Lowell End game

[smintram]

I received a letter of pre-action from Lowell's solicitors, Cohen Cramer back in Oct last year concerning an alleged catalogue debt. I requested all the information required as part of my defense. I finally hear from them nearly 100 days later. They sent me a CA with all T's & C's...interest rates etc, however not signed and no X in the box. Also a list of transactions, and a letter (Copy) informing me that the debt was assigned to Lowell...bla bla bla.
I am a realist, and understand that options are limited. Would I be better writing to their solicitor (Cohen Cramer) with a Full and final settlement offer? I don't have a lot of money, and I am already paying them back on a CCJ from years ago, which is going to take several years to clear at £20 a month.
The Debt is just over £2k, and wonder if it would be accepted, and what course to take if they reject it....also, what amount should I offer......thank you in advance.

[MIKE770]

when was this taken out - sit on your hands for now

[Amethyst]

I received a letter of pre-action from Lowell's solicitors, Cohen Cramer back in Oct last year concerning an alleged catalogue debt. I requested all the information required as part of my defense. I finally hear from them nearly 100 days later. They sent me a CA with all T's & C's...interest rates etc, however not signed and no X in the box. Also a list of transactions, and a letter (Copy) informing me that the debt was assigned to Lowell...bla bla bla.
I am a realist, and understand that options are limited. Would I be better writing to their solicitor (Cohen Cramer) with a Full and final settlement offer? I don't have a lot of money, and I am already paying them back on a CCJ from years ago, which is going to take several years to clear at £20 a month.
The Debt is just over £2k, and wonder if it would be accepted, and what course to take if they reject it....also, what amount should I offer......thank you in advance.

You might want to look at settling if the debt is valid, and you're nowhere near statute barred ( like did the debt default before 2013?) and you feel they have provided documents - the agreement doesn't have to have a signature, just be the one you would have signed at the time you opened the account, and the date should match up with your first statements etc. Any default notice at all? or date of default?

You could do a F&F offer if you were in a position to - but you'd likely be looking at over 50% probably 70%....but depends on the age of it. You don't want another CCJ at £20 a month as your other one is a few years old... and a new 6 years will feel lke an eternity... so you could look at an out of court offer of installments, but you would need to redo your IE sheet and calculate the payments prorata - the CCJ debt is priority - but if that isn't payments set by the court you might risk them trying to increase payments on that as well if your circumstances have improved.

[smintram]

Hi Mike, and Amethyst ...They have given me 30 days to contact their collection agency Lucas credit services to discuss any forthcoming settlement proposals, as they would prefer to avoid court proceedings. The CCJ payments were done through the court, as they done it through Northampton BC at the time. Unfortunately, the default was only in 2016, so only half way there. Call me brazen, but I was going to suggest offering them what they payed for the debt, and even that in two or three installments.

[smintram]

I don't know what your thoughts are on that, however, is there a template available anywhere that I could use for this?

[MIKE770]

they would not accept that in fact they would wonder if you are paying enough due to your inference you have a cash lump sum? if you have a CCJ payment plan that is it, they cannot force you to increase with out going back to court then they not necessary get an increase , seems to me yo be a ploy to get you worried, love to put the people concerned into a room and interrogate them - ooppssss not allowed to day that as they may make a mess within themselves lol see what Ame suggest

[smintram]

MIKE770 I haven't got a lump sum....would have to borrow of a relative in bits...Just want this to go away.

[Amethyst]

Its not going to vanish I'm afraid and if you don't contact them you are likely to get a court claim through and risk a further CCJ ... it sounds like they are willing to come to an arrangement so give them a call see if they can do installments or a reduced f&f settlement - you'll need to update your IE sheet to make sure any arrangement is affordable.

[smintram]

Amethyst I got a reply from their solicitors, who said that they rejected the offer of F&FS... and wants the full amount. They asked if I would be willing to provide them with more information in relation to my circumstances, so that they can decide how best to proceed with the account. I'm guessing they want an income & expenditure statement...or ? I have one prepared, whereby in all truthfulness, there are more outgoings than in-comings What in your experiences do you think they will do in that scenario? Could I ask them again perhaps, if they would reconsider the offer under the circumstances?

[Amethyst]

If you are negative then it's likely to be token payments and they will want to secure it with the judgment - if they do get a ccj then installments would be set at an affordable rate too sovthey wouldn't actually gain anything.

Just wondering, as this is with Lucas I think ? does this debt show on your credit file at all ? Any idea when it defaulted /you last made payments ?

Unfortunately, the default was only in 2016,

ok ignore me that answers that

[smintram]

Yes Lucas, and yes, its only 3 years old....would it therefore be worthwhile regurgitating that offer to them in the hope that they see sense. ..otherwise it would take over a hundred years to settle.

[xanderman]

I received a letter of pre-action from Lowell's solicitors, Cohen Cramer back in Oct last year concerning an alleged catalogue debt. I requested all the information required as part of my defense. I finally hear from them nearly 100 days later. They sent me a CA with all T's & C's...interest rates etc, however not signed and no X in the box. Also a list of transactions, and a letter (Copy) informing me that the debt was assigned to Lowell...bla bla bla.
I am a realist, and understand that options are limited. Would I be better writing to their solicitor (Cohen Cramer) with a Full and final settlement offer? I don't have a lot of money, and I am already paying them back on a CCJ from years ago, which is going to take several years to clear at £20 a month.
The Debt is just over £2k, and wonder if it would be accepted, and what course to take if they reject it....also, what amount should I offer......thank you in advance.

I understand u