Claim form Lowell Portfolio - Capital one card from 2008

[Amethyst]

Post #23 https://legalbeagles.info/forums/for...45#post1495245
you mention default notice - can you just clarify that pls

[noledud]

sorry that should have read agreement

[noledud]

Amethyst did you get my last message ?

[Amethyst]

Ahhh okay, so no default notice...

Dear Lowell Solicitors,

Thank you for your recent letter and enclosures of a notice of assignment and copy of the agreement. In your previous letter, dated xxxx 2019, you stated you had "

enclosed copies of statement, credit agreement, default notice and the notice of assignment for your reference" however, the only documents enclosed with this letter were the credit agreement and notice of assignment. I would be grateful if you could provide the default notice and statement copies by return. Once these have been provided I will be in a position to consider my position further.

Kind regards

xxxxxxx

[noledud]

Hi All

Amethyst and Mike770

Ok update on this

The court have ordered both parties must go to mediation and they have ordered the claimant send all relevant paper work they will be using in court to both the courts and defendant by 31/12* *- i have 7 days to call and arrange - Needs doing today

Lowell have sent the default notice - Sent to an old address so not sure it was actually served.

The default notice is 2014 so Lowell have quite rightly pointed out its not statue barred but have continued to press for an offer from me for resolution.

I take it my options are now just to try and reach an agreement ?*


*

[noledud]

Amethyst MIKE770 any ideas ? Getting really worried now we have a date set, feels like I’m running out of road.

[noledud]

As the court ordered they STRONGLEY suggest we enter mediation I have the date now booked.

they have provided me all the documents but I’m still not happy with the case for the following reasons

1. The balance the limit on the card was £600 and it wasn’t even around the £500 mark balance wise before the default and fees. I’m betting a lot of that £500 balance was fees as well

2. The default notice was sent to our old address which we had moved out of 6 months before. My partner says she informed them when we moved out but I doubt I can prove that unless I can make them go through recorded calls ? - if this was sent the plain English may have made my partner look to me for help and all this avoided.

so they appear to be my only points now - can I realistically use the above to negotiate a reduced settlement ? We don’t have much cash but I’d rather offer a ffs to get it over with. I’m thinking if they don’t agree to a reduced amount I will offer £1 a month or go to court ?

any tips or help would be appreciated*