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My parents had a debt going back over 15 years ago that wouldn't except going into their IVA. The debt was then sold to Lowells. Last March/April Lowells offered my parents a full and final payment settlement figure for the account to which my parents accepted and paid. They have a letter from Lowells which says that the account is paid and £0 balance owing. Account is now closed. They were supposed to remove the charging order from the Land Registry on receipt of this. However, my parents wish to do equity release from their property and have learnt that it is still on there and cannot move ahead until it is removed. Lowells have now stated that a staff error was made and that the account should not have been closed and that the final remaining balance is still owed and have re-opened the account. Can they do this? My parents have a letter stating that the account is paid in full and no balance owing from them. My next question is how do they get the charging order removed from the land registry? Any help and advice greatly appreciated. My parents are elderly and this is causing severe stress.
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Hi TEAGIRL
Welcome to LB
A Full and Final Settlement is a legal contract, so they shouldn't be 'reneging' on it, it's legally binding.
Make a formal complaint in writing to Lowell's (complaints form or post) with the 'facts' explain that it is causing 'severe stress', follow their complaints procedure on their website.
https://www.lowell.co.uk/complaints-process/
They have 8 weeks to resolve the complaint, once they send you their final response / deadlock letter if you aren't happy with the outcome, the you can lodge a complaint with the Financial Ombudsman Service. You parents should be compensated for the 'stress' etc that this is causing them.
**Don't speak to them over the phone**
You have other avenues of complaint, but this is straightforward.
Update the thread with their response. -
Thank you for your reply. My parents went through complaints with Lowell and they basically said that the debt is still outstanding and offered them a measly amount of money in way of an apology. They then went to the Finance Ombudsman but have just heard from them to say that they cannot help with this matter. Is there anywhere to go from here?Comment
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Your parents should let Lowell's take them to Court, I believe Lowell's would not be successful. They excepted 'Full and Final Settlement, they would have carried out all the checks to close the account. Claiming an employee made an 'error' is ridiculous.Originally posted by Teagirl12 View Post
Contact CAB, then update the thread.Comment
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The strange thing is that Lowells have not contacted them since and have made no effort to chase for the remaining balance supposedly now owed!? It just doesn't make any sense to me. Can my parents apply direct to the court to get the charge removed considering they have written evidence that they have paid the debt to which Lowells accepted.Comment
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Yes an order for specific performance can force Lowell to remove the charging order. But you also need to seek damages for the breach of contract. This his not uncommon and is down to them not really being bothered now they've got their money. A well drafted pre-action letter sent to their legal team should be a first step. What do they mean the debt is still outstanding?
If the Finance Ombudsman is being useless then you could try the ICO as this is very incorrect data handling.
"Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012
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Lowells offered my parents a settlement figure of £5000.27 in which they paid. The debt amount was originally over £14,000. The £5000.27 was full and final settlement to close the account and told my parents they would remove the charging order on the house. They are now saying that their was an admin error their end and this should never have been done. My parents have a letter of prove that they paid and that their account was £0. They owed nothing and the account was settled. Lowells are now saying they owe the remaining difference, yet have not chased or sent any letters since. They urgently need this charging order removed from the property so that they can do equity release. My mother has heart health problems and the stress that this is causing. My father is 75 and still working full time, wanting to get this sorted so that he can finally retire. Any suggestions on where to go next would be greatly appreciated. Thank you.Comment
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Can I also add that they have contacted CAB and they have told them to go down the legal route but that's ok if you can afford to! I'm not sure how I go about checking if they would get legal aid etc. This is a little out of my depth!Comment
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So your first step is 'A well drafted pre-action letter sent to their legal team should be a first step'.Originally posted by Teagirl12 View Post
Have a go at writing it, then post the letter on the thread without personal details.
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