Lowell CCJ

[elle7]

Hi,

I'm new here and I've been reading the threads. I want to know what my best options are to this debt:

• Account start date:26/06/2006
• Date of default:30/12/2011
• Default balance :3645
• Date Lowell registered first default: October 2013
• Amount lowell showing on default: 3212
• Account type: Vanquis credit card

This is my debt I don't deny that, but I received a claim form from the Northampton court on Sept 16th and I am yet to acknowledge this. I know I have 14 days plus postage time, so I will respond.

I just want to know what my best option is, as I was just reading another thread, where someone is in a similar position with an account from 2014 and are going to court in October. Court is something I wish to avoid.

Should I contact them and make monthly payment? Should I offer a full and final settlement?

I've made no contact what so ever with Lowell.

Your help is thoroughly appreciated. Thank you.

[elle7]

Lowell CCJ Received Sept 16th

*Apologies I posted this in the welcome forum*

Hi,

I'm new here and I've been reading the threads. I want to know what my best options are to this debt:

• Account start date:26/06/2006
• Date of default:30/12/2011
• Default balance :3645
• Date Lowell registered first default: October 2013
• Amount lowell showing on default: 3212

This is my debt I don't deny that, but I received a claim form from the Northampton court on Sept 16th and I am yet to acknowledge this. I know I have 14 days plus postage time, so I will respond.

I just want to know what my best option is, as I was just reading another thread, where someone is in a similar position with an account from 2014 and are going to court in October. Court is something I wish to avoid.

Should I contact them and make monthly payment? Should I offer a full and final settlement?

I've made no contact what so ever with Lowell.

Your help is thoroughly appreciated. Thank you.

[charitynjw]

Re: Lowell CCJ

Hi elle7 & welcome to LB.

What is the debt for? (Credit card, loan, etc)

& yes, acknowledge the claim asap; there is nothing to gain by delaying.

[charitynjw]

Re: Lowell CCJ Received Sept 16th

Hi elle7

Responded on your other thread.

[charitynjw]

Re: Lowell CCJ

[MENTION=49370]Kati[/MENTION]

Could you merge this with elle7's other thread?
http://www.legalbeagles.info/forums/...858#post679858

[elle7]

Re: Lowell CCJ

Thank you.
It is from a credit card with Vanquis.
I will acknowledge it tonight. I received a notice of claim letter from Lowell on Sept 21st, 5 days after I received the court papers. In the letter from the 21st, Lowell said "If I don't contact them or either contact the court they will issue a ccj". I was under the impression that once court proceedings had been issued, that I was unable to liaise with Lowell, which is part of the reason I have not acknowledged the court paper. I have been trying to figure out my best option of not receiving a ccj. And possibly thought that I should contact them to make a full and final settlement offer.

[nemesis45]

Re: Lowell CCJ Received Sept 16th

*Apologies I posted this in the welcome forum*

Hi,

I'm new here and I've been reading the threads. I want to know what my best options are to this debt:

• Account start date:26/06/2006
• Date of default:30/12/2011
• Default balance :3645
• Date Lowell registered first default: October 2013
• Amount lowell showing on default: 3212

This is my debt I don't deny that, but I received a claim form from the Northampton court on Sept 16th and I am yet to acknowledge this. I know I have 14 days plus postage time, so I will respond.

I just want to know what my best option is, as I was just reading another thread, where someone is in a similar position with an account from 2014 and are going to court in October. Court is something I wish to avoid.

Should I contact them and make monthly payment? Should I offer a full and final settlement?

I've made no contact what so ever with Lowell.

Your help is thoroughly appreciated. Thank you.

Hi Welcome to LB,

You should acknowledge of service online at MCOL (see claim form for details) Now to give you time to decide what to do .

*****I am concerned that you say you received the claim form on the 16th Sept. the 14 days runs from the date the claim was issued. ******

nem

[charitynjw]

Re: Lowell CCJ

Thank you.
It is from a credit card with Vanquis.
Apologies, I now see you said this on your first post.
I will acknowledge it tonight. I received a notice of claim letter from Lowell on Sept 21st, 5 days after I received the court papers. In the letter from the 21st, Lowell said "If I don't contact them or either contact the court they will issue a ccj". I was under the impression that once court proceedings had been issued, that I was unable to liaise with Lowell, which is part of the reason I have not acknowledged the court paper. I have been trying to figure out my best option of not receiving a ccj. And possibly thought that I should contact them to make a full and final settlement offer.

Now that they have started the court case ticking, the usual plan is to hit them with CCA & CPR requests.
This will not affect any future decision you may make as to mediation/negotiation, but it may well stop them in their tracks.
If they cannot access the appropriate compliant documentation, they cannot progress with enforcement via court.

[elle7]

Re: Lowell CCJ

Thank you for your replies everyone.
[MENTION=5553]charitynjw[/MENTION] the only concern I have with a CCA and CPR request and relying on them not having the documentation is that I have seen in another thread for someone else, that in spite of them providing this, he still has to attend court.

I think I will call them to discuss making payments as I have been awake for over 2 hours in the middle of the night worrying about it.

I would feel better if I had a payment plan in place as opposed to fighting a possible losing battle.

[charitynjw]

Re: Lowell CCJ

As [MENTION=55034]nemesis45[/MENTION] has pointed out above, you will need to acknowledge the court claim pdq to avoid a default judgment.

[elle7]

Re: Lowell CCJ

As [MENTION=55034]nemesis45[/MENTION] has pointed out above, you will need to acknowledge the court claim pdq to avoid a default judgment.

I have acknowledged this now.

In doing so, and I've decided to still out I'm defending the claim to give me more time, an I able to make a payment offer to lowell? Does anybody have any experience of this? Thank you.

[charitynjw]

Re: Lowell CCJ

On what basis have you acknowledged? Defend all of the claim? Defend part?

[Amethyst]

Re: Lowell CCJ

You can send the initial letters (CPR and CCA) and acknowledge the claim with intent to defend and still choose to negotiate further down the line - for example if they come up with all the documents. Stick with defending for a little bit - you have to 14th Oct (based on your receiving the claim on 16th Sept so being issued around 11th/12th Sept) to get a defence in - and you can always negotiate after doing that while Lowell are still trying to find the documents.

If you make a monthly payment offer through the court process at this stage then you will end up with the CCJ on your file for 6 years.

You could negotiate a full and final settlement ( likely to be at least 50% of the debt ) on the grounds they withdraw the court claim. But of course that depends if you happen to have a spare £2k handy.

Or if you really don't want to defend, and don't want the CCJ, you could try and offer a monthly installment settlement under a 'tomlin order' which basically means you both agree they can have judgment if you stop making your agreed payments.

Personally I think I'd make them work for it and wait until they produce at least one of the documents.

[elle7]

Re: Lowell CCJ

I've acknowledged the debt and choose to defend all the claim.

I have just spoken with Lowell and the lady I spoke with wasn't that bad tbh. However these are the options she gave me:

1-pay the debt in full
2-pay is over 6 months

Both options she said were my only way to avoid the CCJ.

I said what if I can make a full and final settlement offer but she said this wasn't an option.

I will send the CCA and CPR today. Would somebody be able to point me in the right direction for these please?

I asked if they had a copy of the credit agreement, I'm not sure if that was the right thing to do, but they didn't. They said they would have to apply for this.

Ideally I would prefer a full and final settlement offer but they weren't interested.

I appreciate everyone's input.

Also, the date on my claim form is the 16th, that's not the date I received it. Sorry for the confusion.

[charitynjw]

Re: Lowell CCJ

I will send the CCA and CPR today. Would somebody be able to point me in the right direction for these please?

Top of this thread in green. CCA Request || CPR 31.14 Request
CCA - £1 fee - send to Claimant.
CPR - no fee - send to solicitors.
Keep file copies & get proof of postage. (SignedFor post is good)