Will Lowell solicitors really take me to court?

[Flowerstone]

Hello there,
This is my first post on the forum so I apologise if I do something wrong.
So I had this 3 mibile contract a few years ago. I stopped paying and it eventually was sold to Lowell (apparently). There might have been another debt collecting agency chasing me for it first but I don't remember.

As with most letters and phone calls I always ignored them until recently I received a county court claim from the Northampton county court business centre saying that Lowell are making a claim against me.

I have acknowledged the service to give myself time to research and find out what to do.
I wasn't sure how old the debt actually was so I sent them the statue barred letter asking for evidence that the debt is not statue barred. They replied without any evidence but just a letter in which they said what date the debt went into default saying that therefore it is not statue barred. So pretty much they just said it but didn't prove it.

I was running out of time to defend the claim. I sent them the CPR 18 request and requested copy of the agreement under Consumer Credit act 1974 and added £1 fee as postal order. They received them. I then had about a week to file my defence but I was going on holiday in a few days so I wanted to file it before going away as the deadline was while I was away and couldn't rely on WIFI over there to do it.
So I filed my defence online in which I said that I have sent them the statue barred letter and they didn't really provide a valid evidence. Then I said about the two other requests I sent and that I was expecting a reply. I've said other things in my defence as well. I have also requested information about the account from 3 mobile. Not sure if I did that correctly. I used a template letter. I put that in my defence as well.

I received a letter from court in which they confirmed that they have my defence.
By the way. All this time Lowell has been calling me at least a few times a week which I also stated in my defence. They called me even before I filed my defence. One time I spoke to them and the woman denied these calls taking place and tried to push me to complete the admission form. This was before I acknowledged the service though.
So now 3 weeks after I filed my defence I received a letter from Lowell with a questionnaire attached to it. I assume it was what the court would have send to the as it was filled by them.
In the letter they say their client is still happy to work things out without the court hearing if I offer some kind of way of paying the debt either in full or monthly and court charges would be avoided.
My question is, if they ignored my requests, haven't provided the requested evidence and documents, are they still hoping they still bluffing hoping I give in? If they haven't provided evidence does it mean they don't have it and they will give up if I don't confirm the mediation when I receive my papers from court?
Do I have a case against them if I only base my defence on the fact that they haven't provided the evidence?
The debt is just over £300 so what extra charges can I face if I call their bluff and loose in court?
If court says I have to pay them do I still get an option to pay what I can afford every month?
Sorry for a long post but I need some advice as I am getting really nervous about it. Me and my wife live with my mom at the moment and I don't want any bailiffs to turn up at the door taking things that are not mine....I actually don't own anything in the house so could they even take anything if it comes to it?

Anyway thank you for taking the time out of your day to read it. Please someone help.

[jaguarsuk]

Hello there,
This is my first post on the forum so I apologise if I do something wrong.
So I had this 3 mibile contract a few years ago. I stopped paying and it eventually was sold to Lowell (apparently). There might have been another debt collecting agency chasing me for it first but I don't remember.

As with most letters and phone calls I always ignored them until recently I received a county court claim from the Northampton county court business centre saying that Lowell are making a claim against me.

It's not a case of will they, they actually are!

So now 3 weeks after I filed my defence I received a letter from Lowell with a questionnaire attached to it. I assume it was what the court would have send to the as it was filled by them.

Ignore this, Lowell do it to try to turn the screws and scare you into paying up. Wait for the court to send you the N180 Directions Questionnaire and use the link in my signature below to complete it at that time.

1. My question is, if they ignored my requests, haven't provided the requested evidence and documents, are they still hoping they still bluffing hoping I give in?

2.If they haven't provided evidence does it mean they don't have it and they will give up if I don't confirm the mediation when I receive my papers from court?

3. Do I have a case against them if I only base my defence on the fact that they haven't provided the evidence?

4. The debt is just over £300 so what extra charges can I face if I call their bluff and loose in court?

5. If court says I have to pay them do I still get an option to pay what I can afford every month?

6. Sorry for a long post but I need some advice as I am getting really nervous about it. Me and my wife live with my mom at the moment and I don't want any bailiffs to turn up at the door taking things that are not mine....I actually don't own anything in the house so could they even take anything if it comes to it?

1. Unless there was finance attached to the handset then the CCA Request is not relevant and there's no need for them to respond. You should have sent a CPR 31.14 Request to request a copy of the agreement and notice of assignment, did you?

2. They may not have it yet, but they'll be contacting 3 trying to get it if you have asked for and plead the right things in your defence. Send a Subject Access Request Letter to 3 asking for agreement, notice of assignment, history of account and any other information they have of you if you haven't already.

3. Not really because unless there was handset finance you are asking them to provide the wrong things.

4. £25 should already be added to the claim for the issue fee and a further £25 for the hearing fee.

5. You can ask the court order payment by instalment or negotiate with them to pay by instalment.

6. If you agree with them to pay in instalments and pay them then you'll never see the bailiffs. However, if they have to enforce the debt with bailiffs then you mum will have to prove everything that belongs to her to establish what the bailiffs can take, but if she can't then anything she can't prove can be removed.