Lowell/JD Williams

steve811

Hope someone can help here! I have an old debt with JD Williams (home shopping) that was passed to Lowell solicitors on the 20/12/2012. The loan was defaulted some time before that and I am sure we are coming to the end of the 6 years from the last payment. Today I received a claim form from MCOL and I need to know what is the best way to proceed? Do I request details from JD Williams regarding the account, or from Lowell? What is the best way of defending the claim (it contains some money relating to a PPI scheme which we were unable to use)?

sourcrates

Hi,

If you've received a court claim you need to act swiftly.

How sure are you about the debts statute barred status ?

If your pretty sure, you should defend on that basis.

It's up to Lowell to do all the legwork, not you.

steve811

I am digging out the paperwork but I think the last payment was over 5 years ago, possibly 6. On what basis could I defend?

sourcrates

steve811 wrote: »

I am digging out the paperwork but I think the last payment was over 5 years ago, possibly 6. On what basis could I defend?

To be Statute barred, a clear 6 years must of passed without payment or written acknowledgment, if that's not the case, then you'll have to admit the debt unfortunately !!

abby1234519

steve811 wrote: »

I am digging out the paperwork but I think the last payment was over 5 years ago, possibly 6. On what basis could I defend?

How much is the debt for? If you want to avoid a CCJ you'd need to pay it quickly

steve811

The debt is for £1000, much of which was added interest and "admin fees".

steve811

Having dug out the paperwork the last payment on this was made in November 2011, making it statute barred in November of this year! I have acknowledged service and said I will defend the claim, as well as having the case transferred to this location. If I succeed in getting this put off, would the 6 year rule still apply if we can delay til November?

Keezing

I believe the judge is likely to conclude that proceedings began before the 6 years.

sourcrates

Keezing wrote: »

I believe the judge is likely to conclude that proceedings began before the 6 years.

Keezing is correct.

They have 6 years in which to start court action, as that has already happened, your statute barred defense is out the window now unfortunately.

steve811

Thanks, I am going to defend on the basis of proof of debt, as they have not provided any copies of the agreement despite asking for them, they have produced a copy of a "reconstituted" agreement.

sourcrates

steve811 wrote: »

Thanks, I am going to defend on the basis of proof of debt, as they have not provided any copies of the agreement despite asking for them, they have produced a copy of a "reconstituted" agreement.

Before you do that, bear in mind a recon agreement is perfectly acceptable.

It does not, and never had to be, the exact, original agreement.