Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

[Seeker2012]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

Have read a lot about the ins and outs of sending a Full and Final Settlement Letter. Can anyone advise of the format of this letter or point me in the right direction please? It appears to be crucial to get the wording right.

It would appear such offers etc can continue right to the wire. At the end of the day all I can do is explain again my financial circumstances to BWLEGAL and see if they choose to accept offer. Some friend shave agreed to lend me a small amount to see if this matter can be put to rest.

Thanks for any advice ( or templates for letter?)

[FlamingParrot]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

Have read a lot about the ins and outs of sending a Full and Final Settlement Letter. Can anyone advise of the format of this letter or point me in the right direction please? It appears to be crucial to get the wording right.

You may want to look at this post: http://www.legalbeagles.info/forums/...203#post454203

This thread should give you a bit of background on the subject: http://www.legalbeagles.info/forums/...ght=full+final

It would appear such offers etc can continue right to the wire. At the end of the day all I can do is explain again my financial circumstances to BWLEGAL and see if they choose to accept offer. Some friend shave agreed to lend me a small amount to see if this matter can be put to rest.

Thanks for any advice ( or templates for letter?)

There is also the option of settling via a Tomlin Order which would stay proceedings provided you keep up the agreed monthly repayments, however, they can request summary judgment if you don't. :mmph:

Before going further, can you tell us what makes you think you have to give up now?

[FlamingParrot]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

Thanks for all the information. If I am reading everything correctly it would appear I have no option but to capitulate here.

As an update... I sent an official recoded letter outlining my concern at the delivery of another persons details to me. I also requested again proper copies of Default Notice and Assignment.

I received a reply a few days later officially apologizing for situation and not unsurprisingly stating that there would be no further documents forthcoming. I am expected to present proposals or things move on to court.
I have never seen a default notice arrive at my address...however it appears that does not matter. The sheet they sent with a Database entry showing a date at which point a letter was supposedly sent is sufficient for their purposes. I am stuffed!

Most banks don't keep copies of default notices for practical reasons, they are just mail-merged from the database into a template where certainly variable fields are filled in from the database, i.e. your personal details, account number, amount in arrears and dates. They are just printed off and sent out, without being saved as individual files either electronically or in hard copy format. The database entry should be enough to show that one was issued, however, they are not sent recorded delivery so there would be no further proof. As in most cases banks DO send them, on the balance of probabilities it could well be accepted that one was sent.

A lot of DNs are defective because they either don't give you enough time to remedy the breach or quote the wrong amounts, however, the only people who are able to use that in their favour are those who have kept their own copies, for the reasons mentioned above. The bank could send a copy of their DN template letter but it wouldn't have the dates and amounts that would have been on your DN so it would be totally pointless. :mmph:

I will be writing today to acknowledge receipt of that letter.

As I have seen on many forums it would appear, seeing as I have no income beyond a small pension that I should begin by offering a percentage of the alleged debt. Also pointing out the alternative, if they succeed in court will be a probable award of £1 a month for the foreseeable future based on disposable income.

It seem to me that I have to at least be seen to engage in some kind of dialogue along these lines. Also it would appear that mediation crops up even if the case goes forward?

What's the status of this claim? Have they responded to your defence saying they wish to continue with the claim? On the N180 small claims directions questionnaire, there is a box you can tick to agree to mediation. Have you had that form yet? There was someone on here in a similar situation who arranged to pay £1 a month through the mediation service. :thumb:
Head spinning here really, but, as they say, the best way out is through.
it would be totally pointless. :mmph:

I am grateful for all the advice I have been given on this forum, it truly is appreciated. Conflicting comments and judges decisions etc on various forums does make finding a way forward hard though!

The various forums take different approaches, however, once you are in court is all down to the judge and that can also be a bit of a lottery. :juge:

[Seeker2012]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

At this time I have not received a N180 questionnaire. The last letter exchange between myself and BWLEGAL stated a reply would be coming from me by letter by Oct 26th. Already 1 day past that so I need to crack on. Historically things delayed (on hold) until now due to their cock-up with someones else's documents (See previous posts).

At present therefore as far as I know BWLEGAL have not yet continued on with Claim as they are awaiting my response. It seems there is enough paperwork for them to continue with the claim if they wish.

An Income and Expenditure estimate done through StepChange Debt Remedy online shows that BWLEGAL could only be offered £1 a month token payment. Therefore I am proposing offering them £250 ( kindly to be lent by a friend) as a Final Settlement figure. I will word the offer carefully as per example letter found. If they choose to go ahead with the Claim after that then the result (if they win) in court will be the same (probably £1 a month offer). I assume they would have to turn all this down in Mediation too before that.

I have equity in my home but I assume they cannot charge against that unless there was an Order I defaulted on?

[nemesis45]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

At this time I have not received a N180 questionnaire. The last letter exchange between myself and BWLEGAL stated a reply would be coming from me by letter by Oct 26th. Already 1 day past that so I need to crack on. Historically things delayed (on hold) until now due to their cock-up with someones else's documents (See previous posts).

At present therefore as far as I know BWLEGAL have not yet continued on with Claim as they are awaiting my response. It seems there is enough paperwork for them to continue with the claim if they wish.

An Income and Expenditure estimate done through StepChange Debt Remedy online shows that BWLEGAL could only be offered £1 a month token payment. Therefore I am proposing offering them £250 ( kindly to be lent by a friend) as a Final Settlement figure. I will word the offer carefully as per example letter found. If they choose to go ahead with the Claim after that then the result (if they win) in court will be the same (probably £1 a month offer). I assume they would have to turn all this down in Mediation too before that.

I have equity in my home but I assume they cannot charge against that unless there was an Order I defaulted on?

A CCJ must be in place before there can be an application for a charging order.
An application can be made at anytime once a CCJ is in place.

Make sure when you make your F & F offer, that you state that it is " made as a gesture of good will and without any admission of liability." Also add " The offer is made on condition that any remaining balance it not to be sold or assigned to any 3rd party for collection."

[Seeker2012]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

Thanks for that advice.

I'm guessing they might just go for a CCJ then regardless. Then, as soon as that is given against me.....immediately slap a charging Order on me. Or do I have to be seen to have defaulted in some way...even if it is a token payment?
Can a charging Order be contested on the grounds that a payment arrangement (even small) has not been defaulted on?

I emailed BWLEGAL yesterday to say it would be another week before my final response in writing due to illness (true...stress). I apologized for the delay.
I want to get things right before I send in anything in written form, albeit Without Prejudice. They have not responded yet.

[MIKE770]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

Charging orders can be got for anyone with CCJ regardless, the Tories saw to that couple of years ago, hope you did not vote for them

[Seeker2012]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

I see......But I assume that still means, based on affordable payment etc....they could still end up with £1 a month. It just means any balance payable would come out of estate upon death.

And presumably...one is still able to offer some kind of Full and Final Settlement deal at any point to the Creditor....even with the charging Order in place.

Are they able to apply Interest on top of any CCJ......so that the amount owing rolls up into ludicrous amounts?

It seems I have nothing to lose by making my initial offer to them shortly.

Thanks to all again for your ongoing advice.

[Seeker2012]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015 Consent Order

Sent the WITHOUT PREJUDICE off of £200 to BWLEGAL. Received letter from them today (07/11/2015)...saying they reject it on behalf of their client Lowell. However, they have enclosed a CONSENT ORDER for the original amount claimed plus costs (approx £2500)....and have said they will agree to £1 a month if I sign and return it within the next 7 days. They have NOT sent this WITHOUT PREJUDICE. I am trying to find all the info I can on this type of Order (this is a TOMLIN ORDER?). Is it worth just signing this off...or is it worth trying to find some more money from somewhere else and continue negotiating? Things have not got to the stage of court and mediation yet.......is it worth going down the mediation route etc BEFORE a final capitulation and signing the Tomlin Order? I realise they can go for Summary Judgement if a payment is missed for some reason. There is a clause in the Consent Order that says 'time is of the essence' in payments, which have to be on the 1st of the month. Any default resulting in judgement forthwith and extra costs ect...plus immediate 'enforcement'. It seems to me that if a payment is even a day late due to some glitch at the bank, they will pounce and go for judgement? Is that a usual tactic? Any advice on how to proceed welcome.....I do not want to rush into this. Should there be other terms I insist on seeing in the Consent order before I sign it. Is it worth still trying to negotiate the sum down to something that is within the realms of possibility in finding. Surely that would be in their interest too? Many Thanks.

- - - Updated - - -

Advice on the CONSENT ORDER received please? See other post....apologies posting here goes a bit awry sometimes. Thanks.

[Seeker2012]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

Have posted many recent questions about Consent Order....can someone PLEASE advise. Other forums and experiences appear to indictate BWLEGAL just trying it on. Why accepy £1 a month....over and above a lump sum offer. I'm NOt going to sign it.

[Amethyst]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

It may help to see a copy of the consent order. £1 a month does seem incredibly low and yes I would share your concerns that if you missed a payment they could just whack in a full judgment and enforce. I haven't read your whole thread so don't know the case, but will have a read back.

[Amethyst]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

Ahh

An Income and Expenditure estimate done through StepChange Debt Remedy online shows that BWLEGAL could only be offered £1 a month token payment. Therefore I am proposing offering them £250 ( kindly to be lent by a friend) as a Final Settlement figure. I will word the offer carefully as per example letter found. If they choose to go ahead with the Claim after that then the result (if they win) in court will be the same (probably £1 a month offer).

That explains why it is just £1 then. You could give them a call and tell them you find it slightly bizarre as it will take you 250 months to pay the same amount as you are offering as a full and final. They may have ideas that they will get the rest from your estate or something... - but otherwise it does sound like you are negotiations because they have a solid case, and it is either be ordered to pay £1 a month through court and have a CCJ against you or pay £1 a month through the Tomlin order and avoid the CCJ.

If I were doing a tomlin of £1 a month I'd set a standing order to go out 2 weeks before the deadline each month, and make the first payment £2, so that you know you are always in advance. I'd do it by standing order so you have full records of payments made on your banking statements.

Would still like to see the Tomlin suggested.

[Seeker2012]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

Hi,
thanks for response...much appreciated!

The offer was made by me to settle as it seemed from other threads here and elsewhere that there was nothing to lode by trying to end things early and to everyones benefit. Also, it makes the claimant aware of my financial situation.

I am 'negotiating' just to be seen to be amenable to reason...if things progress then mediation will be the same anyway. If it goes to judgement then I would rather be seen as having been reasonable.

I will try and upload some redacted docs here.
I am concerned there are no 'safety' clauses in there as I have seen in other orders. Also one doc mentions Tomlin Order..and another says Consent Order..it is my understanding these have different ramifications?

They are pushing for a 7 day sign off...I am not going to rush into that. Plenty of threads advise against it...especially if there are grounds for defence.

You will see the lack of Default Notice sent by them. Also one document states default date was in 2011. But 'statements' they sent are only for a total balance and dated from 2013 to 2014 (about 6 months of consequtive statements......how is this showing me how the owed amount was arrived at?.

After the Data Protection fiasco (see earlier posts)... I asked for certain documents to be resent to make sure I had the full picture. As the last mail out from them had obviously gone awry seeing as I had some of someone elses details. They have not done so. So I can only go on what I have. The court would be made aware of all this if things proceed.

It seems from other threads that a Creditor only wants Tomlin Order ( excluding safety clauses like 14 days to rectify missed payments etc), so that you effectively 'admit' to the debt. Then they can hit you right away with a judgement and enforce it.
It also seems to me that a Tomlin Order and enforcement could be seen as giving them unfair advantage over an existing creditor (County Council). I believe this is frowned upon by the courts?

Please comment on the paperwork... and advise on best way forward. I do not trust BWLEGAL in any way.

I shall be emailing them as a curtesy saying I will need longer then 7 days as I am taking further legal advice.

Many Thanks.


- - - Updated - - -

[Seeker2012]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

I have uploaded documents via another message on this thread. Any comments welcome... thank you.

[Amethyst]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

Sorry I missed your previous post - that consent order and schedule sounds fine. Are you going to pay by standing order a few days before the end of the month ? Then you have evidence of payments being made. They can't do anything unless you miss payments, you don't have a CCJ entered against you and you can pay at £1 a month. It is of course entirely up to you if you want to accept that or if you'd rather have payments through the court with a CCJ, or if you wanted to try and defend on the default notice issue - but you could end up of course with judgment for a larger monthly payment plus additional costs of the hearing etc.