lowells notice of acting

[sarah2399]

My partner has received a ntoice of acting from lowells to say that overdales are now instructed to deal with debt. they are offering a payment plan. Is it best to act on this or should we wait to receive further request. Im not sure where a notice of acting falls within the process to result in court and a CCJ

[echat11]

Hi SARAH

You would get further letters before any court action is taken. They have to follow CPR rules before they can do anything. Depending on how old the debt is, there are things you can do.

[sarah2399]

oh thank you so much for responding. What type of letters might be in the pipeline and what are the options do you think? My main concern is bailiffs forcing entry when im not there. I have two dogs, one of which whilst lovely with me, might attack an intruder. Also I worry they might try and take partners work van, without which he wouldnt be able to work at all. Thanks for any light you can shed on these matters

[sarah2399]

it is my house I forgot to say, partner is not on the mortgage

[echat11]

You really need to provide a full summary of the debt including,
What type of debt is it? How old is the debt?
What makes you think the bailiffs has been instructed?

[DE DOGS]

Bailiffs cannot remove the van as it is subject to his need to work

[sarah2399]

Sorry have been at work. Debt about 4 to 5 years old at most. Probably less. Credit card debt. I don't think bailiff involved yet I'm just anxious to get advice in case that happens. Thanks

[echat11]

What you could do is ask them to freeze all interest on the account and refund all charges back to the account.

Once they done that, you could fill in an income and expenditure form. Work out what you can afford to pay each month, it's not a priority debt, so if it's £5 a month so be it.

Only communicate with them in writing, if you post anything get Proof of Postage.

If you look at the right of the screen, you'll see income and expenditure under Shortcuts.

https://www.citizensadvice.org.uk/de...itor---letter/

[sarah2399]

de dogs. I thought that but was recently told on another site that work tools/vehicles can be taken if they are over a certain value, I think I recall it was the figure about 1300? is this not the case and value doesnt come into it? Just the fact that is it what he uses for work?

echat11. just tried to look at the expenditure form but it was blocked as unsafe??

Thanks all

[echat11]

de dogs. I thought that but was recently told on another site that work tools/vehicles can be taken if they are over a certain value, I think I recall it was the figure about 1300? is this not the case and value doesnt come into it? Just the fact that is it what he uses for work?

echat11. just tried to look at the expenditure form but it was blocked as unsafe??

Thanks all

It is safe, it's all to do with how it's accessed by your browser, i.e. http, https etc.
There are other income and and expenditure forms you can use CAB has them too.

[sarah2399]

ok i will look at that now. As a side question, is overdale a real solicitor or is it a department within lowells do you know? Because I have heard they have the same address. Is this letter likely to be designed to put pressure on a person, or is the threat of court action very real.

[echat11]

ok i will look at that now. As a side question, is overdale a real solicitor or is it a department within lowells do you know? Because I have heard they have the same address. Is this letter likely to be designed to put pressure on a person, or is the threat of court action very real.

It's probably in-house, but even their in-house lawyers has the ability to lodge court claims.
I wouldn't get into what they can and can't do, it's really what you do to get back in control of the situation.

[sarah2399]

I know I was curious. So if I wait for the letter before claim (I assume this would be the next letter he would receive in the process) can we still submit an offer of a monthly contribution do you think or do we have to do it now? Also, do they usually insist on proof of income/outgoings?

[echat11]

a) So if I wait for the letter before claim (I assume this would be the next letter he would receive in the process) can we still submit an offer of a monthly contribution do you think or do we have to do it now?

That letter would state that you should contact them to make a payment arrangement, it might also include a income / expenditure form. So yes, but I'm not sure there is any benefit in waiting for it.

b) Also, do they usually insist on proof of income/outgoings?

They usually don't require proof, but they do require an I / E form.
Fill one in and see where you stand financially.

[sarah2399]

I will do. Does the letter in question actually state 'letter before claim'? What does it look like/how many pages etc? This letter already received states 'notice of action', has one page only and no timescale.

Thanks again for your patience, have no experience of debts personally and want to be sure im doing it right. Partners head in the sand still Im afraid, so am doing my best alone!