Lowell threat of court action

[Svp80]

Please help. I've received a letter today from Lowell threatening to take me to court. It's an old debt from around covid time. It's 2 claims in 1, one is BT for £65 and a larger catalogue one of £1171.90.
I've stupidly ignored all contact with lowell.
the debts started because I had a really bad year of depression, then covid hit. I buried my head in the sand.
they have sent me what looks like court documents, CIVIL NATIONAL BUSINESS CENTRE.
I really cant face being taken to court. Where do i stand with this please?
would i be best to contact them and set up a payment plan? Will they really take me to court if I ignore them?
I wouldn't be able to offer much. I live paycheck to paycheck, barely keeping our heads above water. I've worked so hard to get caught up with the likes of council tax and utilities. I'm paying way above on.all those to repay debts with them.
please give me some advise. Thank you.

[echat11]

Hi SVP80

Welcome to LB

Try not to worry, stay calm. The most important thing is to Acknowledge Service of the Claim.
Gives you some thinking time.

Fill in the following, copy / paste back on to this thread without personal details:

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:


a) First Acknowledge Service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to the original creditors, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

c) Send a CCA requests to Lowell, they have 12 days to provide a copy of the agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

d) Send a CPR 31.14 request to their Solicitors, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

https://legalbeagles.info/library/gu...-court-claims/

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

[Svp80]

Thank you so much. Yes I will do all this.
so doing this will I be preparing to make payments? Or is this just to stop it going to court? Im sorry its all so confusing to me.

[echat11]

Thank you so much. Yes I will do all this.
so doing this will I be preparing to make payments? Or is this just to stop it going to court? Im sorry its all so confusing to me.

Try not to worry. They've already started proceedings.
You need to see if they have the correct documents to make the claim against you.
If they have, then you can may have the opportunity of Mediation, where you may
be about to settle the claim i.e. negotiate acceptable monthly payments. Then
there won't the need for a Hearing. The matter is settled.

[Svp80]

Received a claim? Yes/No: yes Issue Date: 21/6/19 & 26/5/23
Have you Acknowledged the Claim?: no
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) 1300
Claimant’s Name: lowell
Solicitors Firm: overdales
Original Creditor: jd williams & bt
Original Debt (eg. Credit card/Loan/Overdraft) : catalogue and BT a charge for not sending equipment back after ending service.
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): ???
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): no contact
List any letters you have sent (eg: CCA/ CPR ): none
Any Other Information or Background Details:

[Svp80]

Ah OK fab, I honestly panic so much and I know it's my own fault for burying my head. Thank you so much for help. I've filled out the acknowledgement of service and will post recorded delivery tomorrow
thank you again

[Svp80]

Hi, so i followed the steps a,b,c and haven't received any response. I've had no further contact from lowell. Or from the original creditors. I don't know what to do now?

[echat11]

Hi, so i followed the steps a,b,c and haven't received any response. I've had no further contact from lowell. Or from the original creditors. I don't know what to do now?

You need to file a Defence, although it looks like you've missed the 'deadline' and may get a Default judgement against you.

What is the date on the Court claim?

e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

https://legalbeagles.info/library/gu...-court-claims/

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.