** settled ** County Court Claim Form Lowell Portfolio I Ltd

[DezzyB]

Re: County Court Claim Form Lowell Portfolio I Ltd

There is quite a lot to upload, is there anyone I can email it to please?

[Amethyst]

Re: County Court Claim Form Lowell Portfolio I Ltd

Of course - sharon@celame.co.uk ( my admin@legalbeagles.info email is a bit wonky at times so try my other one for now )

[DezzyB]

Re: County Court Claim Form Lowell Portfolio I Ltd

Thank you

I have just sent it to you

[Amethyst]

Re: County Court Claim Form Lowell Portfolio I Ltd

Thank you. Well they have provided everything. The NOA and DN look to be correct ( 20 days and only arrears) and the agreement is complete and compliant so far as I can see....I will redact and post up in case anyone else spots anything out of order that isn't insignificant that I've missed. The only potential issue could be that you signed it in Nov 09 and it wasn't executed until May 2010. Full transaction lists and copies of previously sent letters included.

I think your best bet is to negotiate a settlement under a Tomlin order ( consent order ) so that the claim remains on hold in court without you having a judgment against you ( unless you breach the terms of any agreement made - eg make a late payment etc ) - how much you negotiate really depends on the importance to you of not having a CCJ against you, as if it did go into court it is likely they would win. You could enter an admission and offer to pay through the court and ask them to set the payments based on your income and expenditure which is likely to be lower monthly installments than you could negotiate with them, but tbh you don't know until you try.

[warwick65]

Re: County Court Claim Form Lowell Portfolio I Ltd

It will be interesting to see if what they have sent bears any relationship to what they sent me after my cpr31.14 request. No mention of the Deed?

[Amethyst]

Re: County Court Claim Form Lowell Portfolio I Ltd

redacted agreement

[Amethyst]

Re: County Court Claim Form Lowell Portfolio I Ltd

Terms original and end

[Amethyst]

Re: County Court Claim Form Lowell Portfolio I Ltd

cont

[Amethyst]

Re: County Court Claim Form Lowell Portfolio I Ltd

Default notice

[Amethyst]

Re: County Court Claim Form Lowell Portfolio I Ltd

Assignment

[DezzyB]

Re: County Court Claim Form Lowell Portfolio I Ltd

Thank you for uploading.
I don’t want a ccj so I will have to try to negotiate with Lowell. Has anybody had any success with this?
As they have now supplied all of the documents I guess it is unlikely they will settle for anything less than the full claim amount.
Do I just call them and ask to set up a payment plan?

[warwick65]

Re: County Court Claim Form Lowell Portfolio I Ltd

I am not sure if it does make the DN bad but I noticed
a) The sum requested still leaves the account over the credit limit
b) What about S86a - where is the reference to the OFT sheet?
[MENTION=87380]Diana M[/MENTION] [MENTION=551]pt2537[/MENTION]

Of course this would be hoping the court accepts a WS that by the time it gets to Lowell will be nearly a week late

[Diana M]

Re: County Court Claim Form Lowell Portfolio I Ltd

redacted agreement

The OP's full name and address are on the uploaded credit agreement.

Di

[Amethyst]

Re: County Court Claim Form Lowell Portfolio I Ltd

oops missed that bit - fixed - ta Di.

[Diana M]

Re: County Court Claim Form Lowell Portfolio I Ltd

I don’t want a ccj so I will have to try to negotiate with Lowell. Has anybody had any success with this?
As they have now supplied all of the documents I guess it is unlikely they will settle for anything less than the full claim amount.
Do I just call them and ask to set up a payment plan?

You should do whatever feels right for you, but make sure any offer you may make is not seen as an admission enabling the Claimant to obtain a CCJ against you. Anything relating to an offer must be headed 'Without Prejudice' to protect your legal position.

I'm puzzled by the credit agreement which you apparently signed on 15th November 2009 but wasn't executed until May 2010, especially since the "Special Invitation" offer appears to have expired on 31st December 2009.

Does any of the sum claimed relate to usage of the account after your application was signed but before it was executed (i.e. became a legally binding contract)?

Di