Lowell Capital One Claim

[MarnieT]

Hi guys. I've now received a letter from lowell with the credit agreement attached and it's offering a tomlin order? What should I do now? Should I accept it? Thank you

[MIKE770]

no not at this stage as many of their copies are non enforceable,, send copy to Amethyst to check for you, lowells get it wrong so many times in the hope you believe them

[MarnieT]

It also says the amount payable is over 750! The amount outstanding was 200! Should I upload a redacted photo? Thank you

[Amethyst]

Is the claim for £500 plus costs and interest ? Havevthey added a further £100 on for filing the consent order?

Yes a redacted copy of agreement and Tomlin would be great. If doing pics via your phone, screenshot the photo as it gets it down to an appropriate size to upload.

[MarnieT]

The actual credit agreement is TINY writing, I think taking a photo would render it unreadable. What's the chances it's unenforceable? I think unlikely. Though no one replied to the CPR or SAR. I will do the tomlin now. It said outstanding balance was 500 which was with interest etc.. But the tomlin is asking for 760.

[MarnieT]

It still says my photos are too big?

[MarnieT]

I've even tried taking screenshot of the screen shot and it still says too big. Should I scan it and upload?

[MarnieT]

The tomlin order says....

By consent it is ordered that:
1. All further proceedings in this claim be stayed except for the purpose of carrying out the terms of the schedule attached to this order.
2. Each party shall have liberty to apply to the court if the other party does not give effect to the terms set out in the attached schedule.
3. There be no order as to costs.

(then asks for us both to sign it).

Schedule....

1. Defendent agrees to pay the claimant the sum of 761.38 (the settlement sum) including costs, fees and interest, in full and full and final settlement of the claim.
2. The settlement sum is to be paid by the Defendant at a rate of £___ per month commencing on the _____ and therefore on the _____ day of each month until the settlement sum has been aid.
3. Should the defendant default on the above, the claimant is at liberty to enter judgment against the defendant for the claim value less any payments made, together with the costs of entering the judgement and any costs associated with requesting the judgement.

[MarnieT]

The agreement is the tiniest writing I've ever seen, not sure how to upload it.

[Amethyst]

Its likely to be enforceable yes, taken out online in 2016 wasn't it?

Whats the Total amount on the claim form ? ( the final figure including costs )

[Amethyst]

The tomlin order says....

By consent it is ordered that:
1. All further proceedings in this claim be stayed except for the purpose of carrying out the terms of the schedule attached to this order.
2. Each party shall have liberty to apply to the court if the other party does not give effect to the terms set out in the attached schedule.
3. There be no order as to costs.

(then asks for us both to sign it).

Schedule....

1. Defendent agrees to pay the claimant the sum of 761.38 (the settlement sum) including costs, fees and interest, in full and full and final settlement of the claim.
2. The settlement sum is to be paid by the Defendant at a rate of £___ per month commencing on the _____ and therefore on the _____ day of each month until the settlement sum has been aid.
3. Should the defendant default on the above, the claimant is at liberty to enter judgment against the defendant for the claim value less any payments made, together with the costs of entering the judgement and any costs associated with requesting the judgement.

That's pretty standard, and would be fine to go ahead with as long as you can agree an affordable figure. If you miss a payment it will go back into court and to a CCJ so make sure it is viable long term. Does it ask for an additional £100 to lodge the consent order?

[MarnieT]

The actual original claim was for 495? So if I pay it without a tomlin it's still 495? It doesn't say how they got to the 761 at all!

[MarnieT]

Hi guys, can I just check that if I refuse the tomlin the amount owed is still £495? If I left it to go to court would it still be £495 to that point? Thank you

[MIKE770]

Tomlinson court order before court case + £100 & that amount, court case heard and you win no cost,. loose then cost + the mount above you would have to pay

[MarnieT]

Hi guys just thought I'd come and update this. I had three offered of a tomlin order... I rejected all three ans was going to court next month. Out of the blue today I've received a letter of discontinuence! Thank you for your advice and good luck to everyone else fighting these vultures.*