Looking for help with LOWELL Claim form, what next?

[Guest]

Hi looking for some help at the stage im at with lowell solicitors.

Received a claim form as per Lowell portfolio I LTD.

Dated 19/11/2020

Original debt from Vanquis Bank LTD defaulted 19/06/2015

Lowell Claim £2100.00

Requested & received orginal documentation & agreement.

Just looking for some advise as to the best foot forward now. Im not in any position to be paying amount as self employed suffering like many others in the pandemic.

Thanks for any help in advance.

[Celestine]

Hi and welcome
So you received claim shortly after 19/11? You immediately sent CPR and CCA requests and got everything back in perfect order? That was very quick?!?
Ironically, their quick compliance leaves you with little arguments in the standard CCA based defence (which is legally the strongest defence apart from it being time barred)
what’s happened since default in 2015?
Debt Purchasers like Lowell very often issue claims shortly before the account would become time barred, in your case sometime next summer would have got you over the line, but by issuing claim they have ‘stopped the clock’.
Without a defence, you will get a default judgment and owe the whole sum immediately or get a CCJ. It may be safest to call Lowell, fill in an income/expenditure form and start reducing this debt with small monthly payments. Try not to worry, they are duty bound to ensure the plan is affordable, it may even have to be token payments?

[cjhowells]

Hi there ive registered now so i can reply, BTW thanks for helping very good site! Yes i was aware im close to the 6 year mark it does seem theve come out of the woodwork to claim.

I received the CCA on the 3rd of october then the claim form on 19 of Nov. Ive not sent a CPR request ( not 100% sure what that is/does).

Ive not paid or contacted Lowell since 2015.

Many thanks

[cjhowells]

Hi and welcome
So you received claim shortly after 19/11? You immediately sent CPR and CCA requests and got everything back in perfect order? That was very quick?!?
Ironically, their quick compliance leaves you with little arguments in the standard CCA based defence (which is legally the strongest defence apart from it being time barred)
what’s happened since default in 2015?
Debt Purchasers like Lowell very often issue claims shortly before the account would become time barred, in your case sometime next summer would have got you over the line, but by issuing claim they have ‘stopped the clock’.
Without a defence, you will get a default judgment and owe the whole sum immediately or get a CCJ. It may be safest to call Lowell, fill in an income/expenditure form and start reducing this debt with small monthly payments. Try not to worry, they are duty bound to ensure the plan is affordable, it may even have to be token payments?

Hi there ive registered now so i can reply, BTW thanks for helping very good site! Yes i was aware im close to the 6 year mark it does seem theve come out of the woodwork to claim.

I received the CCA on the 3rd of october then the claim form on 19 of Nov. Ive not sent a CPR request ( not 100% sure what that is/does).

Ive not paid or contacted Lowell since 2015.

Many thanks