Lowell - Going to local County Court Urgent Advice Needed Please

[NeedingHelp15]

Hi All,

I am wondering if anyone can help me please. I was contacted by Lowell at my new address a few months ago. They filed a Small Track Claim Form to Business Centre Court in Northampton and I responded saying I don't remember taking out the debt and I requested Lowell send me a copy of the Credit Agreement and evidence of a last payment made (if any) needless to say I have received neither. They have come up with a date for the last payment in 2010 which is impossible as I had a nervous breakdown back then and made no payments to anyone, which would render this debt in any event statute barred as it;s over 6 years old. I explained this in my small track claim form as well.

Anyway to cut a long story short I had an email today from the mediation service stating that Lowell want to mediate and they have given me some dates/times etc but that I can only mediate if I have all the required information from the other party (which I don't have). Therefore I emailed back and stated this and also explained that due to my mental health problems I find talking on the phone extremely stressful.

I sent a letter to Lowell stating that I have numerous physical and mental health problems and they requested evidence of this, I wrote back explaining that it would cost me to get a letter from my GP and I was unwilling to do that. I have heard nothing back since.

My question is what happens now? I am finding this really distressing and I am concerned about my mental health going back to how it was, I can feel it creeping up on me again. If they do take it to the local court I won't be able to attend as I am housebound. I am also on benefits and have no income spare to pay anything off so what would happen then? Will the bailiffs come round or will I just get a CCJ? I am really frightened now, I live with my husband and my mum (she is terminally ill) and I can't have all this coming to our home.

Please help, getting so stressed out!!

[Kati]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

:bump: for [MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

Good afternoon responding to @ Kati nudge,

I presume from what you say the claim has been acknowledged and a defence submitted?

OK my thoughts are that Lowell must treat you as a vulnerable person a step back from this claim, clearly you do not have the means to meet any large debt.
Please give me the detailed history of the debt if you can and what Lowell are claiming.

At this stage and in the future I cannot see bailiffs being involved so please don't stress over that!,
The simple, practical and correct way to look at this is I suspect this is a non priority debt, catalogue, credit/store card? Lowell "can't have what you have not" nor would a court order you to pay any unaffordable amount.

Did you send a formal request to Lowell for the copy of the agreement including the £1 fee?

nem

[NeedingHelp15]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

Hi Nem, thanks so much for the reply.

The claim has been acknowledged and the defence was submitted. Mediation emailed me today but I have declined as I had to answer 4 questions as "yes" which I couldn't do when it said about "do you have all the information required". I will copy and paste the email below.

It is for a Shop Direct account apparently (which I really can;t remember taking out) but it is possible as times have been very hectic for the past 10 years or so with my mum being so ill. They are claiming £700 including fees.

I didn't send a £1 fee but I did send a letter asking for proof of the account and any payments made. They did inform me that they were getting hold of the credit agreement from Shop Direct but that was months ago and I have heard nothing since regarding that.

Thanks again
Daniella

The above parties have both filed a Directions Questionnaire (N180) and have both stated that they would be willing to try and resolve this matter via mediation.


Appointment Time & Date

A 1 hour telephone mediation session of up to one hour is available to you between 9.30 and 13:30 on the following dates:
Monday 16^th May
Wednesday 18^th May
Friday 20^th May


Mediation Requirements

Please read the following 4 statements:

	Yes	No
1.I can confirm that I am willing to compromise on this matter
2.I can confirm that there has been no police involvement in this matter at any time
3.I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate
4. I am available to mediate on one of the following dates (You must tick at least 1 of the following, you may tick more than 1 if applicable)
I am available between 9:30 & 13:30 on the Monday stated above
I am available between 9:30 & 13:30 on the Wednesdaystated above
I am available between 9:30 & 13:30 on the Friday stated above

Mediation is only available to you if you can answer YES to all 4 statements above. If you cannot answer YES to each of the 4 statements, mediation is not suitable for your case.


If you have answered yes to all 4 questions and you would like to try mediation, please also complete the following table and return the email to scmreferrals@hmcts.gsi.gov.uk. (You may have to click onreply before you can complete the boxes above and below)

[NeedingHelp15]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

I have today received a letter saying it has been allocated to my local county court and I am to wait for further instructions from the judge. Can anyone PLEASE help as I am now getting really worried. What do I do?

[nemesis45]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

I have today received a letter saying it has been allocated to my local county court and I am to wait for further instructions from the judge. Can anyone PLEASE help as I am now getting really worried. What do I do?

Hello, wait for the judges directions until we know what the judge says we can't go further.

nem

[NeedingHelp15]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

Hiya, so today I received the General Form of Judgment or Order. A date has been set for the 2nd June at midday.

The letter received today says the following:

It is ordered that:

1. Within 14 days of service of this order, the claimant must file at court and serve upon the Defendant-
a. A copy of the original loan agreement (and a copy of the assignment of debt):
b. A copy of the default notice
c. Evidence of service of the default notice:
d. A statement of the defendants account from date of it's inception up to the date of this order.

So what do I do now? Am so scared and I am in the middle of a serious flare up of my health conditions so am stuck in bed pretty much all the time and this is just making it much worse!

Any help greatly appreciated.

[nemesis45]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

Hiya, so today I received the General Form of Judgment or Order. A date has been set for the 2nd June at midday.

The letter received today says the following:

It is ordered that:

1. Within 14 days of service of this order, the claimant must file at court and serve upon the Defendant-
a. A copy of the original loan agreement (and a copy of the assignment of debt):
b. A copy of the default notice
c. Evidence of service of the default notice:
d. A statement of the defendants account from date of it's inception up to the date of this order.

So what do I do now? Am so scared and I am in the middle of a serious flare up of my health conditions so am stuck in bed pretty much all the time and this is just making it much worse!

Any help greatly appreciated.

Hello Needinghelp.

A Judge has seen the claim and ordered the claimant to produce all the documents that it intend to rely upon in court, at present there is little you can do from the detail of the judges order I would guess that he /she is not impressed with Lowell's claim and the lack of compliance with the requests via CCA and CPR.

I suspect and hope that Lowell will not be able to comply with the order, and the claim could well be discontinued or struck out.

I am sorry to hear that this is affecting your health so badly and I sincerely hope this order is going to leave Lowell in the Sh*t.

Watch out for any post from Lowell and come straight back to us if anything is supplied, even if they do file something it may not be valid or compliant.

Help is here ready and waiting.

nem

[NeedingHelp15]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

Hi Nem,

Thanks so much for the fast reply. I will let you know what happens. Hoping and praying it gets struck out. Do I need to inform the court I won't be able to attend? (I am housebound)

Danni

[nemesis45]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

Hi Nem,

Thanks so much for the fast reply. I will let you know what happens. Hoping and praying it gets struck out. Do I need to inform the court I won't be able to attend? (I am housebound)

Danni

Hello Danni,
A personal letter to the court manager ( request that it is put before the judge IF the claim goes to a hearing, ) Explain your circumstance in detail and apologise for being unable to attend in person.

I hope you will feel better soon.

nem

[NeedingHelp15]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

Hi Nem,

Thank you, I have written a letter which I will copy and paste here. Do you think it is ok or do I need to add/remove anything?



Dear Sir/Madam,

RE: Claim Number: *************

I write in regards to the General Form of Judgement or Order dated 12^th May 2016, that I have received today.

Due to circumstances which I will try to explain as best I can below I apologise unreservedly but I will not be able to attend the hearing dated 2^nd June 2016 at 12pm.

I am housebound. I suffer with fibromyalgia, Joint Hypermobility Syndrome, Early onset osteo- arthritis, severe Irritable Bowel Syndrome, psoriasis and various mental health problems, including, severe depression, agoraphobia, social phobia, panic attacks and anxiety, obsessive compulsive disorder and post traumatic stress disorder. My husband cares for me and usually deals with all my problems.

I very rarely leave the house and when I do it’s only on a familiar route to the hospital, I don’t go anywhere else and haven’t done so in many years.

I also care full time for my mother who I live with. She is seriously chronically ill with heart failure, COPD, kidney disease, advanced osteo-arthritis and is an insulin dependent diabetic. She requires 24 hour care for absolutely everything, which my husband and I provide.

I have contacted Lowell regarding this case (please find attached letter). I had asked for a copy of the Credit Agreement and any repayment details but I got no documentation from them.

I don’t remember taking this account out and I don’t believe any payments have been made on the account they are talking about and especially not in the past 6 years, which I believe would make this Statute Barred in any event. I have worked back and I know no payments have been made. My mother nearly died in my arms at the beginning of 2010, she went onto life support and I subsequently had a nervous breakdown which resulted in the post traumatic stress disorder and other mental health problems developed. No repayments on anything were made in 2010 until my husband took over paying various things for me, which didn’t include Lowell or Shop Direct.

I am in receipt of benefits, namely, income support and disability living allowance. My husband doesn’t work as he cares for both myself and my mother.

The strain of this being taken to court has made my conditions a lot worse and I have explained this to Lowell, please see the attached letter. My panic attacks are constant (multiple times a day), I am not sleeping, my depression is causing suicidal thoughts again and my physical health is suffering. I am in the middle of a massive flare up and have been bed ridden for the past couple of weeks. My father has also been diagnosed with a terminal lung disease relating to asbestos exposure and alongside my mother being so ill and my own ill health I don't feel I can take much more.

I take various medications including Propranolol (anxiety), Mirtazapine (depression), Gabapentine (nerve blocker) Co-Codamol (pain relief), Tramadol (pain relief) and Arcoxia (pain relief).


I would be grateful if this letter explaining my circumstances could be shown to District Judge M*******x.

Yours sincerely

[nemesis45]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

Hi Nem,

Thank you, I have written a letter which I will copy and paste here. Do you think it is ok or do I need to add/remove anything?



Dear Sir/Madam,

RE: Claim Number: *************

I write in regards to the General Form of Judgement or Order dated 12^th May 2016, that I have received today.

Due to circumstances which I will try to explain as best I can below I apologise unreservedly but I will not be able to attend the hearing dated 2^nd June 2016 at 12pm.

I am housebound. I suffer with fibromyalgia, Joint Hypermobility Syndrome, Early onset osteo- arthritis, severe Irritable Bowel Syndrome, psoriasis and various mental health problems, including, severe depression, agoraphobia, social phobia, panic attacks and anxiety, obsessive compulsive disorder and post traumatic stress disorder. My husband cares for me and usually deals with all my problems.

I very rarely leave the house and when I do it’s only on a familiar route to the hospital, I don’t go anywhere else and haven’t done so in many years.

I also care full time for my mother who I live with. She is seriously chronically ill with heart failure, COPD, kidney disease, advanced osteo-arthritis and is an insulin dependent diabetic. She requires 24 hour care for absolutely everything, which my husband and I provide.

I have contacted Lowell regarding this case (please find attached letter). I had asked for a copy of the Credit Agreement and any repayment details but I got no documentation from them.

I don’t remember taking this account out and I don’t believe any payments have been made on the account they are talking about and especially not in the past 6 years, which I believe would make this Statute Barred in any event. I have worked back and I know no payments have been made. My mother nearly died in my arms at the beginning of 2010, she went onto life support and I subsequently had a nervous breakdown which resulted in the post traumatic stress disorder and other mental health problems developed. No repayments on anything were made in 2010 until my husband took over paying various things for me, which didn’t include Lowell or Shop Direct.

I am in receipt of benefits, namely, income support and disability living allowance. My husband doesn’t work as he cares for both myself and my mother.

The strain of this being taken to court has made my conditions a lot worse and I have explained this to Lowell, please see the attached letter. My panic attacks are constant (multiple times a day), I am not sleeping, my depression is causing suicidal thoughts again and my physical health is suffering. I am in the middle of a massive flare up and have been bed ridden for the past couple of weeks. My father has also been diagnosed with a terminal lung disease relating to asbestos exposure and alongside my mother being so ill and my own ill health I don't feel I can take much more.

I take various medications including Propranolol (anxiety), Mirtazapine (depression), Gabapentine (nerve blocker) Co-Codamol (pain relief), Tramadol (pain relief) and Arcoxia (pain relief).


I would be grateful if this letter explaining my circumstances could be shown to District Judge M*******x.

Yours sincerely

I have to say with what you are suffering and caring for your mother you have expressed very clearly Change Nothing !!

nem

[NeedingHelp15]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

Thanks Nem for all your help. I will let you know what happens next. Danni

[nemesis45]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

Thanks Nem for all your help. I will let you know what happens next. Danni

If you need me just tag [MENTION=55034]nemesis45[/MENTION]

nem

[NeedingHelp15]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

[MENTION=55034]nemesis45[/MENTION]

Hi Nem, just a quick question, how do I know the outcome of the hearing on 2nd June if I don't go to the court? Is there anyway I can find out? Thanks, Danni