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County Court Claim & Lowell

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  • County Court Claim & Lowell

    Hi All


    I'm after some help and advice. I had a shop direct account. All was going well until I lost work as I was previously self employed an so didn't keep up with the payments. The account has been passed to Lowell who have now served county court papers on me. Whilst I will admit I haven't made any contact with them for a combination of reasons, no money, dealing with priority debts and being pre occupied and dealing with my 6yr old sons new long term illness, which he was only diagnosed with in Jan.

    My questions I now am back in full time employment which also was in January, is it too late to enter in to a payment agreement with them and explain my circumstances?

    Can I stop the court claim going any further?
    Tags: None

  • #2
    Re: County Court Claim & Lowell

    Originally posted by sappo81 View Post
    Hi All


    I'm after some help and advice. I had a shop direct account. All was going well until I lost work as I was previously self employed an so didn't keep up with the payments. The account has been passed to Lowell who have now served county court papers on me. Whilst I will admit I haven't made any contact with them for a combination of reasons, no money, dealing with priority debts and being pre occupied and dealing with my 6yr old sons new long term illness, which he was only diagnosed with in Jan.

    My questions I now am back in full time employment which also was in January, is it too late to enter in to a payment agreement with them and explain my circumstances?

    Can I stop the court claim going any further?
    Hi there

    Ok well the answer to your question is yes, you can do a deal with them to settle the case if you wish, indeed sometimes taking a commercial view of a matter is better than fighting a case all the way to trial, especially if its going to run up costs and leave you with sleepless nights.

    There is nothing to stop you negotiating with Lowells, the keyt thing to do at this stage is make sure you file the acknowledgment of service advising you intend to defend all of the claim, this buys you an extra 14 days on top of the 14 you have on issue of the claim, that should allow you enough time to enter into without prejudice correspondence with them.

    Can i ask how much they are seeking in the claim please?
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

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    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

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    • #3
      Re: County Court Claim & Lowell

      Hi

      Thanks for your prompt response. It's for £1400.

      However I've since done some further reading the claim form is not on blue paper and it almost looks photocopied although came from Northampton. How do I find out if it is a genuine claim form?

      Comment


      • #4
        Re: County Court Claim & Lowell

        Originally posted by sappo81 View Post
        Hi

        Thanks for your prompt response. It's for £1400.

        However I've since done some further reading the claim form is not on blue paper and it almost looks photocopied although came from Northampton. How do I find out if it is a genuine claim form?
        log in to MCOL and try and acknowledge the claim ... if the form is genuine the claim number and password will work 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

        ~~~~~

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