Lowell Finance chasing me

[chil]

Hi, Newbie here so apologies for any mistakes.
I had a debt about 10 years ago for about £360 which was from a previous marriage which I was chased for by Lowell Portfolio about 4 years ago. I sent them the recommended letters with a £1 PO to prove the debt and my original contract, which the did albeit a rather shifty looking computer generated copy (that wasn't even printed straight) and a further demand for the said amount. I had moved about 2 years since the letters and only found after checking my credit report that I now have a CCJ issued November 2011 which I had no knowledge of. I am now getting letters from Lowell Finance requesting payment of debt (same amount as CCJ) not sure what to do really. Any help will be grateful.

[chil]

Re: Lowell Finance chasing me

Thanks for the advice, I have had a look at your link Charitynjw but don't think it will help. I am going to write to Lowell's to offer a monthly payment but don't really know how to approach it.

[charitynjw]

Re: Lowell Finance chasing me

But if it were me, I wouldn't deal with them 'direct'.

DCA's often move the goalposts after a while.

I would approach them through a free advisory service, ie http://www.stepchange.org/

See post #14 above.

& http://www.legalbeagles.info/forums/...372#post352372
Post #7

[QCKate]

Re: Lowell Finance chasing me

I don't think I want to take the risk with the fee as I really don't have that sort of money. I could pay £30 a month and the debt paid off in a year but it's whether Lowells will accept it and if they don't then it means that I have admitted the debt.

Youve admitted the deby anyway Chili by the last paymen to crap 1. If £30 a month is all thats affordable Criminolwells will have to accept it and its a very reasonable amount anyway so they probably will without too much trouble.

QCK

[chil]

Re: Lowell Finance chasing me

I don't think I want to take the risk with the fee as I really don't have that sort of money. I could pay £30 a month and the debt paid off in a year but it's whether Lowells will accept it and if they don't then it means that I have admitted the debt.

[FlamingParrot]

Re: Lowell Finance chasing me

To add to all the helpful comments above, :yo: you can apply to have the judgment set aside on the basis that you did not receive the court papers at the time, but you would have to show to the court that your creditor had your current address and that you have a viable defence, otherwise the claim could be re-issued and you'd end up with a CCJ once more, back to square one.

If you were making token payments, then the debt wouldn't have been statute barred because it requires 6 years without payment or written acknowledgment.

To apply for a set aside, you'll need to fill out an N244. There is a £80 fee which may not make it worthwhile given the small amount of your judgment, although you may be able to get the fee waived if you are on a low income or reliant on benefits. :thumb:

See this for full info: http://www.nationaldebtline.co.uk/en...e_county_court

[Nibbler]

Re: Lowell Finance chasing me

Instalments over how long? If you can set aside and pay soon enough to avoid a new CCJ being registered permanently then it may be worth it. If not then you would risk just ending up with newer judgement on your file.

[chil]

Re: Lowell Finance chasing me

Thank you for all the advice, I'm going to have a look through some of the links and try to make a decision of where to go next.

[charitynjw]

Re: Lowell Finance chasing me

Hi chil,

This is the Lowell Group - http://www.lowell.co.uk/who-is-lowell-group.aspx - of which Lowell Financial Ltd are a part.

They sign up to a Code of Practice - http://www.lowell.co.uk/CSADBSGCodeOfPractice.pdf

The Office of Fair Trading has also issued guidelines - http://www.oft.gov.uk/shared_oft/con...it/oft1299.pdf

You can get free help & advice from various debt advisory services - https://www.gov.uk/options-for-payin...debts/overview


& only ever deal with Lowells in writing (keep a copy of any letter you send, & get proof of postage, or use email)

& of course, we are here to help as well - keep posting & let us know how it's going, or if you need further assistance.

[chil]

Re: Lowell Finance chasing me

Hmmm, ok thanks. I'm not really sure what to do as I wouldn't be able to pay it off in one go would hope to pay in instalments.

Re: Lowell Finance chasing me

Just found some more paperwork and the last 'token' payment I made to Cap1 was on 14/02/11 not sure if this helps or affects things.

It certainly does not help, as it means the debt was not statute barred at the time you were sued.

On the other hand, you may still be able to get the judgement set aside merely on the grounds of non-service of the summons and, if/when that happens, you can then pay off the debt in full.

[chil]

Re: Lowell Finance chasing me

Just found some more paperwork and the last 'token' payment I made to Cap1 was on 14/02/11 not sure if this helps or affects things.

[chil]

Re: Lowell Finance chasing me

[QUOTE=ostell;351539]Careful about paying!! You may not have to pay anything at all.
That would be great but I will need to check some more paperwork as I was paying £1 a month to Cap1 until they sold it but I have never acknowledged it even after Lowell provided my original agreement. Will I still be able to get it set aside though even after all this time? I just don't want to have bailiffs knocking at my door as I have a new life and am up to date with all my monthly outgoings and I don't want this upsetting the applecart.

[ostell]

Re: Lowell Finance chasing me

Careful about paying!! You may not have to pay anything at all.

If nothing had been paid for 6 years or more and you have not acknowledged the debt either it is, in all probability, statute barred and you may be able to get the CCJ set aside and then you will not have to pay anything and Lowells can go whistle.

[chil]

Re: Lowell Finance chasing me

Well I have dug out all my old paperwork and found that Lowell's sent me a copy of my original Cap1 agreement and everything that I spent on the card. The letter is dated 28/04/2011 which is 7 months before my CCJ was applied. I want to try and pay it off as it is £360 but can't afford it in one lump and from what I have heard on Google Lowells try to stitch people up for more money.