Received "Letter of Claim". Can I reduce debt? What if I'm outside the country?

[Avery]

Hi guys,
I have an old Utility debt which is Under £200.

The debt was 'sold' to Lowell Portfolio I Ltd.

Lowell has now hired Overdales Solicitors. They sent me a 'Notice of Acting', and have now sent me a 'Letter of Claim', that does seem to include the Annex 1 Information Sheet (complying with the new 2017 Pre-action protocols: https://legalbeagles.info/forums/for...tion-protocols)

There are some aspects of this I would like to explore.


1. What if I am Out of State (outside jurisdiction) – Can the solicitor still win a CCJ against me?

2. Regarding Pre-Action Protocols Part 6.1, Alternative Dispute Resolution (ADR)
"If the parties still cannot agree about the existence, enforceability, amount or any other aspect of the debt, they should both take appropriate steps to resolve the dispute without starting court proceedings..."

... The word "enforceability" is intriguing here. Can someone please provide an example of the two parties not agreeing on the enforcability of a debt?

3. Is it possible for the total amount of debt to be reduced by 50%? – And is this typically achieved through an ADR?


Any feedback would be much appreciated. Thank you.

PS: I have noted Pre-Action Protocols Part 4
https://legalbeagles.info/forums/for...34#post1130734
... giving more time to debtor to receive debt advice, and providing the option of paying in installments.

[PallasAthena]

2. Regarding Pre-Action Protocols Part 6.1, Alternative Dispute Resolution (ADR)
"If the parties still cannot agree about the existence, enforceability, amount or any other aspect of the debt, they should both take appropriate steps to resolve the dispute without starting court proceedings..."

... The word "enforceability" is intriguing here. Can someone please provide an example of the two parties not agreeing on the enforcability of a debt?

Just a guess, but that may refer to disagreement on whether a debt is statute barred.

[atticus]

1. yes.

2. Not agreeing comes about when you do not agree, for example when you say that the debt is not enforceable and the other party asserts that it is.

3. The old fashioned way of reducing a debt is to make a payment.

[Avery]

Just a guess, but that may refer to disagreement on whether a debt is statute barred.

Thanks. It is less than 6 years old (2021) so I am guessing it's not statute barred

[Avery]

There is also another issue with the letters from Overdales. There is no signature or name at the bottom of all their communications.

Some people have told me that this renders their letters void, because it is a contravention of the Companies Act 2006 s44, because a signature or seal is required. Others have told me that it isn't a contravention of s44 because the company logo on the paperwork constitutes a seal.

Any constructive feedback would be most welcome.

[atticus]

S44 Companies Act does not apply here. It is about 'execution' of documents. A letter or email does not need to be 'executed'.

[Avery]

S44 Companies Act does not apply here. It is about 'execution' of documents. A letter or email does not need to be 'executed'.

Thanks. In law or the legal world, am i not entitled to be told the name of the person who is sending me the notices?

[atticus]

You are: Overdales.

Stop clutching at straws. Concentrate on the real issues.