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Lowells HELP!!!
kayjoanne64
Posts: 3 Newbie
Hi, I hope someone can advise me.
Im not even sure if i'm doing this right and as this is my first post its a case of fingers crossed.
Lowells have been sendimng me letters about a debt (£269.93) that I apparently owe to Littlewoods.
They sent me court papers and I followed advise given to others on this forum and applied to defend the claim as I believed it to be statute barred
1. I have no recolection of ever opeining a Littlewoods account,which according to the claim form, the account was opened on 01/02/2010.
2. The earliest point at which they could have sued for the full
balance owing to this alleged debt was more than six years ago.
3. No payment has been made to this alleged debt by me, any joint
account-holder, or any third party acting as my agent for a period
of more than six years.
4. No written admission of liability for this alleged debt has been
made by me, or any third party acting as my agent for a period of
more than six years
I have now received further correspondence from Lowells.
31/05/2019 - Directions questionnaire (N180), which they have sent to the court.
05/06/2019 - Letter stating that the debt is not statute barred stating -
"In this case, we are instructed that the account defulted on or around 1st October 2013, therefore, we are satisfied the claim is not statute barred as the six yesr period is not yet at an end. Therefore our client is entitled to bring proceedings to recover the sums outstanding".
They then go on to say if I dont pay or make an offer to settle it will procede through the court..... what do I do now, what is the next step I need to do???
Do I write to Lowells or through the small claims on line that I offerd my defense through.....
Please someone help me I am really at a loss now.
Thank you
Im not even sure if i'm doing this right and as this is my first post its a case of fingers crossed.
Lowells have been sendimng me letters about a debt (£269.93) that I apparently owe to Littlewoods.
They sent me court papers and I followed advise given to others on this forum and applied to defend the claim as I believed it to be statute barred
1. I have no recolection of ever opeining a Littlewoods account,which according to the claim form, the account was opened on 01/02/2010.
2. The earliest point at which they could have sued for the full
balance owing to this alleged debt was more than six years ago.
3. No payment has been made to this alleged debt by me, any joint
account-holder, or any third party acting as my agent for a period
of more than six years.
4. No written admission of liability for this alleged debt has been
made by me, or any third party acting as my agent for a period of
more than six years
I have now received further correspondence from Lowells.
31/05/2019 - Directions questionnaire (N180), which they have sent to the court.
05/06/2019 - Letter stating that the debt is not statute barred stating -
"In this case, we are instructed that the account defulted on or around 1st October 2013, therefore, we are satisfied the claim is not statute barred as the six yesr period is not yet at an end. Therefore our client is entitled to bring proceedings to recover the sums outstanding".
They then go on to say if I dont pay or make an offer to settle it will procede through the court..... what do I do now, what is the next step I need to do???
Do I write to Lowells or through the small claims on line that I offerd my defense through.....
Please someone help me I am really at a loss now.
Thank you
0
Comments
-
Hi,
Best to keep to just the one thread, as it can get confusing, so i have deleted your other one.
If that default date is correct, then Lowell are right unfortunatly, recent case law has decided that the default date should now constitute the "cause of action" date, the date the time clock runs from.
If the debt is not yours, it may have been wiser to dispute the debt on those grounds rather than go for a staute barred defence.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
By making the statute barred defence the OP has implicitly accepted that the debt is theirs. The next step is subject access requests to Littlewoods to see if there was an earlier default.
It is unlikely (but not impossible) that it took 3.5 years for the account to default, unless the OP was making payments for the first three years.0 -
Thank you for deleting the other post. This is the first time for me so it’s all very new.
What do I do now though, do I wait to hear back from the courts, do I respond to Lowell’s asking for proof of an account as I have no recollection of ever having an account with littllewoods, I’m so confused.
I did state in my defence that I had no knowledge of an account with littlewoods and if I did I believed it would of been statute barred.... don’t know what to do next.
Thank you for your help0 -
Thank you for your help and advise.
I did state in my defence that I am not away of an account with littlewoods as I really have no knowledge of an account.
Do I write to Lowell’s asking them for proof, do I wait to hear from the court?
I’ve checked my credit file and there is nothing on there for any littlewoods account.
I’m
So confused0 -
What was the very first correspondence you had from them??
They've tried the same thing with me, sent a letter saying you owe the balance on an account. I ignored the first letter as I knew it was not me. When they then chased it, I sent a "prove it" letter and they replied saying they will investigate and cease to pursue collections. I've heard nothing since.
This was last November. (Except a fishing text which I ignored)How's it going, AKA, Nutwatch? - 12 month spends to date = 3.24% of current retirement "pot" (as at end December 2025)0 -
It's possible that they're bluffing about the default date but it's difficult to investigate this if it's not your account. You may be able to amend your defence, or just wait till it gets to a hearing and try to explain things to a judge. However it may be that your defence is now struck out.
It may be best to get more specialist advice. I would suggest https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim?105-Received-a-Court-Claim=0
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