Lowell Court Claim

[Norwich80]

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

[Norwich80]

Bump?

[MIKE770]

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

[Celestine]

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.*

[Celestine]

They are unsure if they would win a case. Rod

Rod?? rob
*

[MIKE770]

Ooppss Rob

[Norwich80]

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?*

*

[Celestine]

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.*

[Norwich80]

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.

[Celestine]

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.

[Norwich80]

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).




*

[Celestine]

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.

[Norwich80]

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

[Norwich80]

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

[Norwich80]

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?