** DISCONTINUED ** Lowells Bank Overdraft Paperwork -

[Diana M]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

A big positive of a Tomlin Order is the Claimant wouldn't have the automatic entitlement to a Charging Order unlike a CCJ for amounts over £1k. There could be no AOE or bailiffs either.

It's always wise to make one extra payment in advance with a Tomlin Order so that you're not in breach of the Order if the bank mess up on a payment or you forget to pay one month. That way you should avoid any risk of the Claimant making an application to turn it into a CCJ if a payment is missed.

You can always ask for an annual or six monthly review to be written into a Tomlin Order so if the agreed payment schedule becomes unsustainable due to unforeseen circumstances it can be lowered. If you win the lottery the Claimant could ask for it to be raised.

In fact you can have any terms you want written into the settlement schedule of a Tomlin Order as long as the other side agree to them.

Di

[Diana M]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

I am drawn to a letter from bw legal acting for Lowell, I had advised them of my health condition and given all details of it with references of where to check the symptoms, I also stated and quoted that the FCA say they should treat vulnerable customers fairly and gave details of why I am classed as vulnerable; they requested a letter from my GP or specialist which they have now in my witness bundle, it says court action will continue on your file until we have received the required documentation, well they have it now in the witness bundle following my latest visit to my consultant - is it worth me chasing them up to see if anything has changed now they have it?

I see no harm in asking then to agree/consent to adjourn Friday's hearing 'generally' (i.e. no new date listed) to avoid the stress which could be detrimental to your health.

Di

[purplestar]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

given the time scale would it best to contact them by phone or email as i am concerned the post wont get there in time?

[Diana M]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Use email - you need a paper trail.

Di

[nemesis45]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Good morning,
On re reading all the paperwork again this morning, I am drawn to a letter from bw legal acting for Lowell, I had advised them of my health condition and given all details of it with references of where to check the symptoms, I also stated and quoted that the FCA say they should treat vulnerable customers fairly and gave details of why I am classed as vulnerable; they requested a letter from my GP or specialist which they have now in my witness bundle, it says court action will continue on your file until we have received the required documentation, well they have it now in the witness bundle following my latest visit to my consultant - is it worth me chasing them up to see if anything has changed now they have it?

By all means check with the court to see if the claimant has taken any further action, personally I would not contact the claimant at this stage.

nem

[purplestar]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Contact the court first then?

[nemesis45]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Contact the court first then?

It is in my opinion yes courts first.

nem

[Diana M]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Contact the court first then?

To ask them what?

The hearing is in 72 hours.

Di

[purplestar]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Will do now and reply on the matter once i have an answer

[Diana M]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

check with the court to see if the claimant has taken any further action

What further action are Lowells likely to take apart from filing a Notice of Discontinuance at court? That would be nice but unlikely. I hope I'm wrong on that last point.

Or they could file a Consent Order to adjourn the hearing but the Defendant hasn't yet planted that thought in their mind.

Di

[purplestar]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Have enquired with the court no changes to the case, still going ahead

[nemesis45]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

If Lowell Solicitors Ltd., are involved in any literally anything can happen!!
Their expert litigation assistants are A JOKE.

EM

[MIKE770]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

:tinysmile_twink_t2:But do not tell them! :duh:

[purplestar]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Do I contact Lowell or bw legal now ?

[nemesis45]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Do I contact Lowell or bw legal now ?

What do you want to tell them?

nem