Court Claim - Lowell

[rich110991]

Hi everyone,

I received a Court Claim letter today from Lowell.

I’m not 100% sure but I think it is for a loan that I took out with Avant Credit, who are no longer offering loans. I had a gambling addiction at the time and they gave me £500. I remember them trying to charge me different amounts, one minute it was £500 + £500 interest, then it would be something else in the next breath. I remember calling them and they were rude and would hang up on me when I tried to reason with them.

The claim is saying I now owe £777 and that I need to pay £100 per month, the first payment needs to be paid by 5th October 2022.

I live with my parents, I don’t own anything. I’m worried about what will happen next and I can’t really afford to pay £100 per month, and I don’t want to.

Is there anything I can do please??

Many thanks,
Rich

[echat11]

Hi Rich

Firstly try not to worry.

This isn't a priority debt, a Court will only ask you to pay what you can afford to pay, so if that's £1 a month, then so be it.

Who is this letter from? (I'm guessing Lowell's).

a) Send Lovell's a CCA request. They have 12 days to provide the agreement. Remember it's a loan that's s77. Make sure you get Proof of Postage.

b) Send Avant Credit a SAR request, they have 30 days to provide all the data on the account. Make sure you get Proof of Postage.

Keep on top of this.

[MIKE770]

CCA Request send with £1.00 postal order and get free proof posting from post office keep copy on file in date order

Subject Access Request Letter NO CHARGE but get proof posting and keep copy

[echat11]

CCA Request send with £1.00 postal order and get free proof posting from post office keep copy on file in date order

Subject Access Request Letter NO CHARGE but get proof posting and keep copy

Thanks Mike, I knew there was something I forgot.

[rich110991]

CCA Request send with £1.00 postal order and get free proof posting from post office keep copy on file in date order

Subject Access Request Letter NO CHARGE but get proof posting and keep copy

Thank you both, but where it says to write the name of the creditor, I don’t know for sure if it was Avant Credit??

[rich110991]

Also I’ve never sent a postal order? I’m not sure what to do. Am I sending it to Overdale Solicitors or Lowell?

[rich110991]

Before I send the SAR to Avant Credit, I need to know if the debt is for them don’t I??

[rich110991]

I’ve just found out that it is a phone contract?

[rich110991]

Can I offer Overdale £1 per month? I’d rather just do that to be honest. Unless I can ignore it.

[echat11]

Thank you both, but where it says to write the name of the creditor, I don’t know for sure if it was Avant Credit??

Can you check with a Credit Reference Agency? that should tell you what is what.

[echat11]

Also I’ve never sent a postal order? I’m not sure what to do. Am I sending it to Overdale Solicitors or Lowell?

You are sending it to Lovell's, you'll need to go to the post office.

https://www.postoffice.co.uk/postal-orders

[echat11]

Before I send the SAR to Avant Credit, I need to know if the debt is for them don’t I??

See post 10.

[echat11]

I’ve just found out that it is a phone contract?

You can send the SAR to the phone company.

[echat11]

Can I offer Overdale £1 per month? I’d rather just do that to be honest. Unless I can ignore it.

You can fill in an Income & Expenditure form, make an offer of payment to Lowells, if you can only afford £1, then tell them. Take into consideration the cost of living. It is pointless saying you can pay £XX, today, then finding out you can't because prices are increasing.

[echat11]

Also, write down all your questions then post them in one, so I can answer in one post rather then several.