Lowells and joint unsecured loan.

[Attention1234]

Evening all.

Firstly I want to say how great the advice on this website is, very informative. I am hoping you can help me!

My brother is being chased by Lowells for an unsecured loan of £4000 which he took out with his ex wife in 2007. They both signed the agreement. The loan was paid until 2009 when they divorced.

They mutually agreed she would continue with the loan payments with the money he paid her in the divorce, although did not write anything into the divorce and yes, you guessed it, she failed to pay. Surprise, surprise. He didn't find this out until Lowells started to chase towards the end of 2013.

She received a lump sum from the divorce and technically can afford to pay it, my brother cannot due to other reasons linked to the divorce which I would rather not go into but can say that he has been left with nothing but debt from the marriage.

Lowells have sent several letters asking for money, he doesn't have any money so cannot pay, he asked them to suggest ways of paying but they ignore him and instead send more letters saying he has ignored their letters, not true!

He is currently living with me as he cannot afford his own home at the moment.

The last letter said they have obtained his credit details and that if he does not reply with an offer to pay in 21 days they will send a "face to face" agent around or refer to court.

We are not bothered by the face to face agent as judging by previous comments on this site this is either bullshit or we can write and tell them not to visit without an appointment, but we are worried on the next steps. I also if they both took out the agreement and my brother does get taken to court, shouldn't his ex wife also be treated the same? ( they do not speak so we are unsure if they are trying to recover any funds from her, but she has 6 kids so my guess is she will hide behind them, sorry, sad but true......)

What are my brothers options?

Thanks

[pault52]

Re: Lowells and joint unsecured loan.

Lots they just trying to scare you.

[Attention1234]

Re: Lowells and joint unsecured loan.

Lots they just trying to scare you.

Yeah I can see that, might just ignore and see what they do next, he doesn't have any money so what CAN they do?!?

Unless anyone else can any suggestions?

Much appreciated in advance!

[Guest]

Re: Lowells and joint unsecured loan.

HI

Does your brother still have the loan documentation by any chance, who was the original loan with.
Was there any PPI taken with the loan which could be used to offset(repay) the balance.

Regarding the threat of a visit, just to confirm that they have no more right to visit you than anyone else, and you have just as much right to tell them to go away, or not call at all. Generally the best bet if you are worried about ti its to drop them a line and tell them that you do not want them to call and that calling would do no good because it would not change your financial situation nor your ability to repay.
The only purpose in such a call would be to harass you which would be contrary to debt collection guidelines and may necessitate action against them.

The debt itself will be reclaimable from either party to the agreement, unless there is something contained within it which says otherwise(unlikely).

It is worth having a look at it particularly if taken out before April 7 2007 to check whether the charges and other terms are compliant, as this could effect their ultimate ability to enforce it in court.

You can request a copy through Lowell by sending a section 77 consumer credit act request, it will cost you £1 and they should respond with 12 days .

There is a template letter on here, but you can just write ," please send a true copy of my agreement ref xxxx as required under section 77 of the consumer credit act, I enclose the statutory fee of £1 you understand that you must respond with 12 days, please note that the fee is only to be used as payment for this copy and is not to repaid off any alleged debt." Send recorded post.

[Attention1234]

Re: Lowells and joint unsecured loan.

Cheers Andy, I am working away so will check the above when I am back and let you know.

Thanks

[Attention1234]

Re: Lowells and joint unsecured loan.

Hi,

The agreement was taken out with a company called "British Credit Trust"

I requested a copy of the agreement which they supplied, the signed copies are very faint but as far as I can tell no PPI was taken out.

2 copies have clearly been photocopied several times, the other 2 with the terms and conditions are a lot clearer.

The agreements were signed in August 2007.

I will take your advice and write a letter about them not visiting, as like you say this won't change the outcome.

They sent another letter a day after the one I mentioned above saying they would accept £15 per month (which would take approx 30 years to pay off???) technically I could help my brother and pay this, but will this open things up to them wanting more, and again why shouldn't his ex wife get off without paying anything?


I am grateful of any help

Thanks

[Attention1234]

Re: Lowells and joint unsecured loan.

Morning!

Does anyone else have any others suggestions to help my brother please?

Thanks

[Attention1234]

Re: Lowells and joint unsecured loan.

Evening! Sorry to pester, but has anyone else got any suggestions? I am concerned that if I help and make small payments they will come after my brother for more. Is he best to just ignore until his situation improves?

Thanks in advance once again.