Lowell Solicitors Claim Form

nic_c

pappa_golf wrote: »

If the letter is headed ‘Letter of Claim’, as opposed to ‘Letter Before Claim’, then I think they are playing with words to disguise its real status.

If it is headed ‘Letter Before Claim’, the lowell are required to provide you with a plethora of information, as per the new Pre-action Protocol’ (PaP) - read the link so you know what you should have received with a formal LBC.

I don't know what term lowell use, but its what is in the PAP documentation
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/355594/pre-action-protocol-for-debt-claims-draft.pdf
So I would assume that they all use this term, rather than trying to disguise the real status. The govt brought out PaP because of the number of CCJ done via Letter Before Claim with no information on to give debtors time to respond and dispute before it goes to court.

Brijay638

Thanks for the reply.

Upon having an appointment with a mortgage advisor at RBS a year ago i was advised that even having a CCJ that was paid in full on my file i wouldnt be considered for a mortgage.

That CCJ fell off at the start of September so i dont want another impacting chances on my file.

The 560 just isnt available in the next 30 days. Christmas is around the corner. I have 2 phones on contract and mine and my girlfriends cars on finance to pay and insure as well as running my house and feeding my baby.

The site i am contracted with is shut for 3 weeks over xmas as well as me just coming back from Mexico so at the minuit im down a few weeks wages so hoping to stall this a month or two then pay in full.

Brijay638

Thanks for your post. I can confirm that the paperwork is headed as Claim Form with the county court name and address included. So seems legit.

Brijay638

Also as a self employed skilled worker i will recieve my Tax Return in April of around 7000, which will mainly be the 5% deposit required around these parts when added to the money already saved in a Help to Buy ISA that i am unable to touch other than for a deposit.

Brijay638

I was waiting for Saturday as the one week mark to reply with the Acknowledgment .. however i have today recieved a letter from 'Lowell Solicitors' advising me to get in contact as they have filsd these proceedings which can still be avoided by arranging a payment plan. I was under the impression that once it has been filed i am now unable to arrange an agreement with them.

Any advice would be appreciated.

Thanks again

fatbelly

Issue date is 13 Nov

Service is deemed 18 Nov

You have until 2 Dec to do something (acknowledge is one option)

I wouldn't leave it till the last moment. Go online now and acknowledge service. This then extends the deadline to 16 Dec.

You can enter discussions with Lowell but I wouldn't advise it. Unless you have entered a defence before 16 Dec you will get a ccj shortly afterwards.

This is a consumer credit debt. The experts over at legalbeagles

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

will advise you on a cpr request to the solicitors and a cca request to the creditor, followed by a defence.

This should buy you loads of time. Best of luck.

Brijay638

Thabks for the reply. I will log on now and acknowledge. For some reason i thought it was a further 14 days from acknowledgment rather than added on to the already preset date.

I have made a thread on legal beagles but found ive recieved more replies here. Having read a sticky i now realise what to send and where and will get on it tomorrow.

Thank you again, mate

Brijay638

Good Evening

I have acknowledged online and ticked i intend to make a defense.

I will send CPR and CCA requests off tomorrow.

Do i need to wait for replies or submit a defence before the deadline 28 days is up.

Thanks

fatbelly

There are not so many people on legalbeagles and I think they're a bit more active in the evenings.

You have to submit the defence within the timescales and lack of compliance with your requests is a defence, as is their non-compliance with the new pre-action protocol.

ScaredWitless

They are supposed to send you a letter before action before sending you a claim form.

Have you received this?

If not, you can complain to the court and put this in your defense.

The new rules changed a few weeks ago.

They should know this.