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Lowells Solicitors - Letter of Claim

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  • Lowells Solicitors - Letter of Claim

    Hello all,

    I would really appreciate some advice on this matter.

    I have today received a 'Letter of Claim' from Lowell Solicitors.

    Along with the Vanquis card I previously received help with I also had an Aqua card.

    I contacted Aqua when we got into difficulties and was paying 10 a month by agreement although there were several occasions when expenses outweighed income and payments were missed. Eventually I missed several in succession and the debt was assigned to Lowell in 2016. The last payment was also in 2016.

    I owe the money but our expenses are equal or greater than our income each month at the moment so paying the full amount is impossible and keeping to monthly payments would be very difficult however a family member has offered to 'lend' us a small amount to offer as a full and final settlement.

    My question is do I admit to owing the debt using Box A and then make a reduced full and final 'Offer of Payment' using the Financial Statement form or use Box C and ask for the CCA. My concern is that if I go the CCA route and later offer a 'full and final payment' it may appear I was not being totally transparent and that the amount available could be increased which it can't.

    Thanks for taking the time to read this and for any help or opinions offered.
    Tags: None

  • #2
    Have you considered this https://www.stepchange.org/how-we-he...ief-order.aspx


    • #3
      Originally posted by Setmefree3 View Post

      Thanks for your reply.

      I have considered it but apart from this card, which isn't for a massive amount, the only debts we haven't managed to eventually pay or otherwise deal with are a couple of mobile phone bills that are in dispute over the final amounts and a 242 debt to Nationwide that is virtually entirely charges and I would prefer to try and clear things without going the DRO or insolvency route if at all possible.


      • #4
        Ok, Im sure someone will be along to help you look at different avenues. Good luck.


        • #5
          jaguarsuk sorry to tag you in again. Please can you help.


          • #6
            Firstly I wouldn't go admitting anything, tick box D and in box I list:

            Credit Agreement
            Notice of Default
            Notice of Assignment
            Full History of Account

            Secondly send a Subject Access Request Letter to New Day as the original creditor asking for the same to see what they have and what Lowell might be able to get a hold of if they try.

            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.


            • #7
              Ok, thank you. I'll try that.


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              Pre-Action Letters
              First Steps
              Check dates
              Acknowledge Claim
              CCA Request
              CPR 31.14 Request
              Subject Access Request Letter
              Example Defence
              Set Aside Application
              Witness Statements
              Directions Questionnaire
              Statute Barred Letter

              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.

              NOTE: If you receive a court claim note these dates in your calendar ...
              Acknowledge Claim - within 14 days from Service

              Defend Claim - within 28 days from Service (IF you acknowledged in time)

              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.

              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
              If your case is over �10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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