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Advice needed - Lowell and BW Legal

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  • Advice needed - Lowell and BW Legal

    Hi

    Bit of background - I defaulted on a £1000 overdraft (as well as a cc and a loan) when I was made redundant back in 2010. Did contact the bank but they weren't that helpful and ended up just ignoring any of the letters they sent (I was out of work for 3-4 months so became quite depressed and my main concerns were paying rent etc)
    By the time I'd got back on my feet it had already been passed round a couple of debt collection agencys and it seemed to me they were unable to enforce the debt. I'd get a couple of letters, then wouldn't hear anything for a few months.
    Anyway in November 2015 I received a letter from the county court business centre saying that BW Legal, acting for Lowell Portfolio, were taking me to small claims court to recover the debt (now £1800 with the interest and charges that have been added on). I responded saying that I intended to defend the claim on the grounds that I didn't recognise the account and could the claimant provide me with some original documents supporting their claim.
    A few weeks passed and I received a copy of a letter from the court stating that they had to provide the documents by a certain date or the claim would be struck out. The date passed and sure enough I received another letter from the Court saying the case had been struck out, and that they had 7 days to appeal. (this was back in December)
    A few weeks passed and I thought that was the end of it. But yesterday I received a letter from the court with a hearing date set for 5 Feb and a copy of the documents they needed (about 2 months worth of bank statements)
    I realise I'm going to have to pay them so what I'm really asking is, how can I get away with paying them the least amount as possible, is it too late to settle it out of court?? (I've had absolutely no contact with lowell to this day)
    Sorry for the essay, hope someone can help!
    Tags: None

  • #2
    Re: Advice needed - Lowell and BW Legal

    Anyone?

    Comment


    • #3
      Re: Advice needed - Lowell and BW Legal

      Hiya, Sorry we missed this yesterday, am just having a read of your post xx
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: Advice needed - Lowell and BW Legal

        Okay, so the claimant were sucessful in overturning the strike out. On the order for documents originally, did it just ask for statements or other documents ?

        Do you have a dispute on the account?

        Does the claim include the CC and loan or is it just the overdraft ?

        Do the statements show how the claim amount has been calculated ? ( eg do the bank statements provided end at £1000 or £1800 )

        Yes you can negotiate with the claimant at this stage - probably for a Tomlin Order saying you will pay in installments of X per month and they keep the claim on hold in the court and discontinue once paid in full.... or a reduced full and final settlement.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Advice needed - Lowell and BW Legal

          Hi, sorry I wasn't sure if I'd posted in the wrong area maybe, thanks for getting back to me
          OK so the claim is just for the Overdraft, and there's no dispute on the account. It was the bank who added the interest charges so the last statement shows the account closed at 1800.
          What's a tomlin order and how would I go about that? What would be the best way to contact lowell at this stage, by telephone or in writing?
          Thanks again

          Comment


          • #6
            Re: Advice needed - Lowell and BW Legal

            To be honest, telephone is best for negotiating IF you are confident on the phone, but always ask them to confirm by email in writing.

            BUT before you do anything, would you be able to take a pic of the letter from the court and post it up please ( use paint or similar program to black out your personal details first) - the latest letter, the ''struck out'' letter and the original ''directions'' letter.

            Have you had nothing from the claimant between times?
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: Advice needed - Lowell and BW Legal

              OK no problem, I am at work at the moment but as soon as I get home I'll get the pictures posted. I had a letter after the claim was struck out basically saying we could still negotiate but I think I threw it out as I stupidly thought they were just trying their luck.

              Comment


              • #8
                Re: Advice needed - Lowell and BW Legal

                Sorry I can't work out how to attach images to a post? Or should I upload them elsewhere and attach the link? Sorry if I'm being stupid here.

                Comment


                • #9
                  Re: Advice needed - Lowell and BW Legal

                  Originally posted by Sammyboy84 View Post
                  Sorry I can't work out how to attach images to a post? Or should I upload them elsewhere and attach the link? Sorry if I'm being stupid here.
                  I'll ask someone to help you.
                  [MENTION=49370]Kati[/MENTION] can you help please?

                  nemxx

                  Comment


                  • #10
                    Re: Advice needed - Lowell and BW Legal

                    Originally posted by Sammyboy84 View Post
                    Sorry I can't work out how to attach images to a post? Or should I upload them elsewhere and attach the link? Sorry if I'm being stupid here.
                    Originally posted by nemesis45 View Post
                    I'll ask someone to help you.
                    @Kati can you help please?

                    nemxx
                    Of course ... you can click "go advanced" and there's an attachment option there (make sure you redact first), or email them to me (kati@legalbeagles.info) and I'll upload them after redacting them for you xx
                    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                    It doesn't matter where your journey begins, so long as you begin it...

                    recte agens confido

                    ~~~~~

                    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                    But please include a link to your thread so I know who you are.

                    Specialist advice can be sought via our sister site JustBeagle

                    Comment


                    • #11
                      Re: Advice needed - Lowell and BW Legal

                      Originally posted by Kati View Post
                      Of course ... you can click "go advanced" and there's an attachment option there (make sure you redact first), or email them to me (kati@legalbeagles.info) and I'll upload them after redacting them for you xx
                      Thank you [MENTION=49370]Kati[/MENTION] nemxx

                      Comment


                      • #12
                        Re: Advice needed - Lowell and BW Legal

                        Thank you so much guys! I'm emailing them over now as I have no idea what redacting is! Thanks for your help!

                        Comment


                        • #13
                          Re: Advice needed - Lowell and BW Legal

                          Got them ... I'll sort and post xx
                          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                          It doesn't matter where your journey begins, so long as you begin it...

                          recte agens confido

                          ~~~~~

                          Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                          I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                          But please include a link to your thread so I know who you are.

                          Specialist advice can be sought via our sister site JustBeagle

                          Comment


                          • #14
                            Re: Advice needed - Lowell and BW Legal

                            [MENTION=55034]nemesis45[/MENTION]:
                            Attached Files
                            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                            It doesn't matter where your journey begins, so long as you begin it...

                            recte agens confido

                            ~~~~~

                            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                            But please include a link to your thread so I know who you are.

                            Specialist advice can be sought via our sister site JustBeagle

                            Comment


                            • #15
                              Re: Advice needed - Lowell and BW Legal

                              and:
                              Attached Files
                              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                              It doesn't matter where your journey begins, so long as you begin it...

                              recte agens confido

                              ~~~~~

                              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                              I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                              But please include a link to your thread so I know who you are.

                              Specialist advice can be sought via our sister site JustBeagle

                              Comment

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