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Lowell Court Claim

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  • Lowell Court Claim

    I've gone through the process outlined here and finally received the attached response from Lowell Solictors. They have attached a credit agreement with no customer signature on and a statement showing purchases, returns and payments. What's the best next step?
    Morning,

    I'm trying to sort out the court claim my wife has had from Lowell in relation to an unpaid store card. I was planning to go through the process shown on here, my only concern is she did contact lowell via email (after trying unsuccessfully to create an account on their website) to try and setup a payment plan. So far all that has happened is that she has emailed them, and they have messaged back saying they need further details to clarify who she is. Do you think this will cause issues further down the line if we decide to fight the claim?

    Thanks
    Bump for help
    Tags: None

  • #2
    Bump?

    Comment


    • #3
      They are unsure if they would win a case. Rod*

      Comment


      • #4
        Hi - Your wife emailing them to set up a payment plan would only cause issues if you were seeking to rely on the Limitation Act but it doesn't sound like you are saying you believe the account is at or near 6 years unpaid/unacknowledged?
        In terms of the documents you have been sent, if the account is fairly recent, it is usual for it to be opened online with only a digital 'tick box' as signature. The Credit agreement is meant to be supplied 'together with' a statement of account. From your post it sounds like this has happened.
        Of course, there is never total certainty on Lowell winning a case but only you can decide if it's worth the risk. The only document you have not yet requested is the default notice; which could be acquired via a SAR to the original creditor, but again, more recent accounts usually do have the documents available upon request.*
        "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

        I am proud to have co-founded LegalBeagles in 2007

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

        Comment


        • #5
          Originally posted by MIKE770 View Post
          They are unsure if they would win a case. Rod
          Rod?? rob
          *
          "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

          I am proud to have co-founded LegalBeagles in 2007

          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

          Comment


          • #6
            Ooppss Rob

            Comment


            • #7
              Ok that’s pretty much what I thought, I knew it was a bit of a long shot with it being such a new account but going through the process gave it some breathing space.

              Do you have any experience of Lowell accepting offers, say 50% of the amount?*

              *

              Comment


              • #8
                I have seen Lowell accept offers that low (and lower) but usually when something has been found wanting in the documents. Having said that, they are far more likely to give a discount on F&F one off settlements than a monthly payment plan. Their current offer is a very small discount, I'd be tempted to write back, ask to see the default notice while offering a discounted settlement. (Did you ask to see it in the CPR request earlier?) FYI - Too much info in your attached photo so I shall remove it.*
                "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                I am proud to have co-founded LegalBeagles in 2007

                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                Comment


                • #9
                  Originally posted by Celestine View Post
                  I have seen Lowell accept offers that low (and lower) but usually when something has been found wanting in the documents. Having said that, they are far more likely to give a discount on F&F one off settlements than a monthly payment plan. Their current offer is a very small discount, I'd be tempted to write back, ask to see the default notice while offering a discounted settlement. (Did you ask to see it in the CPR request earlier?) FYI - Too much info in your attached photo so I shall remove it.
                  Thank you, I didn't ask for the default notice as it wasn't listed on the claim form.* They say that Lowell are awaiting further information from Simply Be so I don't know if its worth holding off a response to see what else they plan to do?* I hadn't noticed before but they were expecting a response by 5th June.

                  Comment


                  • #10
                    Just checking - exactly what stage are you at with the court claim? Have you submitted a defence? Please supply some timeline dates so we can check you are safe to sit tight.
                    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                    I am proud to have co-founded LegalBeagles in 2007

                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                    If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                    Comment


                    • #11
                      Originally posted by Celestine View Post
                      Just checking - exactly what stage are you at with the court claim? Have you submitted a defence? Please supply some timeline dates so we can check you are safe to sit tight.
                      Claim issue date was 17 March, the requests to lowell and lowell solicitors was posted about a week after that with a defence made within the timeframe allowed (I can't remember the date offhand but was the suggested timescale from here).

                      Lowell Solicitors then replied with the letter I attached dated 26 May and they put on the bottom "we look forward to hearing from you in relation to the above by 4pm 5 June).




                      *

                      Comment


                      • #12
                        Good - that's reassured me! OK so next step should be an allocation questionnaire. Just out of interest, can you post the exact wording of their particulars please. They must have used the word default somewhere? That seems to be the only outstanding document and it should be requested. Again if its a recentish account this should be attainable to them so probably will have to start pondering a settlement.
                        "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                        I am proud to have co-founded LegalBeagles in 2007

                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                        If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                        Comment


                        • #13
                          Originally posted by Celestine View Post
                          Good - that's reassured me! OK so next step should be an allocation questionnaire. Just out of interest, can you post the exact wording of their particulars please. They must have used the word default somewhere? That seems to be the only outstanding document and it should be requested. Again if its a recentish account this should be attainable to them so probably will have to start pondering a settlement.
                          Nope, no mention of default.* Thanks

                          Comment


                          • #14
                            Originally posted by Norwich80 View Post

                            Claim issue date was 17 March, the requests to lowell and lowell solicitors was posted about a week after that with a defence made within the timeframe allowed (I can't remember the date offhand but was the suggested timescale from here).

                            Lowell Solicitors then replied with the letter I attached dated 26 May and they put on the bottom "we look forward to hearing from you in relation to the above by 4pm 5 June).




                            *
                            Lowell Solictors have mailed us again saying they haven't heard anything, they still think the money is owed.

                            They have offered a slightly reduced lump sum payment or monthly installments.

                            If they don't get any money, the intend to reinstate the legal proceedings which are currently on hold.


                            Not really sure what to do now. The repayment plan would take 5 years to pay off and would then take another 6 years for all the defaults to clear off, I was hoping we could have a clean credit report before then.

                            From everything they have said it does sound like we are on to a losing battle if we took it any further

                            Comment


                            • #15
                              Originally posted by Norwich80 View Post

                              Claim issue date was 17 March, the requests to lowell and lowell solicitors was posted about a week after that with a defence made within the timeframe allowed (I can't remember the date offhand but was the suggested timescale from here).

                              Lowell Solicitors then replied with the letter I attached dated 26 May and they put on the bottom "we look forward to hearing from you in relation to the above by 4pm 5 June).




                              *
                              Morning, not sure if you saw my reply above. I'm guessing we need to arrange a settlement?

                              Comment

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                              SHORTCUTS


                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Directions Questionnaire



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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                              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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