Advice needed please regarding notice of pending legal action

[R0b]

If you are sending by post, I would suggest that you send it first class and get a proof of postage receipt from the Post Office as evidence of it being send. If you want to cover your own back, you can also email them at help@lucascreditservices.co.uk but make sure to put in any reference number in the subject line.

[Dubbers]

If you are sending by post, I would suggest that you send it first class and get a proof of postage receipt from the Post Office as evidence of it being send. If you want to cover your own back, you can also email them at help@lucascreditservices.co.uk but make sure to put in any reference number in the subject line.

I'm gonna send it first class recorded and signed delivery first thing tomorrow.

[Setmefree3]

I'm gonna send it first class recorded and signed delivery first thing tomorrow.

Hi, don’t mean to crash this thread. I’ve also received a letter from Cohen Cramer stating notice of court action in the next 30 days. It states our client Lowell are now legally entitled to take court action and that miss setmefree entered an agreement with Argos on the 28/09/06. To be fair they have complied with a SAR and sent an unsigned copy of the agreement without the full terms and conditions and a signed application dated after the date miss setmefree entered the agreement. Naturally this matter has to be resolved in court.

[MIKE770]

a copy of one then, not copy of originql

Amethyst

[Amethyst]

Hi, don’t mean to crash this thread. I’ve also received a letter from Cohen Cramer stating notice of court action in the next 30 days. It states our client Lowell are now legally entitled to take court action and that miss setmefree entered an agreement with Argos on the 26/09/06. To be fair they have complied with a SAR and sent an unsigned copy of the agreement without the full terms and conditions and a signed application dated after the date miss setmefree entered the agreement. Naturally this matter has to be resolved in court.

The application is signed and dated later than the date Cohen state the agreement was entered into ? How long after?

[Setmefree3]

The application is signed and dated later than the date Cohen state the agreement was entered into ? How long after?

Hi Amethyst.
Agreement entered 8 days before application was signed according to Cohen Cramer letter. Though copy of agreement sent is unsigned, so if Miss Setmefree entered an agreement on the date they specified, why send a signed application and an unsigned agreement? Interestingly on application it says name of employer (left blank) time of employment 0 years 0 months but has a telephone number of a employer.

Just looked at particulars of debt. On the 28/09/06 you entered into an agreement with Home Retail Group Card Services Ltd, although the application states ARG Card Services ltd. this makes sense as Home Retail Group Card Services ltd was a name Change on the 24/10/06.

the unsigned agreement is also under ARG Card Services Limited. Under what to do now on the application no.5 states send both signed application and agreement back in the envelope provided. Application is signed and dated on the 06/10/06. The agreement sent as part of the CCA request is not dated or signed and states that it only contains part of the terms and conditions.

[Dubbers]

Afternoon everyone. Just an update as I recently recieved a response from Lucas credit services after sending them my settlement agreement letter. I also sent a copy of the same letter to Cohen Cramer solicitors just to cover myself. The first letter is dated the 5th of June 2018 and they have said they are willing to accept 50% of my original debt. I went in with 25%, so I knew that would be countered so I’m happy with paying 50%.

The part I’m unsure about is “partial settlement” Can someone advice me on this please. Does this mean the debt will be fully settled once I make payment of the 50% offer they have came back with or does this not apply?

Unfortunately I’m not able to pay 50% in one payment, it would have to be in installments as I just don’t have money like that to pay up front due to rent, bills etc.

I need some advice how I respond to this offer please?

I also two days later recieved a second letter form Luca credit services, please see second letter dated the 7th of June 2018. They have given me until the 29th of June 2018 to make payment, but I’m unsure how to respond or if I have to wait and hear back due to the second letter.

Thank you for all your help.

[Dubbers]

R0b Your thoughts on this Rob, what do you think?

Afternoon everyone. Just an update as I recently recieved a response from Lucas credit services after sending them my settlement agreement letter. I also sent a copy of the same letter to Cohen Cramer solicitors just to cover myself. The first letter is dated the 5th of June 2018 and they have said they are willing to accept 50% of my original debt. I went in with 25%, so I knew that would be countered so I’m happy with paying 50%.
The part I’m unsure about is “partial settlement” Can someone advice me on this please. Does this mean the debt will be fully settled once I make payment of the 50% offer they have came back with or does this not apply?
Unfortunately I’m not able to pay 50% in one payment, it would have to be in installments as I just don’t have money like that to pay up front due to rent, bills etc.
I need some advice how I respond to this offer please?
I also two days later recieved a second letter form Luca credit services, please see second letter dated the 7th of June 2018. They have given me until the 29th of June 2018 to make payment, but I’m unsure how to respond or if I have to wait and hear back due to the second letter.
Thank you for all your help.

[R0b]

Partial settlement really means that you are settling for less than the debt owed. This is probably going to be reflected on your credit file as partially settled and will remain there for six years.

I don’t know if you have any defaults on your credit report but you might want to check. Obviously from your perspective you want to keep yourself in the best possible position and that would be settling the matter and ensurE there are no adverse entries on your credit report.

The example settlement letter does not cover the removal of adverse entries so you would need to incorporate that if you so wished, particularly if you are going to make a concession and pay them a larger amount of the debt. Alternatively you could suggest that the account is marked as settled instead of partially settled. Personally I don’t like the use of the word ‘partial settlement’ because common law dictates that a part payment of debt does not discharge your liabilities and you could be pursued for the remainder of it in the future, hence the letter said full and final settlement and that they agree you will no longer be pursued for the debt.

Its all a game of risk and chance, who has the best nerves to get what they want. Given that I think you’ve already mentioned that this amount is owed, you might not get away with removing adverse entries but a partial settlement is probably better than a CCJ for the full amount.

[Dubbers]

Thank you for your help Rob. I not to worried about anything appearing on my credit file a second I know it’s not great as I owe a few other debts which I couldn’t afford to repay when I was made redundant years ago.

i didn’t like the term “partial settlement” either, as it sounded like they could possibly chase me latter down the line.

How would you suggest I respond to their letter? I’d rather include that it have the wording settled instead of partial just to give me peace of mind. I’d rather pay this in a few installments as I don’t have that sort of money to pay in one go. I’m just stuck on how to put this letter together and how to reply back to them.

Partial settlement really means that you are settling for less than the debt owed. This is probably going to be reflected on your credit file as partially settled and will remain there for six years.

I don’t know if you have any defaults on your credit report but you might want to check. Obviously from your perspective you want to keep yourself in the best possible position and that would be settling the matter and ensurE there are no adverse entries on your credit report.

The example settlement letter does not cover the removal of adverse entries so you would need to incorporate that if you so wished, particularly if you are going to make a concession and pay them a larger amount of the debt. Alternatively you could suggest that the account is marked as settled instead of partially settled. Personally I don’t like the use of the word ‘partial settlement’ because common law dictates that a part payment of debt does not discharge your liabilities and you could be pursued for the remainder of it in the future, hence the letter said full and final settlement and that they agree you will no longer be pursued for the debt.

Its all a game of risk and chance, who has the best nerves to get what they want. Given that I think you’ve already mentioned that this amount is owed, you might not get away with removing adverse entries but a partial settlement is probably better than a CCJ for the full amount.

[Dubbers]

I’m gonna reply back to the letter and ask if I can pay this in installments as I can’t afford to pay it in one lump sum. Anything I should include in the letter? Thanks for your help all.

[Amethyst]

The Partiy Settled will appear on your credit file, it'll show a 0 balance, and the account will move to closed accounts section of the credit file, but will only remain there for 6 years from the original Default Date.

I've done a couple recently, just waiting for it to update on Noddle but it's updated on Clearscore already ( settlement confirmation letter was 26/5/18 )

so... Intrum I settled in Feb ( for 30% ) and shows like this on Noddle... it'll fall off the file in October 2021




and Hoist I settled in May (for about 60%) and although Noddle doesn't update for a couple more days, it's showing on Clearscore as Closed and £0 balance... and it will fall off January 2022.

You obviously get a better % discount if you pay in a lump sum than by installments, and paying by installments won't see it marked as settled until the last payment is made as agreed.

[Amethyst]

I did deal with it on the phone to make the offers and get their acceptance but ensured they put what I agreed with them in writing ( by post ) before I made the payment.

[Amethyst]

Dubbers

[Dubbers]

Dubbers

Thank you for your help. Sorry I didn’t reply straight away, I’ve been doing night work, so haven’t had time to come online much. They’ve offered me 50% after I went in with a 25% offer of what I owe. Unfortunately I can’t pay 50% which is about £400.

Im gonna email them instead of sending a letter back but I will also ensure they confirm the final offer In writing. How would I create a reply email/letter to them explaining that I don’t have that sort of money to make a one of payment by the end of June? I could by the end of next month in July, other wise I will need to pay it in a few installments.

Thank you as always for all the help you have given me from when I first posted months ago and I also thank everyone else for all your help.

i just want to try and get this debt out the way and deal with the other ones if they go down this route In the future.