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I have received a COunty Court Claim form from Lowells Solicitors acting for JD Williams. this relates to an account opened in 2001, defaulted in 2012 and passed to Lowells. There has been no payment since November 2011 and the debt would be statute barred in November of this year. I have followed the advice on the forum, acknowledged the debt and filed the CPR letter requesting details. I know that there is no signed agreement from 2001, as I have previously asked for copies, and was sent a "re-constituted" agreement which has no signature, making the debt unenforceable in my opinion. I have now waited 10 days since sending the letter and Lowells acknowledged it by email and have said the client will provide the paperwork, which they have not. I have until the 8th to file my defence, how do the collective minds advise I proceed?
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Re: Lowells Solicitors.
Anyone help please? -
Re: Lowells Solicitors.
[MENTION=87380]Diana M[/MENTION]
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Defence Example | adjust to suit i.e. no response to request for CPR31.14 also request contents of N1 listed there inComment
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Re: Lowells Solicitors.
When you say you previously asked for copies, do you mean you have previously sent a s.77-79 CCA Request including the £1 statutory fee to Lowells or the original creditor ?Originally posted by steve811 View Post
If they have not complied with that request then you don't need to send another (assuming you've kept all the relevant correspondence).
DiComment
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Re: Lowells Solicitors.
In order to get help with filing your Defence you need to post up (type out) the Particulars of Claim (word for word) removing anything which could identify you.Originally posted by steve811 View Post
What documents did you ask for in your CPR 31.14 Request?
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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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