Won case against Next but Lowell are taking me to court

[ni-11]

Hello, 5 years ago Next took me to court for a debt and I won. Numerous solicitors have sent me letters about the same debt and I have always ignored since their case was thrown out of court. Today however I received a letter from Lowell which is a claim form. I don't know what to do, whether to fill the form or not. I have been told to do it and not to do it. I worry that if I don't acknowledge their letter they may use that against me to strengthen their case. Can they take me to court for the same debt?

[Diana M]

Re: Won case against Next but Lowell are taking me to court

5 years ago Next took me to court for a debt and I won. Numerous solicitors have sent me letters about the same debt and I have always ignored since their case was thrown out of court. Today however I received a letter from Lowell which is a claim form. I don't know what to do, whether to fill the form or not. I have been told to do it and not to do it. I worry that if I don't acknowledge their letter they may use that against me to strengthen their case. Can they take me to court for the same debt?

Can you clarify how you "won" the court claim Next brought against you 5 years ago.

Was the Claim dismissed at Trial. Or was the Claim Discontinued by Next before or after you filed a Defence?

When did you last pay anything towards the debt?

If you've received a County Court Summons from Lowells today can you post up the details so the Beagles can guide you on what your next steps will be.

Di

[ni-11]

Re: Won case against Next but Lowell are taking me to court

Yes, it was dismissed at trial as they couldn't produce a signed by me credit agreement. The last payment was around 5 years ago before it went to court. I am not sure of the dates and can't find any dates of the court case as I thought it was over. It is a claim form that I have received, one that has an acknowledgment of service with it

[Diana M]

Re: Won case against Next but Lowell are taking me to court

it was dismissed at trial as they couldn't produce a signed by me credit agreement. The last payment was around 5 years ago before it went to court. I am not sure of the dates and can't find any dates of the court case as I thought it was over. It is a claim form that I have received, one that has an acknowledgment of service with it

I've not seen any paperwork but if the original claim by Next was dismissed at Trial then in theory that was the end of the matter (depending on the terms of the court Order and if there was any further expenditure on the account etc).

You've got a new claim so common sense says you should go online and file a Defence which says you intend to defend all of the claim if it bears any resemblance to the original claim .

Di

[ni-11]

Re: Won case against Next but Lowell are taking me to court

thank you. Do I explain in this letter that it already has been to court and the outcome?

- - - Updated - - -

Next never removed the default on my credit file either so maybe this is why this is happening again

[Diana M]

Re: Won case against Next but Lowell are taking me to court

Do I explain in this letter that it already has been to court and the outcome?

Have you received a "letter" from Lowells or have you received a county court summons as per your post #1?

Today however I received a letter from Lowell which is a claim form.

Di

[ni-11]

Re: Won case against Next but Lowell are taking me to court

Yes it is a claim form

- - - Updated - - -

I apologise if I am not being very clear. I am quite stressed at the moment

[Diana M]

Re: Won case against Next but Lowell are taking me to court

I apologise if I am not being very clear. I am quite stressed at the moment

Of course you're feeling stressed at the moment.

You have every reason to believe this issue was over and dusted five years ago.

Nobody likes going to court except lawyers.

Di

[ni-11]

Re: Won case against Next but Lowell are taking me to court

I have now found the first court case claim number. The trial was on July 2012. Should I put the county court claim number as proof it has already gone to court when I write why I am defending this newer claim?

[Amethyst]

Re: Won case against Next but Lowell are taking me to court

Did you attend a hearing with the first case? and submitted a defence? Sorry I know it was a few years back but try remember what you can. Was it Next themselves brought the original case against you or a DCA ? If this new claim is on the same cause of action ( same debt that is) then they will have an uphill battle.

For now just acknowledge the claim with intend to defend in full, then we'll give you a hand writing to the current claimants to inform them that the case has already been to court and lost and that you intend to apply to strike it out, and in the interest of saving themselves time and cost they should just discontinue now - [MENTION=87380]Diana M[/MENTION] ( just seeing if you think that sounds like a plan )

[ni-11]

Re: Won case against Next but Lowell are taking me to court

Yes I attended the hearing and submitted defence. It was Next Retail limited and Howard Cohen and co solicitors. They have now added a bit more to the debt, for example 8% interest. Thank you I will do that. Do I have to say why I am defending it online?

[Amethyst]

Re: Won case against Next but Lowell are taking me to court

I bet they have, Lowell will have no idea it's already been to court - Next shouldn't have sold it on to them but Lowell can take that up with Next.

Just tick the intend to defend in full box - no need to give any reasons or anything - it's simply to give you that extra time ( 28 days rather than 14) so you can try sort it with Lowell without having to spend out on an application or submit a defence.

[ni-11]

Re: Won case against Next but Lowell are taking me to court

Thank you very very much. I will do it first thing in the morning and I will let you know

[Amethyst]

Re: Won case against Next but Lowell are taking me to court

Okay, and try not to be stressing or worrying about this, I know it's easy said from this end, but seriously - don't worry ! xxxx

[ni-11]

Re: Won case against Next but Lowell are taking me to court

Ok I'll try. I am so glad I was recommended your site. Thank you again