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  • FIRST POST
    • kayjoanne64
    • By kayjoanne64 14th Jun 19, 2:45 PM
    • 3Posts
    • 0Thanks
    kayjoanne64
    Lowells HELP!!!
    • #1
    • 14th Jun 19, 2:45 PM
    Lowells HELP!!! 14th Jun 19 at 2:45 PM
    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
Page 1
    • sourcrates
    • By sourcrates 14th Jun 19, 2:55 PM
    • 18,438 Posts
    • 17,329 Thanks
    sourcrates
    • #2
    • 14th Jun 19, 2:55 PM
    • #2
    • 14th Jun 19, 2:55 PM
    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.
    Last edited by sourcrates; 14-06-2019 at 3:06 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
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    • fatbelly
    • By fatbelly 14th Jun 19, 5:25 PM
    • 14,202 Posts
    • 11,217 Thanks
    fatbelly
    • #3
    • 14th Jun 19, 5:25 PM
    • #3
    • 14th Jun 19, 5:25 PM
    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.
    • kayjoanne64
    • By kayjoanne64 15th Jun 19, 5:41 AM
    • 3 Posts
    • 0 Thanks
    kayjoanne64
    • #4
    • 15th Jun 19, 5:41 AM
    Thank you
    • #4
    • 15th Jun 19, 5:41 AM
    Thank you for deleting the other post. This is the first time for me so itís all very new.
    What do I do now though, do I wait to hear back from the courts, do I respond to Lowellís asking for proof of an account as I have no recollection of ever having an account with littllewoods, Iím 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.... donít know what to do next.
    Thank you for your help
    • kayjoanne64
    • By kayjoanne64 15th Jun 19, 5:46 AM
    • 3 Posts
    • 0 Thanks
    kayjoanne64
    • #5
    • 15th Jun 19, 5:46 AM
    Thank you
    • #5
    • 15th Jun 19, 5:46 AM
    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 Lowellís asking them for proof, do I wait to hear from the court?
    Iíve checked my credit file and there is nothing on there for any littlewoods account.
    Iím
    So confused
    • Sea Shell
    • By Sea Shell 15th Jun 19, 6:16 AM
    • 2,588 Posts
    • 4,671 Thanks
    Sea Shell
    • #6
    • 15th Jun 19, 6:16 AM
    • #6
    • 15th Jun 19, 6:16 AM
    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)
    " That pound I saved yesterday, is a pound I don't have to earn tomorrow " JOB DONE!!
    This should now read "It's time to start digging up those Squirrelled Nuts"!!!
    • fatbelly
    • By fatbelly 15th Jun 19, 7:34 AM
    • 14,202 Posts
    • 11,217 Thanks
    fatbelly
    • #7
    • 15th Jun 19, 7:34 AM
    • #7
    • 15th Jun 19, 7:34 AM
    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=
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