Lowell CCJ

[nemesis45]

Re: Lowell CCJ

I've acknowledged the debt and choose to defend all the claim.

I have just spoken with Lowell and the lady I spoke with wasn't that bad tbh. However these are the options she gave me:

1-pay the debt in full
2-pay is over 6 months

Both options she said were my only way to avoid the CCJ.

I said what if I can make a full and final settlement offer but she said this wasn't an option.

I will send the CCA and CPR today. Would somebody be able to point me in the right direction for these please?

I asked if they had a copy of the credit agreement, I'm not sure if that was the right thing to do, but they didn't. They said they would have to apply for this.

Ideally I would prefer a full and final settlement offer but they weren't interested.

I appreciate everyone's input.

Also, the date on my claim form is the 16th, that's not the date I received it. Sorry for the confusion.

Lowell Telephone " advisors" simply don't have the authority to agree to full & final settlement offers the are only interested in how much and how quickly they can get all the money from you.

If you want to make an F & F offer make it in writing, and start at a low figure maybe 20% of the outstanding balance to give you room to negotiate.

Make the offer to the top end of the Lowell structure i.e. Andrew Bartle the Chief Operating Officer of the Lowell Group ( his signature is on most of their letters). He can make a decision.

nem

[elle7]

Re: Lowell CCJ

Lowell Telephone " advisors" simply don't have the authority to agree to full & final settlement offers the are only interested in how much and how quickly they can get all the money from you.

If you want to make an F & F offer make it in writing, and start at a low figure maybe 20% of the outstanding balance to give you room to negotiate.

Make the offer to the top end of the Lowell structure i.e. Andrew Bartle the Chief Operating Officer of the Lowell Group ( his signature is on most of their letters). He can make a decision.


nem

Thank you Nem. If I write to him, do you have any idea of how many of these full and final settlement agreements are accepted? Also, what if they don't respond to this offer before my extended time? Where does that leave me.

Thank you @chairtynjw I will send these documents off signed for today.

[nemesis45]

Re: Lowell CCJ

Thank you Nem. If I write to him, do you have any idea of how many of these full and final settlement agreements are accepted?

Thank you @chairtynjw I will send these documents off signed for today.

Hello Elle,

Much will depend on how your offer is viewed and how Lowell sees the prospect of getting more out of your pocket.

This is the reason for making a Low but Reasonable initial offer. The " success " rate is imo quite high.

nem

[elle7]

Re: Lowell CCJ

Thank you [MENTION=55034]nemesis45[/MENTION] do you have a template for an f&f letter? Thanks.

[elle7]

Re: Lowell CCJ

You can send the initial letters (CPR and CCA) and acknowledge the claim with intent to defend and still choose to negotiate further down the line - for example if they come up with all the documents. Stick with defending for a little bit - you have to 14th Oct (based on your receiving the claim on 16th Sept so being issued around 11th/12th Sept) to get a defence in - and you can always negotiate after doing that while Lowell are still trying to find the documents.

If you make a monthly payment offer through the court process at this stage then you will end up with the CCJ on your file for 6 years.

You could negotiate a full and final settlement ( likely to be at least 50% of the debt ) on the grounds they withdraw the court claim. But of course that depends if you happen to have a spare £2k handy.

Or if you really don't want to defend, and don't want the CCJ, you could try and offer a monthly installment settlement under a 'tomlin order' which basically means you both agree they can have judgment if you stop making your agreed payments.

Personally I think I'd make them work for it and wait until they produce at least one of the documents.

Hi @Amethyst I would like to clarify that, as you have stated: If i try to make a monthly installment plan now, I will end up with a CCJ. However, if I continue to enter a defense then I am able to make an offer of monthly installments?
I don't fully understand it, so sorry if this seems obvious to you.

All I am trying to avoid is a CCJ and want to follow the most likely route to avoid this.
I'm scared that through defending the claim, it will all be fruitless and I will be hit with a CCJ at the end of this. On that note, if we exhaust all options and I do end up with the court forcing me to pay it, will the rule of paying it in full within a month, still stand for the CCJ not being left on my file?

What is the usual outcome of them not producing a document? Do we both still attend court?

Thanks for your help.

[nemesis45]

Re: Lowell CCJ

Thank you @nemesis45 do you have a template for an f&f letter? Thanks.

I can put one together for you, just need to know the total allegedly owing and the amount/% you want to offer.

nem

[Diana M]

Re: Lowell CCJ

I wouldn't make an offer or even approach the Claimant until you've filed a Defence (except to send your CCA and CPR 31.14 Requests).

Your Defence is your bargaining power.

From what you say you have a pre-2007 credit card (26/06/2006).

You've said the helpful lady on the phone told you that they didn't have a copy of your credit agreement. That was a very helpful lady indeed

I have just spoken with Lowell and the lady I spoke with wasn't that bad tbh.

. . . . . I asked if they had a copy of the credit agreement, I'm not sure if that was the right thing to do, but they didn't. They said they would have to apply for this.

If they don't comply with your CCA Request before it's time to file your Defence then that will be one of the legal arguments you'll be including.

Once you've filed a Defence you should have the option to settle the claim at Mediation if both sides are willing (Lowells usually are). It's free telephone Mediation where you don't get to speak to the Claimant because it's all done through a specially trained court mediator. A Mediation settlement is not a CCJ although it is still legally binding.

If you write a letter now to Lowells making an offer, you need to consider whether that could be seen as an admission of the Claim and the Claimant could get a CCJ against you. I'm not scaremongering because it happens a lot. Here is an example and here are the consequences:

You need to complete a form N225 for Judgment on admission (as the Order says they have made admission). Attach a copy of the order and send it to the court. A N255 can be accessed here http://s3-eu-west-1.amazonaws.com/hm...r/n225-eng.pdf

Then once judgment is entered you can ask for the warrant to be issued

http://legalbeagles.info/forums/show...179#post679179

The other thing to consider is whether your letter offering payment will be sent to the court by the Claimant and filed as your "Defence". That happens a lot too.

Di

[Diana M]

Re: Lowell CCJ

and I do end up with the court forcing me to pay it, will the rule of paying it in full within a month, still stand for the CCJ not being left on my file

Yes

Di

[elle7]

Re: Lowell CCJ

Thank you for everyone's input. [MENTION=55034]nemesis45[/MENTION] What is the next stage after sending the CCA and CPR request? I'm unsure of how I defend this?

Also "To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X." I'm unsure If I have put the correct date now. I've put the last date my defence is due in, the 19th Oct, but should I have actually put the date I acknowledged the claim?


Thanks,

[elle7]

Re: Lowell CCJ

[MENTION=61310]diana[/MENTION]-m http://legalbeagles.info/forums/memb...?87380-Diana-M

I wouldn't make an offer or even approach the Claimant until you've filed a Defence (except to send your CCA and CPR 31.14 Requests).

Your Defence is your bargaining power.

From what you say you have a pre-2007 credit card (26/06/2006).

Hi Diane M. Thank you for your advice. What is the relevance of having a pre-2007 card? I don't understand this. Does it make a big difference to my defence? Thank you.

[nemesis45]

Re: Lowell CCJ

@Diana m

Hi Diane M. Thank you for your advice. What is the relevance of having a pre-2007 card? I don't understand this. Does it make a big difference to my defence? Thank you.

Pre April 2007 agreements:

If an agreement was signed prior to April 2007 becomes the subject of a court claim the claimant would have to have the original signed and properly executed agreement to be able to enforce the debt via the courts.

There is a but to this a judge may decide on evidence put before him/her that on the balance of probabilities the debt exists and in enforceable so one must robustly challenge any reconstituted agreement produced for any such debt.

nem

[elle7]

Re: Lowell CCJ

I am really annoyed with myself and the post office. Yesterday, I took my CCA and CPR request to the post office and I had already paid for them to be signed for and be delivered by 1pm today on a franking machine. Today, I have just taken out my receipts to track the postage and I have seen that the post office didn't actually send them via that method!!!!!!!!!!! I am so annoyed because that loses me a day and of course Lowells could deny ever receiving them. I also don't have details of my claim with me today either, as I left them at home, so I am unable to print it out again until Monday. I needed to vent this.

[MIKE770]

Re: Lowell CCJ

you have the receipts that bis sufficient if needed

[elle7]

Re: Lowell CCJ

Do you think? Hopefully so. I just don't want them to say that I didn't send them. Also, I've just checked on my phone, I took a picture of the postal order on top of my letter. Which shows clearly the date it was franked - 29th Sept and a stamp at the side saying 1pm. I'm worried as I have no way of tracking this, that's all.

[Amethyst]

Re: Lowell CCJ

You'll be fine honestly but if you are going to be on tenterhooks until you hear back from Lowell just hang fire on sending them until you can get back down to the PO xxx