Lowells County Court Claim Form

Littlemin

Hi,

I am brand new here, so I apologise if I've posted this in the wrong place.

I've received a claim form from Lowells regarding an old store card debt. I understand I have to respond within 14 days. I intend to admit the debt and offer monthly repayments as I am pregnant and don't want any added stress.

My problem is that the forms have been sent addressed to my maiden name and also to my parents address (my previous address) therefore I'm wondering, on the forms do I fill them in with my old name and address or my married name and address? As they are court papers I do not want to do the wrong thing, but I'm running out of time to respond.

I would greatly appreciate any help.

Thank you

fatbelly

This may be useful

https://www.nationaldebtline.org/EW/factsheets/Pages/replyingtoacountycourtclaim/replyingtoaccj.aspx

You might as well put your proper name and address on them.

I wouldn't want you to admit to a debt that wasn't enforceable - was there ever a period of 6 years when you didn't pay anything to this?

A couple of last things - it's better to respond online if you can though that's not what the factsheet says. Also if this has come from Northampton Court, they allow 5 days from issue to service and the clock only starts ticking at service date.

stvn1

Hi, I'm just off the phone to Lowell, they reduced the amount I owe them after I pushed them on it. Details are in my diary. Please try.

[Deleted User]

Am I correct in thinking this has come from Lowell, and not from Northampton ? Is it a threat of court action ?If so, then it may be statute barred or near to being so. Just not like them to take a reduced amount at first contact.

sourcrates

Hi,

It would help to know how old the store card debt is, as others have mentioned, it may be statute barred.

Which would be a full defense to their claim.

National_Debtline

Hi Littlemin and welcome to MSE,


County court claim forms only have to be sent to the last known UK address, so if you had moved and not informed them, I am afraid that could explain why the paperwork went to your parents address (and were in your old name). I agree with other posters that it is worth getting further advice about this debt, in case you have a potential dispute.


I would also like to make you aware that as of the 1st October 2017 a new pre-action protocol has been put in place. This requires the creditor to issue a Letter of Claim before claim forms, giving the individual 30 days to make an arrangement to pay (to avoid court action) or raise concerns about the debt. It doesn't seem as though Lowell have done this, and therefore you should bring this to the courts attention.


This is a very new protocol, and it is unclear what the court will do for non-compliance. It is very unlikely to invalidate the claim, but it could affect the costs the claimant is requesting. You may want to speak to one of the free debt charities for more advice ASAP, to ensure that you respond within the deadline.


Laura
@natdebtline

Littlemin

Hi.

Thank you for all the replies!

I don't think the debt is statute barred, in aude I've made a repayment on it within the last six years.

The claim form says Northampton court business centre on it but from Lowells.

If I do an online response, do I also have to send the paper N9a form? I'm thinking of just paying the amount in full instead of being hassled by this during my pregnancy and beyond. The issue date is 19th October, therefore am I right that I have 14 days from 24th October?

Thank you!

sourcrates

National_Debtline wrote: »

I would also like to make you aware that as of the 1st October 2017 a new pre-action protocol has been put in place. This requires the creditor to issue a Letter of Claim before claim forms, giving the individual 30 days to make an arrangement to pay (to avoid court action) or raise concerns about the debt. It doesn't seem as though Lowell have done this, and therefore you should bring this to the courts attention.


This is a very new protocol, and it is unclear what the court will do for non-compliance. It is very unlikely to invalidate the claim, but it could affect the costs the claimant is requesting. You may want to speak to one of the free debt charities for more advice ASAP, to ensure that you respond within the deadline.


Laura
@natdebtline

Its a little hit and miss, and does not specify any particular penalty for non compliance.
I would expect it to be covered by the underlined section, and would be at the judges discretion :



7 COMPLIANCE WITH THIS PROTOCOL
7.1 If a matter proceeds to litigation, the court will expect the parties to have complied with this Protocol. The court will take into account non-compliance when giving directions for the management of proceedings.


The court will consider whether all parties have complied in substance with the terms of the Protocol and is not likely to be concerned with minor or technical infringements, especially when the matter is urgent.


7.2 For further information about the court’s approach to compliance, see Practice Direction – Pre-Action Conduct and Protocols (paragraphs 13 to 16).

National_Debtline

Hello again,


You are correct in your calculation for the deadline. You will need to respond by the 7th November if you are going to admit the debt. If you are in a financial position to pay it in full, then that is another option. This will prevent the CCJ being recorded on your credit file as well (you actually have 1 month/ 28days from a CCJ being entered, to pay it in full, to prevent it being recorded on your credit file). However, if paying this in full is going to leave you in financial difficulty, you can offer instalments.


If you have a Money Claim OnLine (MCOL) reference number you can reply online and there is no need to do anything in the post. However, if you do not have this reference you will need to reply in the post. Send your form (N9a) to the "address for sending documents and payments" as specified on the claim, and make sure you do this recorded delivery. Good luck,


Laura
@natdebtline