Lowell court action?

scoey8

Hi, just wondering if anyone knows if Lowell are likely to take me to court for the following;

3 defaults all due to be statute barred in 2 weeks time. 

1. £410
2. £105
3. £47

First question to which i think the answer is yes is can they combine all 3 into one court case? (even though they are defaults from separate companies).

Second is are they likely to issue proceedings for this amount? As i said it's only two weeks until they 'expire' but i know Lowell sometimes leave it right until the last minute.

Thanks

Daintyorb

Hi,

Lowells can combine debts and have issued for these amounts in the past.  It's unusual for them to issue so close to statute barred date, but it is a possibility. 

sourcrates

Debts that are combined cannot be proven, as no agreement to combine them ever existed.

The pre-action protocol, civil procedure rules, requires a creditor to send an LBA (letter before action) in all cases of consumer debt, this is a questionnaire type document, designed to agree a solution without the need to progress to court.

It has a 30 day response time, and as the limitation act requires legal action to have been started, for example, by the issuing of a claim form, to re-set the statute barred clock, I think you can safely say your in the clear.