Lowell’s - Received Court Action

Hi There. 

please can someone help with this as I’m not sure how to defend this. 

I have received court action from Lowell’s solicitors on 16th Feb. Not acknowledged or anything yet. I have debt problems as I have been out of work. I started a job on 15th Feb so contacted payplan to start a DMP which will have its first payment next month including Lowell’s. 

The court papers say -

The claimant claims the sums of 7507.93 in respect of 2 balances of 2 debts due by the defendant with interest under s.69 of the county courts act 1984 at a rate of 8% per annum in the sum of 412.84 making a total of 7919.77. Detailed particulars of claim will follow and be served separately. 

How can I defend this when I don’t even know which creditors they are? Should I write to Lowell’s and request the credit agreements and particulars? And can my defence be that I have no idea which creditors these are? Also, if I contact Lowell’s and tell them I’m starting on a DMP with payplan will they stop this action given the circumstances. I really don’t want a CCJ. 

Many Thanks in advance.

Replies

  • Didn’t you receive letters from the companies prior to the debt being sold to Lowell? You say you’ve had debt problems but then also say you don’t think these debts are yours. If they aren’t yours then you need to contact them and tell them you don’t think these debts are yours. Also did you check out the debt free section on this forum? You can post an SOA and see if there is another way to deal with your debts to avoid a DMP? 
  • bennyalibennyali Forumite
    9 Posts
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    No I’m not saying the debts aren’t mine. I have moved in between. There is a good chance that these debts are mine but the document doesn’t tell me who they are for just says 2 accounts owned by Lowell . I’m not trying to shirk my responsibility hence invoking payplan I just didn’t realise I could be sent a court document with no particulars to identify the accounts. I thought that they would have to provide those details. 
  • That’s fair enough just usually the amount of the debt maybe a clue to which account it is. Have you looked at the debt free board like I suggested? You maybe able to deal with your debts with careful budgeting to avoid DMP? 
  • bennyalibennyali Forumite
    9 Posts
    Part of the Furniture First Post Combo Breaker
    Forumite
    I’m looking it over now. Thanks. 
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