Received a Claim Form from County Court Business Center

FrogsLegs

I've today received a Claim Form from County Court business center, relating to a debt from around five years ago! They're claimant, a debt collection company chasing on behalf of the original creditor, are claiming for: £320, Court fee £35, Legal representatives costs £50, totaling over £400! The original debt is a smidgen under £300!!

Now I kinda suppose I owe this money, it was for a phone contract. I refused to pay as the phone wasn't usable, the company refused to repair it stating it was "fine". We fell out and so began the debt!

I've done some reading this evening on the MSE forums and stumbled on a couple of interesting points which I'm hoping someone can help me clarify.

@vax2002 says on a similar thread:
"They can not claim the solicitors fee.
Advice, pay the company you owe the exact amount you owed.
Keep a copy of everything including any cheques you send.
If they refuse it, the case will be struck out."

Is this true? If so how do I go about paying the original phone company? What should I do about the Claim Form in the meantime? Any advice on how best to handle this and things I should avoid saying when I do call the original creditor?

Thank you all kindly.

fatbelly

Ignore that advice.

Of course they can claim a reasonable solicitor fee - which £50 is

When I call the original creditor? You can't pay the original creditor now if the account has been bought (assigned) to another company like Lowell or Cabot. And in any case you now need to do everything in writing and work to the court timescale.

Advice on court claims is best found by posting on

http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

That's what they specialise in.

FrogsLegs

Thank you for the advice, it means a lot. The claimant is indeed Lowell.

Based on what you have said, calling the original creditor would be pointless. How can I find out more about the original debt? I.e my last payment or acknowledgement of the debt, are Lowell required to give this info or have I left it too late for that?

Is there anything I can do now that a Court Claim Form has been issued or is it simply a case of pay what they're asking and that's it?

Again, thank you

fatbelly

FrogsLegs wrote: »

Thank you for the advice, it means a lot. The claimant is indeed Lowell.

Based on what you have said, calling the original creditor would be pointless. How can I find out more about the original debt? I.e my last payment or acknowledgement of the debt, are Lowell required to give this info or have I left it too late for that?

Is there anything I can do now that a Court Claim Form has been issued or is it simply a case of pay what they're asking and that's it?

Again, thank you

Check the link - you can/should ask the solicitor for all documents mentioned in the particulars of claim

There's a case like yours on the site:

http://legalbeagles.info/forums/showthread.php?70263-Claim-From-from-Brian-Carter-Received-10-10-2015-Help-amp-Advice-Needed

including their defence - claim received start of October, notice of discontinuance received end November!


Do you think it is more than 6 years since you last made a payment?

FrogsLegs

Thanks for the info, I'm just going over the link now.

I've added a post on the forum LegalBeagles forum (can't post the full link here as I'm a new user)
legalbeagles.info/forums/showthread.php?77191-Court-Claim-Lowell-Vodafone-8-2-2016

I can't be sure exactly when I last made payment, it was in 2010/11 sometime I think. Can you please clarify how I can get the documents relating to the particulars of the claim? Should I request this by writing to Lowell Solicitors?

fermi

FrogsLegs wrote: »

I've added a post on the forum LegalBeagles forum (can't post the full link here as I'm a new user)

Link here --> http://legalbeagles.info/forums/showthread.php?77194-FrogsLegs-Court-Claim-Lowell-Vodafone-8-2-2016

esmerellda

Link to post on LB http://legalbeagles.info/forums/showthread.php?77194-FrogsLegs-Court-Claim-Lowell-Vodafone-8-2-2016 ( had to shift it about a little bit due to a crap form issue )

fermi

FrogsLegs wrote: »

@vax2002 says on a similar thread:

vax2002 used to post a great deal of boll*cks before they eventually got banned IIR. Ignore what they posted, or at least get a proper opinion on it.

esmerellda

Oh !!!!!! Fermi... great minds.

FrogsLegs

Thank you @fatbelly for the links to LegalBeagle, and all who helped.
The kind folks over on the LB forum have been more than helpful too. I'll keep this thread open and post and resolutions to this Claim.