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Lowell's CCJ claim

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  • #46
    Hi guys,*
    so I sent my mediation forms back and I've just received an email (ive never received an email* before) from Lowell's. They have now provided evidence of the debt so that do I do? Try to settle? Provide a budget and possible payment plan even though at the moment I cannot pay anything, I'm a plasterer by trade and people don't want me in their houses and when they do, I can't get hold of materials, when I'm working it may only be around £20 a month and they wouldn't accept that last time over the phone.
    Any advice would be much appreciated*

    Dear Mr ....
    *
    Our Client: Lowell Portfolio I Limited
    Claim Number: *********
    Lowell Reference Number: ***********
    *
    WITHOUT PREJUDICE SAVE AS TO COSTS
    *
    My name is Lorianne, I am the case handler for the claim issued against you for a former Tesco Bank Personal Loan account in the sum of £1,599.03 plus interest, costs and fees totalling £1,860.43.
    *
    I am in receipt of your Defence and I have reviewed the same in full. I note that you state our client’s Claim does not provide you with enough information for you to consider your position and you have requested proof of the debt. It is also noted that you state you never received a Notice of Default from Tesco Bank.* We enclose a copy of the original Credit Agreement, Statement of Account, Default Notice and the Notice of Assignment sent to you when the outstanding debt was assigned to our client.
    *
    Our client has made further enquires with Tesco Bank who have confirmed that you never raised any disputes on the account and Gregory Pennington were an authorised third party on the account.*
    *
    Our client is satisfied that the outstanding balance remains due and owing by you and that should the matter proceed further it would be successful at the hearing.
    *
    Settlement proposal
    *
    Our client will consider a sensible settlement proposal to avoid the expense of further litigation and therefore potential costs and fees being added to your debt.
    *
    Please call 0113 335 3343 or email*ComplexTeam@lowellsolicitors.co.uk*to propose your settlement. If this is the first time you have emailed us, you will be asked for security information to verify that you are the account holder.
    *
    We will review your proposed payment plan or one-off payment in order to reach an agreed settlement.
    *
    If we do not receive your settlement proposal*within 10 days, we are instructed to:
    *
    • ask the Court to strike out your Defence;
    • seek to recover the full amount of this debt;
    • instruct an advocate to recover all costs from you if your case proceeds to a hearing. The advocate will also produce this letter in Court to evidence any wasted costs we have incurred. These are costs which could have been avoided if you had proposed an agreed settlement in order to conclude this matter at an earlier stage.
    *
    You may wish to obtain your own independent legal advice.
    *
    Kind regards
    *
    Lorianne Joseph
    Complex Litigation Paralegal
    Lowell Solicitors Limited

    Comment


    • #47
      Originally posted by Emlewuna View Post
      Hi guys,
      so I sent my mediation forms back and I've just received an email (ive never received an email before) from Lowell's. They have now provided evidence of the debt so that do I do? Try to settle? Provide a budget and possible payment plan even though at the moment I cannot pay anything, I'm a plasterer by trade and people don't want me in their houses and when they do, I can't get hold of materials, when I'm working it may only be around £20 a month and they wouldn't accept that last time over the phone.
      Any advice would be much appreciated

      Dear Mr ....

      Our Client: Lowell Portfolio I Limited
      Claim Number: *********
      Lowell Reference Number: ***********

      WITHOUT PREJUDICE SAVE AS TO COSTS

      My name is Lorianne, I am the case handler for the claim issued against you for a former Tesco Bank Personal Loan account in the sum of £1,599.03 plus interest, costs and fees totalling £1,860.43.

      I am in receipt of your Defence and I have reviewed the same in full. I note that you state our client’s Claim does not provide you with enough information for you to consider your position and you have requested proof of the debt. It is also noted that you state you never received a Notice of Default from Tesco Bank. We enclose a copy of the original Credit Agreement, Statement of Account, Default Notice and the Notice of Assignment sent to you when the outstanding debt was assigned to our client.

      Our client has made further enquires with Tesco Bank who have confirmed that you never raised any disputes on the account and Gregory Pennington were an authorised third party on the account.

      Our client is satisfied that the outstanding balance remains due and owing by you and that should the matter proceed further it would be successful at the hearing.

      Settlement proposal

      Our client will consider a sensible settlement proposal to avoid the expense of further litigation and therefore potential costs and fees being added to your debt.

      Please call 0113 335 3343 or emailComplexTeam@lowellsolicitors.co.ukto propose your settlement. If this is the first time you have emailed us, you will be asked for security information to verify that you are the account holder.

      We will review your proposed payment plan or one-off payment in order to reach an agreed settlement.

      If we do not receive your settlement proposalwithin 10 days, we are instructed to:
      • ask the Court to strike out your Defence;
      • seek to recover the full amount of this debt;
      • instruct an advocate to recover all costs from you if your case proceeds to a hearing. The advocate will also produce this letter in Court to evidence any wasted costs we have incurred. These are costs which could have been avoided if you had proposed an agreed settlement in order to conclude this matter at an earlier stage.

      You may wish to obtain your own independent legal advice.

      Kind regards
      Lorianne Joseph
      Complex Litigation Paralegal
      Lowell Solicitors Limited
      Hmmmm, now sure id agree that they have provided evidence of the debt without first having jhad a look at it, 99 times out of 100 they will have issues with their papers, its not uncommon for the papers to have errors in so id suggest as they have highlighted that you get the papers checked out first, then plan next steps.

      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Pt@roachpittis.co.uk .

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

      Comment


      • #48
        Thanks pt2537*I'll upload the evidence they have sent and see what the opinion is.

        Comment


        • #49
          This is the notice of assignment they sent apparently*
          Attached Files

          Comment


          • #50
            This is the default notice from 2013* 20200701_134105.jpg

            Comment


            • #51
              And the credit agreement*
              Attached Files

              Comment


              • #52
                They also sent a statement of the payments made and I did make small payments through an agent of theirs, up until august 2018, unsure why these stopped though.
                Any help or advice would* be great*

                Comment


                • #53
                  im sorry but what in the world is that?

                  A credit agreement that would be more identifiable as a picture of a martian, a default notice which doesnt seem to have the OFT statement (now FCA) and the notice of assignment which is largely irrelevant.
                  I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                  If you need to contact me please email me on Pt@roachpittis.co.uk .

                  I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                  You can also follow my blog on consumer credit here.

                  Comment


                  • #54
                    Hi pt2537*the default notice does have the oft statement attached. The cca does have the right details, I've just blurred them for posting on here.*
                    Am I still in any position to fight this?*

                    Comment


                    • #55
                      Originally posted by Emlewuna View Post
                      Hi pt2537the default notice does have the oft statement attached. The cca does have the right details, I've just blurred them for posting on here.
                      Am I still in any position to fight this?
                      you sound so sure the CCA has all the right details, has a lawyer checked it to make sure it has the prescribed terms, the statutory statements of rights remedies etc? Because i cannot see that they are there from what youve posted.

                      You also say the Default notice has the OFT statement, where?
                      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                      If you need to contact me please email me on Pt@roachpittis.co.uk .

                      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                      You can also follow my blog on consumer credit here.

                      Comment


                      • #56
                        Hi,
                        sorry I thought you meant because I have blurred the details like my name and address. No I haven't had anyone look over what has been sent.
                        I've just seen another page on the CCA and I'll attach the default oft statement.
                        Attached Files

                        Comment


                        • #57
                          That's the oft statement on the default notice

                          That is all they have sent though, nothing else. No other terms or conditions or anything.
                          Attached Files

                          Comment


                          • #58
                            Originally posted by Emlewuna View Post
                            That's the oft statement on the default notice

                            That is all they have sent though, nothing else. No other terms or conditions or anything.
                            sorry you misunderstand my point. The DEFAULT NOTICE not the OFT Notice, does not contain the statement required by s10A of the Default notice regulations. It is beyond doubt that the document you have attached does not contain the following statement

                            "This notice should include a copy of the current Office of Fair Trading information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included, you should contact us to get one."
                            I cannot see that on the document you attached. If it is not there, then the notice may well be invalid
                            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                            If you need to contact me please email me on Pt@roachpittis.co.uk .

                            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                            You can also follow my blog on consumer credit here.

                            Comment


                            • #59
                              Sorry, I'm completely new to this and obviously a bit panicky as I have around 8 days to respond to them and I don't know what to do.
                              that is all the information they have sent. Where do I go from here? Do I say stuff the settlement?

                              Comment


                              • #60
                                Hi pt2537 just a quick one. I requested everything tesco had on file and they didnt provide the default letter through the post, I've checked the date on the one Lowell have emailed but it doesn't appear here in the hard copies that tesco sent to me. Is that relevant? I feel like they might have cobbled it up!

                                Comment

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