Advice needed please regarding notice of pending legal action

[Dubbers]

Sorry for late reply, I was seeing what my options, plus I’ve been working nights. I wouldn’t feel comfortable speaking to them over the phone, so could you help me do a settlement letter with both options to pay upfront and in installments please. I’d rather just pay this one and get it done with as this is the smallest debt. The other ones I’m a little worried about but I’ll deal with that when it comes to that stage but at the moment it’s been quiet and I have recieved many other debt letters.

Thank you for all your help.

No worries at all, and trust me there is absolutely no need for an explanation about the debt, been there, as have most of us on here at one point or another.

The other Shop Direct accounts could have been sold on to the same company, or a different one, it really depends on age, but expect things to poke their heads up when you're coming up to 6 years as they scurry to try get in before it becomes time barred. Same process, they need to evidence the debt and that they have the right to collect it - anything opened after 2007 really is likely to come back fine ( though I am continually suprised how many still don't !)

Let's get this one sorted out first, then it could be worth you getting an appt at Stepchange or with CAB to go through your Income and Expenditure, look at the debts and your overall circumstances and see what options there are. With aging debts there is always settlement possibilities, if things are quite recent you could just make an offer via the letter of claim stage before court action, or you could try get them all on installments now so they just chug away in the background.... entirely up to you and I'm seriously no debt adviser - leave that to the professionals. Worth an appt to go through worse case scenario stuff anyway and see what options you have.

Right so settlement on this one, you could speak to them - if you feel up for it... you can say to the claimant that now you have received the documents you want to discuss about getting this debt sorted and settled and go from there - it is likely to be a minimum of 70% but doesn't hurt to start at 50%... but ask them if they have a settlement figure in mind first - sometimes they suprise you. You'll get a bigger discount if it's a one off lump sum than installments but sometimes they will still discount if installments are over a sensible period. Its normally over and done with quicker on phone but remember you want them to send you confirmation of the agreement in writing before making payment. But don't over stretch yourself, if they took it to court and got a CCJ, then they would get what is deemed affordable for you based on your circumstances, so really offering to settle now, even at a discount, is more 'lucrative' for them. I haven't spoken with Lucas Credit before so I'm afraid I have no idea how nice or mean they are, but have to say most companies I have spoken with to sort settlements with have been lovely. ( robinson way wasn't very nice mind, but I was being a bit awkward and he was just trying to do his job )

If you really don't feel like calling them, then we can put a letter together, and it'll be a bit of table tennis letters for a while till you get agreement. We'll have to look at your circs a bit more, and you might actually be better off asking CAB for guidance with it as they will have the full picture.

[Dubbers]

Sorry for late reply, I was seeing what my options, plus I’ve been working nights. I wouldn’t feel comfortable speaking to them over the phone, so could you help me do a settlement letter with both options to pay upfront and in installments please. I’d rather just pay this one and get it done with as this is the smallest debt. The other ones I’m a little worried about but I’ll deal with that when it comes to that stage but at the moment it’s been quiet and I have recieved many other debt letters.

Thank you for all your help.

Okay. Now I've had chance to have a good look through everything does look in order. Shop Direct do seem to be getting their house in order. There are issues, but not anything that can't be sorted easily and there doesn't seem to be a dispute over the actual debt at all, only the documents?

As they haven't brought court action as yet you will have a decent opportunity to sort out a full and final settlement, either one off or by installments to avoid a court claim and potentially a CCJ ( and you're more likely to get a discount at this stage than waiting - If you can do a F&F you could start at 50% and probably expect to settle at around 70%. ) I think you mentioned early on in your thread that you were putting something aside to try and settle this if it came to it ( if you're anything like me you gave up bothering with that, but if you did, it could be useful now )


It was an online application agreement in 2013 which is why it doesn't have your signature - it was a tick box - so the signature will likely be shop directs for executing? ISME became VERY and they are both shop direct, the screenprint shows it was changed into VERY in 2015.

The 12 + 2 days is for compliance with a CCA request ( with £1 ) and missing the deadline ONLY means they can't enforce while the request is outstanding. In the 'olden days' it was a Criminal Offence but that changed back in 2006. So really they can take as long as the like, just couldn't get judgment until they respond.

[Dubbers]

Amethyst, thank for all your help. I’m not sure if you’ve been online over the last couple of days, or if you didn’t see my last message, but I justed to say that I wouldn’t feel comfortable speaking to Cohen Cramer over the phone, regarding settlement. Would you be able to help me create a settlement letter please.

Thank you you so much for all your time. Thank you to everyone that has helped me too, appreciate it so much.

[Dubbers]

No worries at all, and trust me there is absolutely no need for an explanation about the debt, been there, as have most of us on here at one point or another.

The other Shop Direct accounts could have been sold on to the same company, or a different one, it really depends on age, but expect things to poke their heads up when you're coming up to 6 years as they scurry to try get in before it becomes time barred. Same process, they need to evidence the debt and that they have the right to collect it - anything opened after 2007 really is likely to come back fine ( though I am continually suprised how many still don't !)

Let's get this one sorted out first, then it could be worth you getting an appt at Stepchange or with CAB to go through your Income and Expenditure, look at the debts and your overall circumstances and see what options there are. With aging debts there is always settlement possibilities, if things are quite recent you could just make an offer via the letter of claim stage before court action, or you could try get them all on installments now so they just chug away in the background.... entirely up to you and I'm seriously no debt adviser - leave that to the professionals. Worth an appt to go through worse case scenario stuff anyway and see what options you have.

Right so settlement on this one, you could speak to them - if you feel up for it... you can say to the claimant that now you have received the documents you want to discuss about getting this debt sorted and settled and go from there - it is likely to be a minimum of 70% but doesn't hurt to start at 50%... but ask them if they have a settlement figure in mind first - sometimes they suprise you. You'll get a bigger discount if it's a one off lump sum than installments but sometimes they will still discount if installments are over a sensible period. Its normally over and done with quicker on phone but remember you want them to send you confirmation of the agreement in writing before making payment. But don't over stretch yourself, if they took it to court and got a CCJ, then they would get what is deemed affordable for you based on your circumstances, so really offering to settle now, even at a discount, is more 'lucrative' for them. I haven't spoken with Lucas Credit before so I'm afraid I have no idea how nice or mean they are, but have to say most companies I have spoken with to sort settlements with have been lovely. ( robinson way wasn't very nice mind, but I was being a bit awkward and he was just trying to do his job )

If you really don't feel like calling them, then we can put a letter together, and it'll be a bit of table tennis letters for a while till you get agreement. We'll have to look at your circs a bit more, and you might actually be better off asking CAB for guidance with it as they will have the full picture.

How do I put a letter together please? My 30 days are running out and I’m a little worried as I’m not sure how to put this letter together. Would you be able help me please?

Thank you for all your help

Dan

[R0b]

Hi Dubbers,

I've posted on this thread because you've made a few posts elsewhere and it's probably best to stick to one thread so we can keep track of everything. I appreciate you haven't had a response but sometimes it might take a little while and you have to keep persevering. Anyway, that being said, I had a look through some of the examples I've drafted before and they weren't particularly suitable for what you are looking for, so I've done a quick draft example below to show you how you might respond.

The response below is based the fact that you are not making any admission of liability but if you have already admitted to Cohen Cramer that you owe the money, then you may wish to remove that point but otherwise, you should ensure that offers are made without any admissions of liability. I've left a few points in < > to indicate where some gaps will need to be completed by yourself. The offer is based on being open for 7 days but if you want to lengthen that period its up to you.

--------------------------------------------------------


<Creditor Name> v <Your Name>

Dear Sir or Madam,

I refer to the above matter regarding the <insert agreement> between <creditor> and myself whereby your client alleges breach of contract and is seeking an outstanding balance. I do not accept that I am liable to pay your client as alleged or at all. However, it would seem to be in the interests of both parties to settle this matter by agreement and without the need to resort to legal proceedings whilst incurring additional time and costs associated with litigation. This is especially the case where the amount sought by your client is likely to fall within the small claims track which, as you know, does not allow for the recovery of legal costs.

Accordingly, and without prejudice to any rights or defence that I may have, I would be willing to pay a sum of <amount> (which shall be inclusive of interest and other costs legal or otherwise) in order for this matter to be settled. I should make it clear that such an offer is made on the condition that there would be no admission of liability on my part and your client agrees to release and discharge me from all obligations and liabilities in connection with the above-mentioned agreement, including any and all future claims, demands, proceedings or otherwise whether or not made by your client or third party.

The offer will remain open for acceptance until 4pm on Friday 1 June 2018. If I do not hear back from you by this date then the offer will lapse and be withdrawn.

I trust your client will consider my offer carefully and look forward to hearing from you in due course.

Yours faithfully,

<Name>

[Sharcharries]

If the debt is more than 6 years ago no company can take you to court for payment. Usually debate SOLD onto debt recovery agents after 6 years. They can still pursue you for the debt up until 10 years, but they cannot legally enforce it against you (take you to court). Do not acknowledge the debt, dispute all knowledge and they cannot do anything to you. Hope this helps

[Dubbers]

If the debt is more than 6 years ago no company can take you to court for payment. Usually debate SOLD onto debt recovery agents after 6 years. They can still pursue you for the debt up until 10 years, but they cannot legally enforce it against you (take you to court). Do not acknowledge the debt, dispute all knowledge and they cannot do anything to you. Hope this helps

Ive got at least 18 months plus to go until these debts get to the 6 year mark. This current one is the smallest which I will be able to just be able to clear but I just recieved two letters from Lowell this morning making me 50% offfers for my bigger debts but I will ignore those letters as I know this can be a trap, so I will only ever respond if they send me a letter before court action, which they haven’t in the hope I can get the others past the 6 year mark.

Do you know how I can find out when these will reach the 6 year mark? I’m not signed up to any credit agencies to be able to check credit score details but I believe I’ve got 18 months plus to go.

[Dubbers]

Hi Dubbers,

I've posted on this thread because you've made a few posts elsewhere and it's probably best to stick to one thread so we can keep track of everything. I appreciate you haven't had a response but sometimes it might take a little while and you have to keep persevering. Anyway, that being said, I had a look through some of the examples I've drafted before and they weren't particularly suitable for what you are looking for, so I've done a quick draft example below to show you how you might respond.

The response below is based the fact that you are not making any admission of liability but if you have already admitted to Cohen Cramer that you owe the money, then you may wish to remove that point but otherwise, you should ensure that offers are made without any admissions of liability. I've left a few points in < > to indicate where some gaps will need to be completed by yourself. The offer is based on being open for 7 days but if you want to lengthen that period its up to you.

--------------------------------------------------------


<Creditor Name> v <Your Name>

Dear Sir or Madam,

I refer to the above matter regarding the <insert agreement> between <creditor> and myself whereby your client alleges breach of contract and is seeking an outstanding balance. I do not accept that I am liable to pay your client as alleged or at all. However, it would seem to be in the interests of both parties to settle this matter by agreement and without the need to resort to legal proceedings whilst incurring additional time and costs associated with litigation. This is especially the case where the amount sought by your client is likely to fall within the small claims track which, as you know, does not allow for the recovery of legal costs.

Accordingly, and without prejudice to any rights or defence that I may have, I would be willing to pay a sum of <amount> (which shall be inclusive of interest and other costs legal or otherwise) in order for this matter to be settled. I should make it clear that such an offer is made on the condition that there would be no admission of liability on my part and your client agrees to release and discharge me from all obligations and liabilities in connection with the above-mentioned agreement, including any and all future claims, demands, proceedings or otherwise whether or not made by your client or third party.

The offer will remain open for acceptance until 4pm on Friday 1 June 2018. If I do not hear back from you by this date then the offer will lapse and be withdrawn.

I trust your client will consider my offer carefully and look forward to hearing from you in due course.

Yours faithfully,

<Name>

Thank you so so much for this. So the creditor would be Lowell vs Me?
When you say insert agreement, would that be the credit agreement Cohen Craven sent me? I just want to make sure I’m writing the right things or inserting the right things please, thanks.

In the letter Cohen Craven sent, it mentioned to contact their clients collection agent, Lucas Credit services, so would I send this letter to Luca credit or also send it to Chen Craven and Lowell.

How much would you say I offer for this current debt, 25/30% of the current value of this debt as I’d imagine they will come back higher. I have also just today recieved two other letters from Lowell as I had other debts from shop direct. I will ignore those standard letters, as they’re offering me 50% offers to clear it but I believe those to be a way to just admit the debt which I’m not going to do, as the aim is to get to the 6 year mark but I’ve got a good way to go until I can get there’s I think.

[Dubbers]

Hi Dubbers,

I've posted on this thread because you've made a few posts elsewhere and it's probably best to stick to one thread so we can keep track of everything. I appreciate you haven't had a response but sometimes it might take a little while and you have to keep persevering. Anyway, that being said, I had a look through some of the examples I've drafted before and they weren't particularly suitable for what you are looking for, so I've done a quick draft example below to show you how you might respond.

The response below is based the fact that you are not making any admission of liability but if you have already admitted to Cohen Cramer that you owe the money, then you may wish to remove that point but otherwise, you should ensure that offers are made without any admissions of liability. I've left a few points in < > to indicate where some gaps will need to be completed by yourself. The offer is based on being open for 7 days but if you want to lengthen that period its up to you.

--------------------------------------------------------


<Creditor Name> v <Your Name>

Dear Sir or Madam,

I refer to the above matter regarding the <insert agreement> between <creditor> and myself whereby your client alleges breach of contract and is seeking an outstanding balance. I do not accept that I am liable to pay your client as alleged or at all. However, it would seem to be in the interests of both parties to settle this matter by agreement and without the need to resort to legal proceedings whilst incurring additional time and costs associated with litigation. This is especially the case where the amount sought by your client is likely to fall within the small claims track which, as you know, does not allow for the recovery of legal costs.

Accordingly, and without prejudice to any rights or defence that I may have, I would be willing to pay a sum of <amount> (which shall be inclusive of interest and other costs legal or otherwise) in order for this matter to be settled. I should make it clear that such an offer is made on the condition that there would be no admission of liability on my part and your client agrees to release and discharge me from all obligations and liabilities in connection with the above-mentioned agreement, including any and all future claims, demands, proceedings or otherwise whether or not made by your client or third party.

The offer will remain open for acceptance until 4pm on Friday 1 June 2018. If I do not hear back from you by this date then the offer will lapse and be withdrawn.

I trust your client will consider my offer carefully and look forward to hearing from you in due course.

Yours faithfully,

<Name>

Hi Rob, I know its a bank holiday, so i'm not sure if you will be online or checking your messages. I've got my letter ready to go as it needs to reach Lucas Credit services before the 9th of June as I was given 30 days from the date of the letter dated the 9th of May sent by Cohen Cramer. Now the solicitors are saying that I contact Lucas Credit services to discuss settlement proposals.

Would you suggest I send a copy of this offer to Cohen Cramer Solicitors and also to Lucas Credit services?

I'm also stuck or slightly confused with <insert agreement> what do I insert in that section? Or do you mean to include the credit agreement that was sent to me as I'm completely confused with that part?

Thank you for your time.

[R0b]

You refer to the agreement that they are claiming you have breached and owe money to them - if that is the credit agreement then you refer to that credit agreement.

If Cohen Cramer are stating you need to contact Lucas Credit Services for settlement proposals then you would probably only need to send to them, but to be on the safe side you could also send a copy to Cohen Cramer.

You should brace yourself also for the fact that Lucas Credit Services might reject your offer entirely, so don't pin your hopes on this letter being accepted.

[Dubbers]

You refer to the agreement that they are claiming you have breached and owe money to them - if that is the credit agreement then you refer to that credit agreement.

If Cohen Cramer are stating you need to contact Lucas Credit Services for settlement proposals then you would probably only need to send to them, but to be on the safe side you could also send a copy to Cohen Cramer.

You should brace yourself also for the fact that Lucas Credit Services might reject your offer entirely, so don't pin your hopes on this letter being accepted.

Hi, Rob. So would I just enter the account number for this debt in <insert agreement> or insert <credit agreement>. So theres no need to actually send Lucas Credit the actual credit agreement that Cohen Cramer sent me? just mention credit agreement in that section with the account number for reference? Just want to get this bit correct. Sorry for all the questions, as I'm new to this sort of thing, so just trying to get it all correct before sending.

As I'm sending this to Lucas Credit, would I quote Cohen Cramer's reference so Lucas Credit no which case this is or is the credit agreement, my name and account number enough information?

It possibly will get rejected but they've asked me to respond within 30 days with a settlement proposal, so I guess its a case of if they then offer me around a 50% offer.

Thank you.

[R0b]

Why don’t you just say “I refer to the credit agreement between ...” you don’t need to send any documentation to them.

If you have the agreement number you should also include that too, and any reference number for Lucas Credit so they can identify you - if can go above the main body of text underneath the address if sending by letter so for example:

Credit agreement number:<agreement number>
Your reference:<Lucas Credit reference number>

If you are sending by email you can either put the Lucas Credit reference number in there or put the above two reference numbers at the beginning of your email followed by the main text.

[Dubbers]

Why don’t you just say “I refer to the credit agreement between ...” you don’t need to send any documentation to them.

If you have the agreement number you should also include that too, and any reference number for Lucas Credit so they can identify you - if can go above the main body of text underneath the address if sending by letter so for example:

Credit agreement number:<agreement number>
Your reference:<Lucas Credit reference number>

If you are sending by email you can either put the Lucas Credit reference number in there or put the above two reference numbers at the beginning of your email followed by the main text.

Thanks for your help. My letter is all done and I'm ready to post tomorrow morning. Do you or anyone happen to know the correct address for Lucas Credit? I was only given a contact number to ring them, but i'd rather contact them by post.

Thanks.

[MIKE770]

Lucas Credit Services Ltd.
2A 606 Business Park, Staithgate Lane, Bradford, BD6 1YA

[Dubbers]

Lucas Credit Services Ltd.
2A 606 Business Park, Staithgate Lane, Bradford, BD6 1YA

Thank you Mike.