LOWELL County Court letter help

[MrFeud]

New email from lowell.


Dear *********

We write in reference to the below email. We note your monthly offer of payment.

As there is a live claim, the matter will have to be formalised by way of Tomlin Order. A Tomlin Order is an agreement between both parties which stays legal proceedings for the purpose of a settlement. Under a Tomlin Order you will maintain a monthly repayment arrangement until the outstanding balance is cleared. Should you fail to maintain the monthly arrangements, our Client will be at liberty to enter a County Court Judgment against you for the full outstanding balance.

Please note there is Court fee of £100.00 to seal the Tomlin Order which will be reflected in the full and final settlement offer.

If you are in agreement of this, please sign page 1 and return the Draft Order within 7 days from the date of this email. Alternatively, you can send a clear scanned copy of the draft Order to us by email to help@lowellsols.co.uk.Please note that if the draft Tomlin Order is not returned by the date specified, our Client may instruct us to take further action.

You can obtain independent legal advice from the Citizens Advice Bureau or a solicitor of your choosing.


We look forward to hearing from you.

Yours Sincerely,

Lowell Solicitors Limited

[MrFeud]

What should I do?

[MIKE770]

your choice they them get away with it or see if they proceed by paying to continue = no two cases are the same BUT lowells try everything up to the last minute before they loose any refunds of their court fees, read around the net about lowells and read procedures they use and last minute withdrawals if they feel they have no prospect of winning, a game of nerves, it is easy to say agree and make a Tomlin order BUT do you owe them monies? up to them to prove it, too many people panic ( human response) and give in when proof has not been made that they owe the people anything, but the choice you have to make??

Lowells going for agreement now makes me suspect they hope you cave in??

[MrFeud]

Well they have all the documents requested so it's like black and white proof I dont see how I could win?

[MIKE770]

duplicate

[MIKE770]

has anybody seen those documents i.e the CCA and stated it is enforceable or not??

[MrFeud]

I have attached screenshots of documents instead of pdf here are the links:

https://ibb.co/f9bxHVd
https://ibb.co/6Fn9qc6
https://ibb.co/bH7QhwP
https://ibb.co/ZgWX7sB
https://ibb.co/YNjfMck
https://ibb.co/F72hT9C
https://ibb.co/drJjbVy
https://ibb.co/pQSSccw
https://ibb.co/HDpPPkq
https://ibb.co/vJf2hFr
https://ibb.co/kKvRkr6
https://ibb.co/ThH7bjj
https://ibb.co/PMCNmVV
https://ibb.co/v33wBM1
https://ibb.co/27sLL13

[MIKE770]

look CCA copy redacted not the library

[MrFeud]

I dont understand

[Celestine]

MrFeud - I'm sure this is very stressful for you, some people thrive on the fight, but most do not, it is certainly not an enjoyable position to be in.
Yes, you could play a waiting game with Lowell, see what happens when they apply to lift the stay.
I've taken a look at the documents you attached to post #11 and as far as I can tell, they all look in order.
I do not believe Lowell will just forget about you, this will eventually come to a head and need tackling. Unfortunately there isn't anything in your documents that make me believe they would discontinue near trial; which they very often do for accounts which have not produced proper CCA compliance or have other serious flaws such as Limitation Act dispute.
To me, it is a simple matter of what is best for your mental health and well-being and that is absolutely your choice, I only hope we have helped you make sense of the process you have been through.