County Court Claim - Negotiating with Lowell

[Guest]

Hi Everyone,

I am new here, I just wanted to get some advice on a recent County Court Claim I received from Lowell. It states that I currently owe £1078 and the total cost including court fees and interest will be £1,310.78. I believe it was from a previous account I took out with Hitachi Capital which I thought I actually payed but it turns out I missed the last 6 months of payments back in 2018.

After sending in my defence and requesting documents from Lowell as advised on many websites I then received a response via Email from Lowell stating that they will be happy to settle the debt in full and final settlement for £1000. I then counter offered the amount for £400 and they rejected this offer and replied with an £850 offer. I wanted to know if I should counter offer again to try and get the amount lower or shall I accept the £850 although it is a very difficult and large amount for me to pay due to currently being out of a job because of the pandemic. But I really want to sort it out as soon as possible and avoid taking it to County Court.

Has anyone had experience or advice they can give me in regards to negotiating with Lowell? Shall I call them to maybe discuss over the phone?

Thank you so much as any help is much appreciated

[cp84]

currently going through the same process with lowells, although a little behind you. my defence isnt submitted yet. In deciding whether to accept their offer id consider the strength of their case and the discount on offer.

If they have a strong case id probably either accept, or try to haggle a bit further. maybe meet them in the middle and offer £625. If their case is weak. maybe they haven't produced the required evidence, then id consider taking my chances with the judge unless a significant discount was offered.

[Poppybee]

Thank you for your help and guidance. I really appreciate it as I don’t know who else I can turn. I just created an account so I can keep track of the thread.

So far Lowell has only provided me with the notices of assignment sent by Hitachi but nothing else. They said they have contacted Hitachi Capital for the other requested documents. Therefore I am still unsure whether they have a strong case or not. Nonetheless I just want to get it resolved so we don’t have to take it further to County Court.

I want to counter offer with a £500 offer but Im scared that they will them withdraw the whole initial offer. What do you think?

[cp84]

I want to counter offer with a £500 offer but Im scared that they will them withdraw the whole initial offer. What do you think?

you don't say if you have a hearing date yet. you could have months to negotiate a settlement. if so, it provides plenty of time to keep haggling. with the lack of agreement or default notice, you should have a strong defence so long as they don't produce the documents between now and the hearing date. Id give it a try at £500. your in a strong position. Just be sure to get any settlement in writing before payment.

[Poppybee]

Hi, just thought I’ll post a quick update. I emailed Lowell in regards to a counter offer of £500 but they have declined my offer again and came back with an full and final settlement offer of £725.

The offer £725 is still a bit out of my budget and I am hoping they would be able to go lower on the offer. Do you think I can ask again whether they will accept £500 or would I have to submit an higher offer?

Also I wanted a bit of advice on what would show up on my credit file once I have settled this amount. Am I able to ask Lowell to take of any defaults if I settle with an higher offer?

Thank you cp84 for your help so far. I have been so lost in this situation and I greatly appreciate the help and guidance you have been giving me throughout.

[cp84]

id suspect a counter offer between £500 and £725 would be required to settle. My understanding is that they will usually mark the account settled or partially settled. defaults will still be visible until they drop off after 6 years. it looks like the two figures aren't that far apart. it should be possible to meet somewhere in the middle.

alternatively you could let the claim proceed to a hearing. If they have been unable to produce the documents you requested, it could give you a strong defence. They will need the agreement, default notice and notice of assignment. they will also need a statement showing how the balance was reached.

Need to consider the chances of success as a hearing isn't without risks. you could end up needing to pay the full amount. if your case is strong, it may be a gamble worth taking.