Claim form Lowell Portfolio - Capital one card from 2008

[MIKE770]

mediation should be YES save as to court time (show willing) only then no documents then if still no documents tell them,mediation cannot take place and court informed of the situation. please ask here before sending forms back as it is in bad light to refuse save as to court time??

lowells are well known to hang out towards the end Amethyst

[noledud]

Hi thanks for the reply, it’s past that point now.

the court ordered they provide the docs

they have now provided the docs and have offered a tomlin for the full amount paid how I like.

[MIKE770]

Do nothing yet help on way. Amethyst

[Amethyst]

Hi all

have some updates and need some advise please

Had the questionnaire and returned that (said no to mediation as I still had no docs from Lowell)

Then got a letter saying it was transferred to my local court

next letter gave claimant two weeks to produce documents or case will be struck out.

then A’s if by magic Lowell send us the docs - it’s like they could get them very easy but only bothered once it got to this stage.

so I now have the agreement which is very granular and I doubt I can even make the terms out but it might just be a poor copy

they have provided the notice of assignment which was sent to an old address

the cover letter lists different phones calls and payment up to 2015

they have offered I say how much per month on a Tomlin order but the figure is now over £1200

Take it my options are now very few.

im happy to pay a reasonable amount but not the over inflated figure being suggested

can you please provide any help ? Can I go to them with an offer of 50% to end it ?

or do I need to look in detail what they have sent me ?

Good news on the order to produce the documents.

What were they ordered to produce and what did they actually produce?

Sounds like a poor copy of the agreement - does it contain all the terms ? Is it a copy of the original signed agreement? I mean it's not a recon as that would be legible - not an online agreement ( even though it was 2008 ) as that'd be a legible print out too.

Any sign of any default notice ? was that ordered ?


The Tomlin will be inflated for the £100 court fee to seal the agreement made. It keeps it from going to a CCJ. Yes it is of course still open to you to negotiate a full and final settlement, depends what flaws they have in the documents what's possible.

[MIKE770]

Usually at this point they discontinue after a week or so??

[MIKE770]

Not guaranteed though

[Matty B]

Have they actually said any amount you like or is it a negotiated amount?

If they are offering you any amount you like, that makes me wonder what they are up to as you could offer £1 a month=£12 a year so in 100 years you would have paid £1200 - are you going to live that long?

[noledud]

The were ordered to produce the agreement and notice of assignment that I requested

default notice has clear dignities but the small print is all blurred so can’t tell you if it has everything

they never stated default notice on claim so it’s never been requested

I hope they discontinue but I’m not sure

they said they have left the amount blank for me to state how much I can afford but the letter reads that this is the agreement I fill in the blank and sign

[MIKE770]

more like they are begging for coffers!///

[Amethyst]

Did you plead the lack of default notice in your defence?

What did the court order to provide documents actually ask for ? just agreement and assignment?

[noledud]

No I made no reference to the default notice because they didnt

i read you only ask for what they refer to ?

my defence was I don’t know the debt please can I have the agreement and wouldn’t this be statu barred ?

[noledud]

Yes just the agreement and assignment

thanks for your replies - makes me feel not so alone

[Amethyst]

No that's fine. We know it's not statute barred as there were payments to 2015.

What did the order state after the claimant had complied with the order ? Anything about you submitting an amended defence ?

[noledud]

That’s next I’m hoping I only just got the letter from court asking for the docs then 2 days later they sent them me.

i presume they have sent them to the court as well

[noledud]

Got home to another letter from Lowell

they state in compliance with the terms of the order please find enclosed

agreement
notice of assignment

Then goes on to say it is evident from the enclosed documents that your defence is without merit and you remain liable to our client for the full amount claimed

we will consider a sensible settlement proposal to avoid the expense of further litigation and therefore potential costs and fees being added to your debt.

then asked me to call or email with an offer of payment plan or one off payment then states if I don’t they will ask the court to strike out my defence and go after the full amount etc

my question is will the court ask me to amend my defence or am I best trying to reach an agreement ?