Lowell

[pt2537]

Re: Lowell

Let us know when and how the account was opened?

Also have you been receiving statements? from Lowells? and also, have you received a Default notice either from the original creditor or from Lowells?

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

[svalentine60]

Re: Lowell

The form says online

If you dispute the whole claim or wish to make a claim (a counterclaim) against the claimant, complete the defence form.

I have clicked defend and now it has a big box asking me what my defence is. I have nothing to put in because there is no defence. I'm confused. It also says if i defend it will be transferred to an appropriate court.

- - - Updated - - -

Do you dispute the claim because you have already paid it? * No, for other reasons
Yes, I paid the claimant

Please complete all fields marked *

Please state your defence in a maximum of 122 lines in the box below.*

122
Lines Remaining

[pt2537]

Re: Lowell

https://formfinder.hmctsformfinder.j...k/n009-eng.pdf

Go to that form, print it off, fill it in, ticking i intend to defend all of this claim

post it to the CCBC whose address will be on the claim form. Easiest way to do it or you could scan the form and email it too to ccbc@hmcts.gsi.gov.uk

[warwick65]

Re: Lowell

Hi
While I am not suggesting this, you seem to think you need a ccj before you enter some formal debt arrangement such as a DRO or bankruptcy. This is not the case although you do need to get the order authorised by the court.
[MENTION=48934]Debt Camel[/MENTION] may be able to help more.

As for this one claim
As PT says when was it opened, about what month and what year

It is not always the case , even with online agreements that they can force you to pay up, as long as you defend

[svalentine60]

Re: Lowell

thank you

[svalentine60]

Re: Lowell

There is something called an administration order that is free to do via a county court. You do however have to have debts under 5000 and at least one CCJ. They then set a payment you pay the court per month that you can afford. it's usually very low. Then after a couple of years the debts are usually lowered to 5p in the pound. I've been in and have a form downloaded to fill out. But you do need the CCJ. This isn't a debt relief order or bankruptcy. It is literally called an 'administration order'.

I was working at the time so the catalogues opened around 2013. I am grateful for the help. But on the form you have to answer what grounds you are defending on. I have no grounds to answer that.

Even if i do manage it here at some point soon all the others are going to follow suit. If i could defend all the catalogue things as they happen that would be great but what reason can i write for the defence?

[warwick65]

Re: Lowell

Thanks
You learn something new every day

The way you defend is by making the person who is taking you to court prove they have the right to do so. These debts have been sold on , or that is what they want you to believe. Sometimes that is not the case and they do not have the right to take you to court . Also, before they take court action there are somethings that they should do , issue a compliant default notice, if you send a CCA request with the fee , they need to provide certain info , but not as you found out necessarily a signed agreement.
There are all sorts of things, some I know about , some I don't

There is also a thing called a tomlin order where you pay off the debt without getting a ccj, that repayment would be based on what you could truly afford

Hope that helps

[pt2537]

Re: Lowell

Please do bear in mind its not about owing the money, its about whether the debt is legally enforceable which is an entirely different problem

[svalentine60]

Re: Lowell

Thank you for the help. So if i decide to defend what do i write in the box that says i have to explain my defence? I can't go any further until I've done that. I'm grateful for the help and will follow what you say. I'm just confused as to what the steps are.

[warwick65]

Re: Lowell

First step is to acknowledge the claim and say you will defend all.

Then follow the the steps of a fresh cca request to the claimant
A cpr 31.14 request to the so.icotors
a SAR to the original creditor

once acknowledged you have 33 days FROM the date on the claim form to enter your defence.

[charitynjw]

Re: Lowell

what do i write in the box that says i have to explain my defence

You do not put anything in it. Not a dickie-bird.

[svalentine60]

Re: Lowell

It has a star on the box and doesn't let you move on if you don't write in it

[Debt Camel]

Re: Lowell

Can I just ask about your other debts? They have to total less than £5000 is an administration order is going to be possible - do they?

Also are you buying or renting? If you are renting, there may be a much better solution than an administration order - a Debt Relief Order, see https://debtcamel.co.uk/debt-options/dro/ .

[svalentine60]

Re: Lowell

Yes they are less than five thousand. All are catalogue debts which i could easily afford when i had my own business. Suddenly found myself on benefits and cannot afford them anymore. So am waiting now for Lowell or one of the others to take out a ccj against me so i can go right to my county court and take out the order. Probably have debts of around 4, 600