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Court paper work received, how long to pay

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  • Court paper work received, how long to pay

    Hi all

    i received paper work from the county court on the 14th of September. Today I acknowledged it as per your guide lines.

    Ive been working really hard to get my credit score higher so a CCJ now would ruin it. I am happy to pay the debt but can anyone please tell me how long I have before it'll appear on my credit file?

    I have some money set aside but I don't have enough and I don't get paid til the 10th.

    ive tried my best to get Lowell to let me make a payment of £300 now and then to pay the balance by December if they stop the court action but they're having none of it

    as I said I do owe the money and it's not statues barred so any advice would be greatly appreciated

    thank you
    Tags: None

  • #2
    Re: Court paper work received, how long to pay

    To be honest, if you defend the case now it won't get to a hearing till December ( well it's very unlikely) and you can just pay it off then if you so choose, ( so long as you pay within 28 days of the judgment it doesn't hit your credit file Sooooooo, you may as well defend it as a time stall, and you never know, you might findyou have a bonafide defence or they might just discontinue if they don't have any documents xxx

    So follow the First Steps post, and tell us a little about what the claim is for, who the claimant is etc.

    Timescale wise

    Your defence is due by about 14th October.

    You could, after sending CPR and CCA requests, ask them to agree to a formal extension under CPR 15.5, which would take you to 12th November, put your defence in, which they then have 28 days to respond to... already mid December... then possibly mediation, and allocation to track, and we're looking at Feb likely for any hearing. If you don't get the extension agreed then it could be earlier but very unlikely before December

    Costs wouldn't increase until hearing fees are paid about 14 days before any hearing.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: Court paper work received, how long to pay

      Thanks for the speedy reply.

      can I just double check that if I do defend the claim that nothing will appear on my credit file?

      I was was going to make a payment of £300 to Lowell but I'm guessing that isn't the best idea lol

      although I can get the money together by the 10th of October it'll leave me broke until getting paid in November. The longer I can drag it out without it becoming a huge hustle the better.

      i will pop my letter on here tomorrow

      thank you

      Comment


      • #4
        Re: Court paper work received, how long to pay

        Hi
        I imagine there is already a default on your credit file or has that fallen off?

        If you do make any offers to Lowell’s please please do head it ‘without prejudice’

        Can you tell us a little more about what the debt is, is it a credit card, l;own, catalogue, something else
        Roughly how much is it for
        When was the account opened?

        Nothing new will appear on your credit file unless you get a CCJ and do not pay it within 28 days.

        I know some people believe you ‘should pay your debts’ but I believe that these big financial firms should make sure everything is legal and above board before lending and if its not then that is their problem and not yours

        Comment


        • #5
          Re: Court paper work received, how long to pay

          Hi

          the original debt was with 02 its now gone up to £870 with the court costs. I'm not 100% when it was taken out but I'm pretty sure it was 2011.

          I dont think its on my credit file anymore but I will double check this. I don't have the paper work to hand at the moment.

          ill post the details of the letter tomorrow.

          thanks again for the help guys you've e made me feel a lot more relaxed

          Comment


          • #6
            Re: Court paper work received, how long to pay

            Originally posted by Charliemac View Post
            I've tried my best to get Lowell to let me make a payment of £300 now and then to pay the balance by December if they stop the court action but they're having none of it

            as I said I do owe the money and it's not statues barred

            Statute Barred may not be your only reason to defend this claim.

            Di

            Comment


            • #7
              Re: Court paper work received, how long to pay

              Originally posted by Charliemac View Post
              Hi

              the original debt was with 02 its now gone up to £870 with the court costs. I'm not 100% when it was taken out but I'm pretty sure it was 2011.

              I dont think its on my credit file anymore but I will double check this. I don't have the paper work to hand at the moment.

              ill post the details of the letter tomorrow.

              thanks again for the help guys you've e made me feel a lot more relaxed
              I might be inclined to do a | Subject Access Request to O2 for details on the original contract and terms and transaction lists so you can see how the amount is made up.

              Being a mobile account it won't be covered by the CCA for the airtime/data side of things, however if you also had a handset on credit terms then that would require a consumer credit agreement so a CCA Request Letter would be worthwhile.

              The CPR 31.14 Request Letter can ask for documents mentioned in the particulars of claim printed on the front of the claim form. Normally contract, default notice and notice of assignment.
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #8
                Re: Court paper work received, how long to pay

                Can I just double check that I send both the CCA request and the CPR 31.14 directly to lowell?

                i have a few days off so will sort this today, also do post offices still do £1 postal orders?

                ill upload my court document now

                thanks

                Comment


                • #9
                  Re: Court paper work received, how long to pay

                  Are Lowell Portfolio the Claimant and Lowell Solicitors the 'address for documents' ? (I'll have a look at the claim form when you post it) but basically the CCA request goes to the Claimant and the CPR request to the 'address for docs'( usually the sols )
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #10
                    Re: Court paper work received, how long to pay

                    I hope this works I've tried attatching a photo.

                    yes Amethyst the claimant is Lowell portfolio LTD and the address to send documents to is Lowell solicitors LTD so I think I sent both letters to Lowell

                    hoping there is an image attatched

                    thank you
                    Attached Files
                    Last edited by Kati; 26th September 2017, 09:34:AM.

                    Comment


                    • #11
                      Re: Court paper work received, how long to pay

                      Well, yes but CCA request to Lowell Portfolio and CPR request to Lowell Solicitors
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #12
                        Re: Court paper work received, how long to pay

                        Me again,

                        im about to write the CPR request but I don't understand what documents I need to ask for. Could someone please look at my uploaded photo and tell me what I need to ask for.

                        Thank you

                        Comment


                        • #13
                          Re: Court paper work received, how long to pay

                          Originally posted by Charliemac View Post
                          Me again,

                          im about to write the CPR request but I don't understand what documents I need to ask for. Could someone please look at my uploaded photo and tell me what I need to ask for.

                          Thank you
                          Agreement and Notice of Assignment ... they're the only two docs mentioned as far as I can see xx

                          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                          It doesn't matter where your journey begins, so long as you begin it...

                          recte agens confido

                          ~~~~~

                          Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                          I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                          But please include a link to your thread so I know who you are.

                          Specialist advice can be sought via our sister site JustBeagle

                          Comment


                          • #14
                            Re: Court paper work received, how long to pay

                            I have just completed the CCA and CPR paperwork.
                            All I need to do is get a postal order from the post later and I'll send them when I'm there.

                            can I ask what the next steps will now be?
                            do I need to communicate anything with the courts or will it be down to Lowell because the ball is now in their court?

                            thanks so much for the advice I was ready to pay but your words inspired me to fight!

                            Comment


                            • #15
                              Re: Court paper work received, how long to pay

                              Originally posted by Charliemac View Post
                              I have just completed the CCA and CPR paperwork.
                              All I need to do is get a postal order from the post later and I'll send them when I'm there.

                              can I ask what the next steps will now be?
                              do I need to communicate anything with the courts or will it be down to Lowell because the ball is now in their court?

                              thanks so much for the advice I was ready to pay but your words inspired me to fight!
                              if you've acknowledged service, then a defence (if you decide to enter one) is due 33 days after the issue date on the claim form ... it's basically a waiting game for now (keep an eye on the timescales tho' ... you'll get lots of help before a defence is due) xx
                              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                              It doesn't matter where your journey begins, so long as you begin it...

                              recte agens confido

                              ~~~~~

                              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                              I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                              But please include a link to your thread so I know who you are.

                              Specialist advice can be sought via our sister site JustBeagle

                              Comment

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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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