Claim form - Lowell Portfolio / Lowell solicitors.

[charitynjw]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

I haven't been able to calculate it. I don't know what the remainder balance would be for her contract, how long the contract was for, start or end dates etc. Admittedly, I'm finding it really difficult to get to a figure of what that should be and my mother is getting extremely stressed with receiving all these correspondences.


I must make point we have no qualms with paying money owed, but they are yet to prove / itemise what those are or were. It's just difficult to try and portray this without compromising my mother's position.

I was thinking maybe try a cheeky 'Without prejudice save as to costs' full & final offer in return for them discontinuing the claim.
But don't admit or acknowledge the claim. 'Alleged' is a good word.




Sounds like most prudent to state in my defence it was not supplied? I'm happy to be guided by you guys as to what my defence should or would best be.

They appear to indicate in their first paragraph that the agreement is not covered by CCA therefore they do not need to provide it. However, it's to be noted that I did not make a CCA request, but a CPR31.14. Am I entitled to be served a copy under CPR?
Many of these debt purchase companies state that mobile phone agreements are not regulated by the CCA.
That's not entirely correct.
For instance, T-Mobile has (or had) something called the Equipment Installation Plan, which seems to be a form of split-tariff agreement.
Certainly several of the providers have offered CCA-regulated agreements.
Without sight of your agreement, how can Lowells state that it is not regulated? (& if they had a copy, why would they not send a copy to you?).

They mentioned a default notice but we never received one. What can we do about that? Is it a point to raise?

####

[captain sam]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Thanks @charitynjw

What should be my next step please? Do I write to them in relation to alleged debt and offer a full and final settlement of say £99?

I don't recall receiving a default notice, do we have to be served one for it to be valid?

[Arcadian]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Thanks @charitynjw

What should be my next step please? Do I write to them in relation to alleged debt and offer a full and final settlement of say £99?

Worth a try. As a guide, remember that debt purchasers commonly pay as little as 10p for every pound.

[captain sam]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Worth a try. As a guide, remember that debt purchasers commonly pay as little as 10p for every pound.

Would £60 be "reasonable" then? How would I word it without compromising the defense?

The only reason why we didn't pay the bill in the first place was because of the T-Mobile over charging scandle - there's plenty of google about this. As soon as I requested an itemised bill, they refused to provide this.

[MIKE770]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

offer without prejudice = always

[captain sam]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Hi guys, thanks for all your replies and sorry for sounding dense.

What should I include or how should I word my letter. Should it simply be as short as follows, a single liner:


Dear Sirs,

Reference ####


I write in relation to the alleged debt. In the interest of saving costs, I offer £60.00, without prejudice in full and final settlement, in return for discontinuation of the claim.

I look forward to your acceptance in response?

- - - Updated - - -

Hi guys, thanks for all your replies and sorry for sounding dense.

What should I include or how should I word my letter. Should it simply be as short as follows, a single liner:


Dear Sirs,

Reference ####


I write in relation to the alleged debt. In the interest of saving costs, I offer £60.00, without prejudice in full and final settlement, in return for discontinuation of the claim.

I look forward to your acceptance in response?

[charitynjw]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Bearing in mind that they have probably forked out £20(ish) to purchase the alleged debt, plus another £25 to issue the claim, they may not bite at £60.

As [MENTION=3599]MIKE770[/MENTION] says, head the offer 'Without Prejudice Save As To Costs'.

Then something like

In order to achieve a resolution to this dispute I offer an ex gratia full & final sum of £xx in return for your discontinuance of county court claim no. XXXXXXXX, & your assurance that no subsequent claim will be issued in respect of this matter.
Please note that this is not an an acknowledgement of any debt owed by me to yourselves.

Give them 7 days from receipt of the letter

[captain sam]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Thanks for the replies, I genuinely appreciate them! I'm going to write exactly this in the letter, does it look OK?

Dear Sirs,
 
Without Prejudice Save As To Costs
In order to achieve a resolution to this dispute I offer an ex gratia full & final sum of £105.00 in return for your discontinuance of county court claim no. XXXXXXXX, & your assurance that no subsequent claim will be issued in respect of this matter.
 
Please note that this is not an an acknowledgement of any debt owed by me to yourselves.

Yours faithfully

xxxx

I'd want them to accept, in your opinion what do you think would be reasonable? I was thinking to offer £105?

My full defense is due on 18 March. I can send the letter tomorrow, but I'm aware the timeframes are pressed. What shall I do if I do not receive a response by Friday 17?

[charitynjw]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

If it were me I'd start at £75.......see what they say.
You can always make another offer.
As far as the claim is concerned, you are not allowed to mention a WP offer in your defence or at any time until after the case is heard.

[captain sam]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Thanks so much for replying.

If I do not receive a reply due to post delay or it's just too tight a timeframe, do I need to still submit my defense, just in case?

[charitynjw]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Thanks so much for replying.

If I do not receive a reply due to post delay or it's just too tight a timeframe, do I need to still submit my defense, just in case?

The 'timeframe' for the WP letter will not affect the defence.
You have to file your defence by the appropriate deadline.
The court timetable is paramount.

[captain sam]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Hi thanks for responding.

I understand that sending the WP letter will not affect defence or time frame. What I'm asking is - do I wait for a reply to that letter or file the defence regardless of whether a response is received?

Thanks

[charitynjw]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

File regardless.
Treat the WP as a separate issue which runs concurrently with the claim up to judgment. (If it goes that far).

[captain sam]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Thank you very much @charitynjw I'll be sending the offer today. Should I address to lowell solicitors or lowell portfolio?

Should I include a cheque or anything or a response slip with accept / decline?

[charitynjw]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Thank you very much @charitynjw I'll be sending the offer today. Should I address to lowell solicitors or lowell portfolio?

Should I include a cheque or anything or a response slip with accept / decline?

Imho, put the Claimant's name & address, & the court claim details, on the letter, but send it via the sols.
If it were me I wouldn't send any payment at this stage, just set a timeframe for acceptance. (Either a time/date or '(X) days from receipt of offer'.
Don't forget proof of posting.