Court paper received - help please

Stuart81

Hi can someone help me out please I received court papers on Thursday for a claimed debt to Lowell portfolio that was transferred to them from Vodafone in 2014. Now I remember there being something with Vodafone but years and years ago, I've checked my credit file and there's nothing on there relating to this so possibly over 6 years old?

I'm not completely disputing it and if I owe it I'll pay it and don't want any ccj or anything against me but how do I handle this? I guess I need to dispute it online to get the 28 days, then what do I do do I need the credit agreement, payment history details of when the account was open etc etc

Just after some help really on what to do. Got the money to pay it but I'm not just going to hand it over without being sure it's owed.

Thanks in advance,

HappyMJ

If you're disputing any part of the debt then you need to respond to the claim.

If the debt is more than 6 years old and you've not made a payment in the last 6 years then they cannot enforce the debt in court.

sourcrates

Hi stuart,


First off, there wont be a credit agreement if it was a mobile phone contract.


Second, if its been more than 6 years since you made any kind of payment to this account, or acknowledged it in writing, then chances are its statute barred under the Limitations act 1980, and they cant obtain judgement against you.


If that's the case, then you should defend the case on that basis, as statute barred is a full defence to any court claim.

Stuart81

Thanks for the replies. How would I confirm if it is statute barred? I literally have no info on it. I reckon it's from 2008ish but wouldn't know when the last payment was made.

sourcrates

Stuart81 wrote: »

Thanks for the replies. How would I confirm if it is statute barred? I literally have no info on it. I reckon it's from 2008ish but wouldn't know when the last payment was made.

You don't need to confirm anything.


If you believe the last payment was made in 2008, that's 8 years ago, that is sufficient information to say this account is statute barred.


Its then up to Lowell to prove its not statute barred, not up to you to prove it is.


There favourite trick is to write to you stating the default date as the time the SB clock runs from, this is not the case, its the date of the last payment or written conformation that counts, the "cause of action date", nothing else.


I would defend the case on the basis that :


"the time for collecting on this account as run out, the account has not been acknowledged, or paid, for a period exceeding six years, therefore the account is statute barred, the claimant's claim is therefore denied".

Stuart81

What's the situation if it hasn't been over 6 years and they prove that then? Would I be given the opportunity to pay it without a judgement being registered against me ? As I'm really worried about that and want to avoid it.

sourcrates

Stuart81 wrote: »

What's the situation if it hasn't been over 6 years and they prove that then? Would I be given the opportunity to pay it without a judgement being registered against me ? As I'm really worried about that and want to avoid it.

Yes, if for any reason you have miscalculated your dates, and Lowell do obtain judgement against you, if the balance is paid within 30 days, that's the end of it, no judgement will be recorded.

Stuart81

Hi sourcrates , so I've entered the defence. What happens now how long do I have to wait for the ruling etc. Any idea please?

sourcrates

Stuart81 wrote: »

Hi sourcrates , so I've entered the defence. What happens now how long do I have to wait for the ruling etc. Any idea please?

That depends on how the creditor reacts to your defence, and how busy the courts are, there's no way of knowing, unfortunately it's sit back and wait for now !!

Stuart81

So I had a letter after I entered my defence saying the claimant has 28 days to respond or it gets stayed. It's been over that now, so what happens? I logged into that money claim online website but it hasn't changed status still just shows defence submitted.

sourcrates

Stuart81 wrote: »

So I had a letter after I entered my defence saying the claimant has 28 days to respond or it gets stayed. It's been over that now, so what happens? I logged into that money claim online website but it hasn't changed status still just shows defence submitted.

Typical Lowell non responce when they know it's statute barred, it's a waiting game unfortunatly !!