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County Court Claim received Lowells help please

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  • Dazzle1969
    started a topic County Court Claim received Lowells help please

    County Court Claim received Lowells help please

    Hi I today recieved a CC letter from Lowells for 600 for a capital one credit card debt it states the date the debt was transferred to the debt collectors as 17/09/2020 but no date of original contract. Can I ask for a copy of the contract now that it has gone to court and use as a defence if they do not provide it? If i can what is the process I have no idea

    Appreciate any help
    Tags: None

  • echat11
    replied
    Originally posted by Dazzle1969 View Post

    Thanks do you mean pay in full at a reduced monthly amount? Do i have to agree a tomlin for that?
    A reduction on the total amount, you have nothing to lose, see if they will agree to a monthly payment on that figure.

    Leave a comment:


  • Dazzle1969
    replied
    Originally posted by echat11 View Post
    Don't phone them. Maybe if the guys advising on the thread agree, send a 'Without Prejudice Letter', try a figure you feel comfortable with.
    Thanks do you mean pay in full at a reduced monthly amount? Do i have to agree a tomlin for that?

    Leave a comment:


  • Dazzle1969
    replied
    Originally posted by MIKE770 View Post
    You could ask them but at this stage they have advantage forget hard copy irrelevant for now which way are you going??
    Which way am I going? Sorry i dont understand that

    Leave a comment:


  • echat11
    replied
    Don't phone them. Maybe if the guys advising on the thread agree, send a 'Without Prejudice Letter', try a figure you feel comfortable with.

    Leave a comment:


  • MIKE770
    replied
    You could ask them but at this stage they have advantage forget hard copy irrelevant for now which way are you going??

    Leave a comment:


  • Dazzle1969
    replied
    Originally posted by Celestine View Post
    A Tomlin Order is a document agreed between the parties that is then sealed by the court. An example would be ‘The defendant agrees to pay £30 per month until the debt is repaid’
    If you fail to make a payment the creditor can go straight back to the court and seek judgment, but so long as you do keep up payments you will not get a CCJ.
    Thanks again both. Could I call and ask for a final settlement figure or would they be unlikely at this stage to agree a lower figure than offered.

    Also are they not obliged to give me a hard copy of docs, like i say this was in junk and i wouod not have seen it? Thanks again

    Leave a comment:


  • Celestine
    replied
    A Tomlin Order is a document agreed between the parties that is then sealed by the court. An example would be ‘The defendant agrees to pay £30 per month until the debt is repaid’
    If you fail to make a payment the creditor can go straight back to the court and seek judgment, but so long as you do keep up payments you will not get a CCJ.

    Leave a comment:


  • MIKE770
    replied
    Agree Tomlin order with them of an affordable amount means keep to agreement then no CCJ

    Leave a comment:


  • Celestine
    replied
    In this situation where they have set out their claim quite clearly in this detailed response, I’d be fairly surprised if it became stayed. That tends to happen more when docs are outstanding.
    Most likely next step will be an allocation questionnaire from court asking for details to be able to set up the hearing. Hearings are not happening now till 2022, so it will be a long wait between allocation Q and hearing, however, s.69 interest will continue to accrue and further court filing fees will be added to the debt.

    Leave a comment:


  • Dazzle1969
    replied
    Originally posted by Celestine View Post
    Hi Dazzle

    Thanks for sharing this letter. It does look as if all documents outstanding have been supplied and therefore you would be in a weak position were this to go to final hearing. This is not particularly surprising because this is a 2019 account and document storage of CCAs is much more reliable.
    You have submitted a defence, so short term everything is stable, nothing is going to happen suddenly. Technically you could hold out and settle right up till a court hearing; which are taking months to happen currently.
    But to avoid a CCJ, you will need to try and get this money together and get it paid before it gets to that hearing. You could try writing back offering a lower amount or ask for a payment plan subject to a Tomlin Order.
    Thanks Celestine and MIKE770 for all your help.

    Should i sit tight and see if it gets stayed by the courts. Thr email they sent was in my junk folder and it was lucky i clicked on it as they havent posted a hard copy. by what you are saying nothing is happening quickly so if i sit tight it migh5 stop?

    What is a Tomlin order? Thanks again

    Leave a comment:


  • Celestine
    replied
    Hi Dazzle

    Thanks for sharing this letter. It does look as if all documents outstanding have been supplied and therefore you would be in a weak position were this to go to final hearing. This is not particularly surprising because this is a 2019 account and document storage of CCAs is much more reliable.
    You have submitted a defence, so short term everything is stable, nothing is going to happen suddenly. Technically you could hold out and settle right up till a court hearing; which are taking months to happen currently.
    But to avoid a CCJ, you will need to try and get this money together and get it paid before it gets to that hearing. You could try writing back offering a lower amount or ask for a payment plan subject to a Tomlin Order.

    Leave a comment:


  • MIKE770
    replied
    why are they MAY proceed? do not panic seems this is a long winded letter have you received the CCA?? ? seems why they are giving info you already know? probably another hope you concede on low amount? sure others will comment also. not the normal procedure for a lowells chader via outside so called solicitors, - suspect!

    Leave a comment:


  • Dazzle1969
    replied
    Originally posted by Dazzle1969 View Post

    Hi MIKE770 and Celestine I had this by email today. Please advise. Thanks




    We write further to receipt of your Defence.



    Account information

    To clarify, please find details of the accounts included within the Claim:



    Original Creditor: Capital One

    Client Reference:

    Agreement Start Date: 06/01/2019

    Last Payment Date: 30/06/2019

    Last Payment Amount: £30.00

    Default Date: 02/02/2020



    The original balance was £620.90. At the time of the claim being issued, our Client became entitled to add interest in the sum of £38.10 to the Claim amount. You also became liable to pay the Claim issue fee of £70.00 and fixed costs for issuing the Claim of £70.00. The total amount due under this Claim therefore stands at the sum of £799.00



    Numerous letters were sent to your current residence confirming the account had been assigned to Lowell Portfolio I Ltd. We have enclosed a copy of the Letter of Claim and the Notice of Assignment both sent to your current residence. Our Client made active attempts to resolve this matter by sending you correspondence and encouraging you to get in touch. You did not get in touch or dispute the Claim at any stage until this matter was issued. As such, our Client had no choice but to issue this Claim. Evidence of such contact will be disclosed to the Court, should this matter proceed to a Court Hearing.



    Note, the Notice of Assignment serves to evidence that a Legal Assignment of the debt has taken place, pursuant to s136 Law of Property Act 1925.



    Our Client sent clear and informed letters and recommended you seek independent legal advice if there was anything you misunderstood.

    The Letter of Claim enclosed highlights that ignoring correspondence would lead to a Claim being issued. Page 3 states clearly ‘If you fail to make payment or respond to this letter as set out in the enclosed documents within 30 days of the date of this letter, we will issue a County Claim.’



    You state in your Defence that you have not been in receipt of particular documents pertaining to your former Capital One account. As previously informed, the claimant raised queries to obtain the requested documents. Please find attached, the Original Consumer Credit Act 1974 regulated Agreement (complete with your e-signature); a copy of the Notice of Default pursuant to s85(1) of the Consumer Credit Act 1974, and the Itemised Statements. The statements show the transactional history of the account and evidence how the debt accrued. Once again, these documents will be presented as evidence if the matter progresses to a County Court hearing.



    Our Client have given you ample opportunity to raise a dispute, their intention, from Assignment, was to work with you amicably to arrange affordable payment. In light of the points above, the Claimant is firm in their position that you owe the full amount Claimed. However, they are prepared to offer you options.



    Our Client remain willing to reach an amicable resolution and bring the matter to a close. As a full and final settlement of the claim, our Client is prepared to accept the following:



    · A lump sum payment of £750.00

    · Or, two payments of £375.00

    Please contact our offices on 0333 111 0807 to discuss your proposals for repayment within 7 days of the date of this email. You may also wish to respond by email to help@overdales.com, quoting your reference in the subject line. Upon payment being received in cleared funds, our Client has instructed us to notify the Court the case has been settled and close the account. Please find our Client’s collection agent’s details below:

    Account Holder Name: Overdales Legal Limited

    Sort Code: 20 35 84

    Account Number: 73467015



    Please use your reference as a payment reference to ensure this is allocated to your account.



    In order to avoid the matter proceeding, our Client is willing to afford you the opportunity to pay the new balance without incurring any further costs. Should we fail to hear from you within 7 days, our Client may instruct us to proceed to a court hearing which will incur further costs and fees. This could result in a potential County Court Judgment in your name.



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



    You may wish to seek independent legal advice from the Citizens Advice Bureau or a Solicitor of
    Can anybody help me with this I have to reply. Im way out of my depth in terms of what i should or shouldn't be doing.

    Leave a comment:


  • Dazzle1969
    replied
    Originally posted by MIKE770 View Post
    MIKE770 Celestine have you any advice im worried as I dont know what to do with this. Any help from anybody would be appreciated. Thanks in advance

    Leave a comment:

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SHORTCUTS

Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire
Statute Barred Letter



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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