williams / Lowells

Hi Folks....

Just to add to this, is the below statement known to be correct?

Irregular Default Judgments

The law distinguishes between two types of default judgments: “regular” and “irregular” judgments. A default judgment will be irregular if it has been entered when:

• The defendant has filed an acknowledgement of service or a defence;
• The time for filing the acknowledgement or defence has not yet expired;
• The defendant has made an application to strike out the claim or for summary judgment;
• The defendant paid off the whole claim, including any costs and interest, before judgment was entered;
• The defendant has filed an admission to the debt and asked for time to pay.

A default judgment entered in any of these circumstances is not valid in law and the court must set it aside.


If this is correct, is there any 'standard template' I can use to get set aside on the MCOL site as I don't know correct procedure.
Getting worried about this now! Thanks for any advice / help...:tinysmile_cry_t:

[Amethyst]

Re: Help! Court Claim from JD Williams / Lowells

I've not heard it called regular or irregular before but if a judgment has been made in default you MAY be able to apply to have it setaside.... yes - I'm just going to read your first post as noticed you haven't had a response to that one yet, my apologies for that xxx

[Amethyst]

Re: Help! Court Claim from JD Williams / Lowells

Ahhh right with you now

I left it a while (about a month) before I started my Defence and also to wait for documents. I have seen today that a judgement has already been made against me on the MCOL site BEFORE I could enter my defence ( I stupidly didn't know the time limit)

the part you have quoted

• The defendant has filed an acknowledgement of service or a defence;

The Court would need to allow your setaside application had the claimant got a default judgment after you'd filed your acknowledgment of service but before your defence was due.

Because you didn't submit the defence in time ( 33 days from the date of issue on the claim form) they were entitled to ask for default judgment.

So your defence would have been due 11th Jan (ish) - when did you try to submit it ?

In the letters Lowell sent to you in response to your CCA and CPR requests did they say anything about keeping the case on hold while they obtained documents ?

You can apply for a set aside hearing but think we'll have to have a look at potential defences and, for want of a better word, excuses, for not having filed the defence on time. It will cost you £155 ( unless eligible for fee remission - eg on benefits or v. low income )

[Billybudd]

Re: Help! Court Claim from JD Williams / Lowells

Thanks so much for responding.

To answer your Questions....

So your defence would have been due 11th Jan (ish) - when did you try to submit it ?

I completed my 'no documents etc..' defence yesterday (still kicking myself I didn't do sooner)

In the letters Lowell sent to you in response to your CCA and CPR requests did they say anything about keeping the case on hold while they obtained documents ?

No - They stated in their letter dated 4 jan;
We note the contents and write to advise you that we have requested copies of the statements relating to your account, the agreement and default notice from our client and will forward these to you upon receipt. We have been notified by the court that you have filed an acknowledgement of service to the proceedings we have issued against you. should you wish to discuss the matter, please contact the offices.

( Funnily enough nothing turned up)


If it helps I can scan the letters I sent / received with info blanked out. I don't know how successful a set aside would be and if worth pursuing?

[Amethyst]

Re: Help! Court Claim from JD Williams / Lowells

mmmm well, it depends how strongly you feel about the debt, and whether you can comfortably get it paid off within 28 days so it doesn't kill your credit file for six years. It doesn't sound like they have given you much of a get out with the letters... have you had notice of the judgment from the court yet/do you know when it was awarded ?

[Billybudd]

Re: Help! Court Claim from JD Williams / Lowells

To answer...Nothing formal through the post yet - but here's the info from the Mcol claim history;


Your acknowledgment of service was submitted on 29/12/2015 at 20:47:23


Your acknowledgment of service was received on 30/12/2015 at 08:01:41


A judgment was issued against you on 28/01/2016 at 19:20:55




TBH my credit file is shot anyway and i'm struggling with debts. I am hoping there will be some sort of agreeable repayment plan - I expect Lowell's to be straight on the case for payment!

[Amethyst]

Re: Help! Court Claim from JD Williams / Lowells

Ahhh so only a couple days. You could send your defence in tomorrow morning by email and cross your fingers - not likely to work but maybe ring the court and ask them why MCOL isn't working, then they will tell you that judgment has been entered in default, and you can ask them what the judgment is - it possibly will be an order for £50 a month ... then you need to decide if you want to apply to set aside and go through the defence process - or ask the court to vary the order ( so they can redetermine payment amounts to suit your income/expenditure and be affordable )

[Billybudd]

Re: Help! Court Claim from JD Williams / Lowells

OK, great - thanks for your valued input - I will have a think tomorrow if it is worth trying to set aside....