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Lowells Claim form - out of time

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  • Lowells Claim form - out of time

    Hi everyone,

    I know that the answers to what I am going to ask may be on the forum already, it's just that I am out of time today/tomorrow so I would like to check what I should do.

    I received a claim form from Lowells while I was away at Easter. It must have arrived many days after the date on the letter,as it was dated the 7th but must have only arrived around the 11th. It is a claim for an old Capital One debt.

    The deadline to respond must be the 26th (7 + 5 + 14?) so I am really out of time.

    I can't find the paperwork that tells me the last time I acknowledged this debt. It may be more than six years ago, or maybe not. I am desperatley searching but some of my stuff was damaged in a house flood a few years ago and that may have been in the stuff that was thrown away plus my paperwork is all over the place.

    Someone working at the court told me I could still contact Lowells and ask for a payment plan without getting a CCJ if I did it quickly - does anyone agree? I have spoken to another person who says this isn't likely at all. I only have today and tomorrow to do that! On the other hand if I contact them and ask for a payment plan, isn't that admitting the debt? So if it is statute barred then I would be messing things up for myself.

    Thanks for any advice at all.

    Edit: After more reading I have checked my credit file online and it is showing the default as within the last 6 years (although I don't remember this) so it wouldn't be statute barred if correct. If I ask for a payment plan through the courts will I get a CCJ? Thanks.
    Last edited by 3948; 24th April 2017, 12:16:PM.
    Tags: None

  • #2
    Re: Lowells Claim form - out of time

    Hi & welcome to LB

    First steps - acknowledge the court claim
    http://legalbeagles.info/forums/show...it-Court-Claim
    Defend in full (for the moment).
    If you live in England/Wales, do not contest jurisdiction.
    Do not write anything in the 'defence' box......any defence can be made in due course. (Latest 33 days from claim issue date).
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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