Could anyone explain a Consent Order - From Overdales Solicitors on behalf of Lowell

[diabla]

Good Afternoon Legal Beagles,

This is my first time on a forum, so please be gentle...

I was wondering if anyone could advise me regarding an offer from Overdales legal team, on behalf of that wonderful company 'Lowell'!

They have said they are willing to accept the sum of £2000 to be paid monthly in instalments of £50 per month in full and final settlement of the claim.
Upon full and final settlement being received, they will notify the court that the claim has been settled which will end legal proceedings and close my account.

*"Please note that this will need to be settled via a Consent Order which we can send you once you confirm whether you are in agreement with the above offer."

I have not previously heard of a consent order, most of the information online is linked to divorce proceedings.

I have two questions;

What is a Consent Order
Can I make a lower offer whilst still paying the £50 per month

I am sure you will require further information.

Many thanks

Tags: None

[MIKE770]

If they have outstanding documents then it is usually their last stand before discontinuing

[diabla]

Hi Mike,

Interesting... they have sent me some documents, but the agreement is a generic agreement with my name typed (not in the format I would ever use) I am right in believing that they would have to prove an electronic trail of an agreement signed in this manner?
The signatory of the company on the alleged agreement now works for Lowell/Overdales...Interesting.

[MIKE770]

after april 2007 CCA on line is acceptable with just a x on line , when was yours taken out>

[diabla]

After 2007, but I thought even if it was an 'X' in the signature they have to show the path such as email or electronic signature trail.

If I did decide to take the offer, do you know what a consent order is and the process works, as I do not trust either Overdales or Lowells.

Thank you

[MIKE770]

consent to pay so much a month, failure would lead back to court.

but as i stated most cases it is a last hope they have before discontinuing? but the choice is yours!

[diabla]

Hi

I have decided to make an offer to pay 50% of the alleged debt in full now - They have offered £2000 at £50 per month however, my offer would be £1000 in a one-off payment.

Would this option still require a consent order or if Overdales (complex case department) agree on the amount would they let the court know we had paid in full and it would show as settled.

I presume I would use 'Without Prejudice' and 'Alleged Debt'

Would you have a letter template I could use or advise on what should be included?

I have many issues going on at the moment, which I am sure is the case with many people but I just need this one element of stress to be removed from my life.

I would greatly appreciate any help you or anyone could offer me. I have to reply by tomorrow.

Many many thanks.

[MIKE770]

yes consent order signed both sides

[diabla]

Would it be possible to help me write either a reply to their email or a letter, offering the 50% (£1000) I don't want to include something that they can use against me later?

Shall I post or send you the email they sent me?

Sorry to sound so needy but I don't have anyone to discuss this with.

Thank you.

[MIKE770]

just e-mail "without Prejudice" alledged offer £xxxx as full final., you can only ask!

[echat11]

You can use this one, just amend it, take out bits that don't apply, add bit's that apply. Email it to them.

https://www.nationaldebtline.org/sam...lement-offer/?

[diabla]

Thank you both I really appreciate your time.

I will write a reply to their email tonight, this is part of the email they sent me.


We write further to the above matter and attach the credit agreement, screenshot of Shop Direct’s system showing when the default notice was sent, the statement of account and notice of assignment.



Further to the above our client is willing to make an offer of settlement favourable to both parties in order to settle the matter at this point without the need for the matter to proceed to a hearing.



Our client is therefore willing to accept:

· £2000.00 to be paid in monthly instalments of £50.00 per month in full and final settlement of the claim.

Upon full and final payment being received, I will notify the Court that the claim has been settled which will end legal proceedings and close your account.



Please note that this will need to be settled via a Consent Order which we can send to you once you confirm whether you are in agreement with the above offer.



If a settlement cannot be reached, our client has instructed us to proceed to a court hearing which will incur further costs and fees.