Claim form received Lowell.. Shopdirect and capital one. Help needed

[sally2020]

Hi I've got a CCJ claim come through today from county court and lowell are theithe claimant...want to know if it's possibls to setup a payment plan with Lowell directly and sorry if I needed to create a new thread I'm new on this

[ostell]

Yes you need to start your own thread. Hijacking others is not appreciated.

[Token23]

All I had response from Lowell see below, can I negotiate settlement or plan? What's your thoughts please -

We note from your Defence that liability is denied in respect of the Claim and the debts that form it, and that you request evidence in support of the Claim. We can confirm that documentation in support of the Claim has been requested from the original creditors and may be supplied to you on receipt.
We note from reviewing the file that complaints have previously been raised in respect of this matter, whereby our client and our client’s collection agent, Lucas Credit Services Limited have issued responses. We have subsequently been instructed that further complaint and Data Subject Access Request is currently being dealt with by our client directly, and you should receive a response in respect of this in due course. We note from those complaints that these debts have been referred to the Ombudsman for investigation, but as confirmed previously no confirmation has been received of the complaints you state were escalated with the companies and the Ombudsman in this matter
Our Client is satisfied that they have a valid claim against you and that you are liable for the outstanding balances due on the above accounts.
We can confirm that payments were being made in respect of these accounts, directly to our client. The last payment received by our client in respect of Account 1 was November 2018 in the sum of £xx. Similarly, the last payment received by our client in respect of Account 2 was october 201 in the sum of £xx.

At the time of the claim being issued, our client became entitled to add interest in the sum of £xxx to the claim amount. You also became liable to pay the claim issue fee of £xxx and fixed costs for issuing the claim of £xxxxhe total amount due under this claim therefore stands at the sum of £xxxx.

In order to avoid the matter proceeding, our client is willing to afford you the opportunity to pay the outstanding balances without incurring any further costs. It is our client’s intention to allow this Claim to become stayed so that you can make monthly payments towards the full balance of the Claim, without incurring a County Court Judgment or any additional costs. Please contact our offices to discuss your proposals for repayment within 7 days of the date of this letter.

Should we fail to hear from you within 7 days, we have been instructed by our client to proceed with the Claim with the intention of requesting that your Defence be struck out and a County Court Judgment be entered against you. This will incur further costs that we will seek to recover from you.

Payment details have been attached to this email for your reference.

We trust further action will not be necessary and look forward to hearing from you.

Yours sincerely

Lowell solicitors

[Token23]

Any updates anyone, appreciate response to my previous post?

I send my thanks in advance

[Token23]

Can someone please help me I received this letter -Notice of transfer of proceedings, it appears the small claim mediation team has arranged for my case to be transferred to a hearing centre.

Can you please let me know what this means?

Both combined debts with lowel (shop direct and capital one) are still with the Financial Ombudsman to review a complaints.

Lowell confirmed in writing before Christmas, once the outcome of the complaints from on the Financial Ombudsman have been complete, they are prepared to discuss a settlement for debts, however meanwhile they continued to proceed with court process.

Please let me your views and what options I have?

Many thanks

[Token23]

This was the last response I has from Lowell in October -

As requested, I would like to confirm the details of our conversation in email form for your records.

I can confirm that the initial view in respect of this Claim was to allow the matter to become stayed to afford you the Ombudsman to the opportunity to provide an outcome to the complaints raised by you. On receipt of the email confirmation of the complaints to the Ombudsman, I referred the matter to my client for further instruction. It was noted that the Ombudsman had provided a time of four months to investigate the matter fully. My client provided instruction to proceed with the Claim to protect their position in the matter, with a view that the Ombudsman should return a response before directions are set by the Court.

It was my intention to call you directly on Friday 16 October 2020 to update you with this information and notify you to expect our client’s Directions Questionnaire in the post. But due to unforeseen circumstances I have not been in the office since Thursday 15 October 2020. I offer my sincere apologies in respect of this, and the confusion it lead to.

As confirmed, should the Ombudsman uphold the complaints then the appropriate action will be taken in respect of the Claim. Similarly, should the Ombudsman not uphold the complaints then our client may proceed with the Claim. Although, we note that should the complaints not be upheld with the Ombudsman, you have expressed an intention to settle the Claim, which may be discussed when that time comes.

I would like to also point out that further instructions may be sought from our client throughout this litigation process, but I will endeavour to update you accordingly should any changes occur thus alleviating any further confusion that may occur.

Should directions be received before the Ombudsman outcome, I will seek firm instruction from my client in respect of how they wish to proceed with the Claim.

I invite you to contact me directly should you have any further queries in the interim.

[MIKE770]

Example Defence amend and delete anything not relevant