MCOL Lowells

[tiberius]

Hi,

Please could someone help me with the following.
I received a claim form from Lowells for a debt I recognise and owe. I intend to repay the original sum, without their additional charge. They have agreed to accept this over 3 months.

I have filled a acknowledgment of service. My question is they are saying if I keep to the repayment agreement they will discontinue in 3 months. However I am unsure how this would affect the claim as I don't want them getting a default judgement - do I need to insist they end the claim? Or should I file a defence to protect my position, it would be a partial defence as I don't agree they have given me the opportunity to repay before issuing the claim.

Don't want them to catch me out, all correspondence has been under "without prejudice" protection to date.

Thanks

[Kati]

Re: MCOL Lowells

[MENTION=55034]nemesis45[/MENTION] should be able to advise (I've tagged him) xx

[tiberius]

Re: MCOL Lowells

thanks

[nemesis45]

Re: MCOL Lowells

Hi,

Please could someone help me with the following.
I received a claim form from Lowells for a debt I recognise and owe. I intend to repay the original sum, without their additional charge. They have agreed to accept this over 3 months.

I have filled a acknowledgment of service. My question is they are saying if I keep to the repayment agreement they will discontinue in 3 months. However I am unsure how this would affect the claim as I don't want them getting a default judgement - do I need to insist they end the claim? Or should I file a defence to protect my position, it would be a partial defence as I don't agree they have given me the opportunity to repay before issuing the claim.

Don't want them to catch me out, all correspondence has been under "without prejudice" protection to date.

Thanks

Hi responding to tag from [MENTION=49370]Kati[/MENTION]
Have you got this agreement in writing? If not
do nothing until you have!
Yes I would suggest entering a partial defence.
Personally I don't like the use of " without prejudice "
agreements on " payments arrangements".
I do agree on your point on not being given an opportunity
to offer payment prior to issue of the claim I would
mention this in the defence.

nem

[tiberius]

Re: MCOL Lowells

Hi, thanks for the reply.

I have acceptance of sorts in writing, it basically says we accept your offer without specifying the offer, goes onto say they will not proceed whilst the arrangement is maintained and will discontinue once the final payment is made.

I don't like the idea of taking them at their word however, shall I ask them to confirm the arrangement in a letter not under "without prejudice" - they are asking me to phone them to set up the arrangement. I will still file a defence just to protect myself - but will wait until nearer the deadline to do so.

I started with the without prejudice thing as I wanted to be able to defend if they didn't shift on the charges - which they have. They have sent me a bundle of letters they claim has been sent - some of them the bare templates with no details - though one of them offered me a 40% discount - should I make an attempt for that?

[nemesis45]

Re: MCOL Lowells

Hi, thanks for the reply.

I have acceptance of sorts in writing, it basically says we accept your offer without specifying the offer, goes onto say they will not proceed whilst the arrangement is maintained and will discontinue once the final payment is made.

I don't like the idea of taking them at their word however, shall I ask them to confirm the arrangement in a letter not under "without prejudice" - they are asking me to phone them to set up the arrangement. I will still file a defence just to protect myself - but will wait until nearer the deadline to do so.

I started with the without prejudice thing as I wanted to be able to defend if they didn't shift on the charges - which they have. They have sent me a bundle of letters they claim has been sent - some of them the bare templates with no details - though one of them offered me a 40% discount - should I make an attempt for that?

Anything " without prejudice " cannot be used in defence in court unless a judge sees a reason why it should be disclosed.
Did you ever send Lowell a CCA Request under section 77/78/79 of the Consumer Credit Act 1974 to see if they actually hold
an enforceable agreement for this alleged debt?

nem

[tiberius]

Re: MCOL Lowells

How would I go about getting the acceptance in writing, as I understand that they can still be protected from use in court if they were part of a sequence of correspondence that one had a without prejudice in it somewhere.

I didn't do the CCA request.

[nemesis45]

Re: MCOL Lowells

How would I go about getting the acceptance in writing, as I understand that they can still be protected from use in court if they were part of a sequence of correspondence that one had a without prejudice in it somewhere.

I didn't do the CCA request.

Might be worth doing the CCA a request,.
You TELL Lowell what it must do to before you will make any payment (s).

nem

[tiberius]

Re: MCOL Lowells

thanks.

Would requesting the CCA delay things? - Could be useful as I'd rather start paying next year - can they enforce whilst I have requested this?

[nemesis45]

Re: MCOL Lowells

thanks.

Would requesting the CCA delay things? - Could be useful as I'd rather start paying next year - can they enforce whilst I have requested this?

No a CCA request is a right set down in law.

nem