Lowell

[svalentine60]

Hi I hope someone can advise me,

Up until 2014 i was working and running my own business. My daughter suddenly died and everything tumbled. I am now on benefits and highest care disability and no longer have the money i used to when working. I still have the debts though. I have been waiting for someone to give me a county court judgement so that i can go to the county court to take out an admin order and be able to pay one small payment to the court for all debts and try to get myself out of this hole. Most of my debts are catalogues and have been taken over by companies like lowell and capcha. I also owe Jacamo.

I have received a form today from Lowell which looks like a court form but the return address is Lowell. I had previously asked some of the debt collectors for a signed credit agreement. They sent me one but it wasn't signed. They said that no physically signing the form is no longer relevant to online agreements etc. I do owe the money so am not disputing it. I have been really unwell since my daughter died and have just ignored everything.

The form has the same layout as a court form.
In the county court business centre
Claiment Lowell, Leeds.
Address for documents and payments: Lowell solicitors, Northampton

It has a response back and acknowledgement of service plus an admission and defence form. However my surname has changed so it has my old surname.

Could someone tell me if this is a genuine form from the court or is it from Lowell and what it means? If it is genuine court paper do i just ignore it so that i then receive a ccj and can then go to my county court for an admin order. You need one ccj to be able to take out the order. I cannot keep up with my debts anymore but my big fear is bailiffs at my door.
Thanks for any help.

[MIKE770]

Re: Lowell

post up what they sent you - cover personal details so we can see what they sent

[svalentine60]

Re: Lowell

Hi, Have added them. Sorry they might not be very clear. Have added first page and defence page but there are also pages for me to fill in for money i get and pay out etc.

[MIKE770]

Re: Lowell

ok actual claim form

[svalentine60]

Re: Lowell

Thank you. So if i want an admin order but need one ccj to get one do I send the form back or not reply and wait for a ccj to come? I was just surprised that all the forms etc reply address is to lowell not the court.

[charitynjw]

Re: Lowell

Hi & welcome to LB.

Imho it is better to respond to the claim than to get a default judgment. (CCJ).
That way, even if you did decide to negotiate, yo could be doing so from a far stronger position.
If you saddle yourself with a CCJ, you are then on the back foot.

The claim issue date is 19th May.....that gives you until 7th June to decide whether or not to file an acknowledgement with the court.

[svalentine60]

Re: Lowell

I have so many debts and really need an admin order. The only way to begin that is to get a ccj. Else even if i manage a payment plan with them there are others that will follow and i cannot pay all of them.

[MIKE770]

Re: Lowell

1st thigings 1st - have sent CCA1974 request to companies i.e. credit card or loan companies?

details needed for each to whom owed./ last payment/default etc never jump the gun?


have you acknowledged the cliam and state defend all or what do you intend to do?

- - - Updated - - -

Thank you. So if i want an admin order but need one ccj to get one do I send the form back or not reply and wait for a ccj to come? I was just surprised that all the forms etc reply address is to lowell not the court.

misreading contents of the form lowells to pay up or court to continue /process

[svalentine60]

Re: Lowell

I originally sent the form asking for the signed credit agreement. I did that with all of them. I got back a credit agreement with my name and details typed in. I never signed one because it was all done online and they say the law changed and me not signing an online agreement means nothing. I made a deal with jacamo to pay £5 a month forever. They say i owe them 1300. They had pushed it up to 2500 with interest but took that off when i made the plan which I still pay. They have said though that should i not pay for any reason the 1200 interest will be added to the debt in one go.

So is this a form from the court itself? I don't wish to speak with Lowell at all. They are aware of whats happened and aware of my circumstances and like Jacamo have zero interest. I could pay £5 to them as well and then the others and it all adds up. I live on £80 a week and half of that is utilities. I simply cannot pay. I owe it and can't pretend I don't so not sure what else to do but simply ignore and wait for the proper court letter. Then i can go to my county court for free and take out an admin order for up to £5000 of debt. I then pay the court once a month and they divide up between those I owe.

My one fear is bailiffs turning up and forcing their way into my home. I do owe the money but was asking is this a form from the court itself or simply from lowell? I am not giving all financial info if it is from Lowell. Will the next step be from the court itself with a CCJ?

[MIKE770]

Re: Lowell

actual court form do as intstructed sign in to MCOL top of form must be registration number and password to use, then follow instructions and then tick defend all then submit then let us know look thru first steps gives you an idea there is a time limit you have to stick to from courts not lowells

[svalentine60]

Re: Lowell

I can't defend it i owe the money. They can prove i ordered items and didn't pay for all of them. There are no grounds for me to defend all.

[MIKE770]

Re: Lowell

@Amethist

[pt2537]

Re: Lowell

I can't defend it i owe the money. They can prove i ordered items and didn't pay for all of them. There are no grounds for me to defend all.

Many of the people on here think that to begin with, but the good news is, its not always true.

Can i ask when you opened the shop direct account as thats what i assume this is? i dont need the exact date, just the approx month and year

And can i ask, how did you open the account? over the phone?

- - - Updated - - -

I can't defend it i owe the money. They can prove i ordered items and didn't pay for all of them. There are no grounds for me to defend all.

As mike says, tick defend all at this stage

[MIKE770]

Re: Lowell

Thanks Pt

[svalentine60]

Re: Lowell

Ok I'll do that and wait and see what happens next. thank you