Letter before action Help!

[Guest]

I arrived home today from work to find a Letter of Claim from Lowell Solicitors for an old Capital One Credit card . The balance is £4500 and the estimated total is 5200.

I am completely lost and don't know what to do. I know that I used the card , it defaulted sometime in 2008 but I was making spasmodic payments to it until about 2013. I cant even remember when I took the card out but I think it was sometime after 2003 when I moved here.

The letter says
To avoid this action you must contact us or make arrangements to pay the balance before 3/5/16 ..then some details ...then the Court will espect both parties to have attempted to resolve any valid dispute prior to the issue of proceedings.

Ignoring this letter will result in the issue of a Claim together with costs and interest as set out above without further notice to you. We urge you to take action now.

I can not afford to repay it , I am on very low pay

Why do these type of letters always arrive on a saturday when everywhere is shut

[Snoopy1948]

Re: Letter of Claim Help!

Hi Berti ..

Do you hold any previous correspondence/statements relating to this debt? Do you believe that the debt is correct? Have you been simply remiss in dealing with this?

I feel that the action taken to date is an initial attempt to promote contact or payment and I suspect that a lot of people probably ignore this is they feel unable to cope and swamped with worry.

Personally, I would take the letter to a local CAB office and ask to see a general advisor regarding this. Also take with you a complete list of your current income and expenditure, down to the penny, together with a list of other debts that you may have. The CAB should contact Lowells for you, explain your position and offer whatever your disposable income dictates and can be proven by their own prepared income/expenditure statement. As the CAB tend to regard credit card debts as 'non priority', they could agree a deal with an interest freeze and low repayment.

https://www.citizensadvice.org.uk/

[charitynjw]

Re: Letter of Claim Help!

I arrived home today from work to find a Letter of Claim from Lowell Solicitors for an old Capital One Credit card . The balance is £4500 and the estimated total is 5200.

I am completely lost and don't know what to do. I know that I used the card , it defaulted sometime in 2008 but I was making spasmodic payments to it until about 2013. I cant even remember when I took the card out but I think it was sometime after 2003 when I moved here.

The letter says
To avoid this action you must contact us or make arrangements to pay the balance before 3/5/16 ..then some details ...then the Court will espect both parties to have attempted to resolve any valid dispute prior to the issue of proceedings.

Ignoring this letter will result in the issue of a Claim together with costs and interest as set out above without further notice to you. We urge you to take action now.

I can not afford to repay it , I am on very low pay

Why do these type of letters always arrive on a saturday when everywhere is shut

Hi Berti ..

Do you hold any previous correspondence/statements relating to this debt? Do you believe that the debt is correct? Have you been simply remiss in dealing with this?

I feel that the action taken to date is an initial attempt to promote contact or payment and I suspect that a lot of people probably ignore this is they feel unable to cope and swamped with worry.

Personally, I would take the letter to a local CAB office and ask to see a general advisor regarding this. Also take with you a complete list of your current income and expenditure, down to the penny, together with a list of other debts that you may have. The CAB should contact Lowells for you, explain your position and offer whatever your disposable income dictates and can be proven by their own prepared income/expenditure statement. As the CAB tend to regard credit card debts as 'non priority', they could agree a deal with an interest freeze and low repayment.

https://www.citizensadvice.org.uk/

Hi Berti & welcome to LB

IMHO

You appear to have knowledge of the alleged debt.

If that is the case, if it were me I would send a CCA request (see top of the thread) - SignedFor post, £1 PO marked 'Statutory purposes only'.
Shake their tree & see what falls out, lol!

If you don't honestly think it's your debt, you could send a 'prove it' letter.

& you're welcome to post your 'journey' through this on here.

[Guest]

Re: Letter of Claim Help!

Thank you Charity and Snoopy

I do know the debt is mine , I have a drawer full of letters from lots of different debt collectors but hadn't heard anything for a couple of years.
I will get a CCA request posted first thing tomorrow.

As for CAB they are pretty useless around here , I had to see them about something else and it is run by a bunch of well meaning but not very knowledgeable do gooders

[nemesis45]

Re: Letter of Claim Help!

[QUOTE=Berti;643612]I arrived home today from work to find a Letter of Claim from Lowell Solicitors for an old Capital One Credit card . The balance is £4500 and the estimated total is 5200.

I am completely lost and don't know what to do. I know that I used the card , it defaulted sometime in 2008 but I was making spasmodic payments to it until about 2013. I cant even remember when I took the card out but I think it was sometime after 2003 when I moved here.

The letter says
To avoid this action you must contact us or make arrangements to pay the balance before 3/5/16 ..then some details ...then the Court will espect both parties to have attempted to resolve any valid dispute prior to the issue of proceedings.

Ignoring this letter will result in the issue of a Claim together with costs and interest as set out above without further notice to you. We urge you to take action now.

I can not afford to repay it , I am on very low pay

Why do these type of letters always arrive on a saturday when everywhere is shut[/QUOTE

Good morning Bertie,

You need to get a CCA request off to Lowell as the potential claimant ( see green box above for template) use a postal order for £1.00 write " For Statutory Fee Only" on both sides copy it and keep for your records.
This is for a copy of the Capone agreement without which they cannot enforce the debt.
Have you checked to see if this debt is still on your credit files?

nem

Please be aware Lowell Solis don't always keep to their own deadlines and claims are issued very quickly after the letter before claim is sent.

[Guest]

Re: Letter of Claim Help!

Hi nemesis45

I have already got the CCA request ready as advised by Charitynjw earlier. I read that defaults stop showing after 6 years so as it defaulted in 2008 then it won't be there will it?

[Guest]

Re: Letter of Claim Help!

Just posted CCA request to Lowell

Job done

[Guest]

Re: Letter of Claim Help!

I should have said
I posted the CCA request to Andrew Bartle in Leeds at the head office.
I included a cheque for £1 but I left the payee blank because the letter from the solicitors said Lowell Portfolio 1 but the last letter I had was from Lowell Financial .
I signed both the letter and the cheque , my signature has changed quite a lot over the last 10 years

I am really worried , my income is really quite low , under £1000 a month on average but it varies a great deal between about £800 and £1300 and my rent is £370 , also I have quite high essential travelling costs that are going to become even higher later this year when my job moves. I barely survive as it is

I am very stressed about this, I would struggle to offer £5 a month if I am honest , every penny is accounted for . Am I getting ahead of myself?

[Kati]

Re: Letter of Claim Help!

I am really worried , my income is really quite low , under £1000 a month on average but it varies a great deal between about £800 and £1300 and my rent is £370 , also I have quite high essential travelling costs that are going to become even higher later this year when my job moves. I barely survive as it is

I am very stressed about this, I would struggle to offer £5 a month if I am honest , every penny is accounted for . Am I getting ahead of myself?

Please try not to worry too much ... there's a while to go before you have to think about paying anyone anything, and you cannot pay what you haven't got. xx

[Guest]

Re: Letter of Claim Help!

Thank you Kati
I have read lots of info both here and on other forums and there seems to be a slow process so my rational head is saying chillax but my worrywort head is saying worry panic panic.

I will try to wait and see
Hopefully they will not be able to produce a copy of the agreement

[Snoopy1948]

Re: Letter of Claim Help!

Thank you Charity and Snoopy

I do know the debt is mine , I have a drawer full of letters from lots of different debt collectors but hadn't heard anything for a couple of years.
I will get a CCA request posted first thing tomorrow.

As for CAB they are pretty useless around here , I had to see them about something else and it is run by a bunch of well meaning but not very knowledgeable do gooders

Hi again Berti ..

The reason that the CAB appear pretty useless, as you say, is that their ability to maintain a service that is continually declining with funding being a problem more and more with them. Over my years working for local government, I have spent many hours in their offices and alas a client's help is only as good as the volunteer who assists you. Folk forget that it is not a government agency and is of course free at source. I really hope that they are able to survive but without more dedicated volunteers, they are really a dying breed. However, their web site can offer a lot of debt advice and with the right direction to go in and being able to be pro-active, people can often represent themselves more confidently. And borrowing money on a credit card, while not regarded by the system as a priority debt, has always resulted from people not maintaining their agreed obligation to the credit card company, regardless of whether the credit card company has been over generous with credit limits ( alas a major cause of such debt ).

[nemesis45]

Re: Letter of Claim Help!

Hi nemesis45

I have already got the CCA request ready as advised by Charitynjw earlier. I read that defaults stop showing after 6 years so as it defaulted in 2008 then it won't be there will it?

I would hope so, but sometimes errors occur when debts are sold.

nem

[Guest]

Re: Letter of Claim Help!

Hi again Berti ..

The reason that the CAB appear pretty useless, as you say, is that their ability to maintain a service that is continually declining with funding being a problem more and more with them. Over my years working for local government, I have spent many hours in their offices and alas a client's help is only as good as the volunteer who assists you. Folk forget that it is not a government agency and is of course free at source. I really hope that they are able to survive but without more dedicated volunteers, they are really a dying breed. However, their web site can offer a lot of debt advice and with the right direction to go in and being able to be pro-active, people can often represent themselves more confidently. And borrowing money on a credit card, while not regarded by the system as a priority debt, has always resulted from people not maintaining their agreed obligation to the credit card company, regardless of whether the credit card company has been over generous with credit limits ( alas a major cause of such debt ).

I have had some good dealings with CAB over the phone but alas in my small town the 'expertise' are supplied by well meaning but ill informed older people . I am sure that if I lived in a city it would be different.

I dont understand what you are saying about credit card debts , I stopped paying because of illness and major life events which are still effecting me 8 years on so if you are trying to make me feel guilty for not repaying the money , that boat has gone

[nemesis45]

Re: Letter of Claim Help!

I have had some good dealings with CAB over the phone but alas in my small town the 'expertise' are supplied by well meaning but ill informed older people . I am sure that if I lived in a city it would be different.

I dont understand what you are saying about credit card debts , I stopped paying because of illness and major life events which are still effecting me 8 years on so if you are trying to make me feel guilty for not repaying the money , that boat has gone

Moralising such as this helps no one whatever the reason/ cause of debt there is no need whatsoever for such comment.

nem

[Debt Camel]

Re: Letter of Claim Help!

Do you have other debts as well, either that you are paying or that you are getting debt collectors letters about that you have been ignoring?

Debt Camel (a well meaning and older CAB volunteer adviser)