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Another Lowell's case

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Another Lowell's case

Postby Mickey1987 » Sat Jan 07, 2017 9:02 pm

Hello, OK so really need help I have been a reader of this site for years and now has come the time its my turn to battle these guys. My debt that is been looked at I have not made a payment for since at least 2010 and today I received a court claim form. I have been out the country roughly 6 years and returned around 2/years ago. Letters have been sent to my family members during my time away as this was my registered address.the letters was not often no contact has been made at all with myself and the collectors. I have had no breakdown of what I owe and all.it has is a sum figure. They claim to have taken over the agreement in 2013 and notified me however did they send me notification to Spain as that's where I was at the time. I am hoping due to the age of the debt and some good info and research to beat the loop holes. I have a family to look after that is hard enough and this should have gone court along time ago. No agreement has been made between me and Lowell's and therfor I do not have any binding contract with them. Also on the letter it is addressed to me using the strawman name and also miss off my middle name. Can this be claimed as not me. What should I do. At this point I have done nothing and still remains no contact with me and anyone or company regarding my debt. Where do I stand, can I beat this
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Re: Another Lowell's case

Postby Tiggy » Sat Jan 07, 2017 9:10 pm

Have they started legal proceedings? What's the original debt for ?
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Re: Another Lowell's case

Postby Mickey1987 » Sat Jan 07, 2017 10:07 pm

I believe they have but I'm just guessing but this letter is from county court business centre so I imagine they have. The debt originally was a cash loan from everyday loans
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Re: Another Lowell's case

Postby williams2583 » Sun Jan 08, 2017 2:22 pm

if the terms and conditions of the original loan allowed assignment and that has been done correctly by Lowlife then you do indeed have a contract with them.Time to find out what they have on you .
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Re: Another Lowell's case

Postby Mickey1987 » Wed Jan 11, 2017 10:12 pm

OK so I need to finally make contact then. Should I reply to the court claim to acknoledge and ask for the 28 days to defend myself. Then should I send the 3 letters that I have seen on this site to find out what they have. Can't believe after all these years that they still have a case against me.
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Re: Another Lowell's case

Postby williams2583 » Thu Jan 12, 2017 11:17 am

Its too late for the 3 letters,you need to confirm you will defend now and then have 28days to get your defense in.Trawl Tiggys posts about suitable defenses
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Re: Another Lowell's case

Postby Mickey1987 » Sun Jan 15, 2017 4:13 pm

What is the worse that can happen if I don't reply to the court. As there would still have been no acknowledgement from me what's the worse can happen to me. I don't mind having a bad credit report as it means I can't get into this position again but I don't want high court enforcement at my door
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Re: Another Lowell's case

Postby Mickey1987 » Sun Jan 15, 2017 4:59 pm

Is my case statute barred its well over 6 years since any payment or contact has been made. Will this be my best defence. Thanks in advance guys
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Re: Another Lowell's case

Postby thor » Sun Jan 15, 2017 5:07 pm

What is the worst then if you don't respond to the court......... Lets see. you will lose by default for one. A CCJ and costs. does that spell it out for you. :roll:
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Re: Another Lowell's case

Postby Tiggy » Sun Jan 15, 2017 7:51 pm

They can't use High Court enforcement if the debt is subject to the Consumer Credit Act, but they can enforce the CCJ in other ways, including charging orders, bailiffs or attachment of earnings orders.

If you think the debt is statute barred, You need to be 110% sure before you submit that defence as it goes on the default notice NOT the last payment date, so you'd need to go back to the original creditor to see when they defaulted the account.
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