Lowells Pre Legal Assessment Letter

[yiddo24]

Hi

Thanks for taking the time to read my post, any advice would be highly appreciated!
I have a CCJ from 21st September 2009 for £2479.52, when I received a letter from Lowells back in July 2014 I sent off a CCA request letter with my £1 postal order. They replied by saying because the client obtained a CCJ against me ''the effects of Section 78 of the Consumer Credit Act 1974 is no longer applicable in this case and documentation will not be provided for this account''

I received a letter from Lowells headed Pre Legal Assessment offering me a 50% discount (£1239.52) on my sum saying if I pay by the 13th August they will drop the CCJ off my credit report.

I just want to know where I stand on this matter? Are they right in the fact that they don't need to provide documentation and why would they offer a 50% discount?

Should I send another CCA request or a Letter of offer for a reduced amount seeing as they seem desperate to get this money?

Thank you for your help

[Kati]

Re: Lowells Pre Legal Assessment Letter

While a CCJ doesn't actually become statute barred after 6yrs a company would (I believe) have to apply to the courts to be able to enforce it, so it's possible that Lowells are trying to get you to pay the debt before this time. I think even a CCJ would be removed from your credit file after 6yrs anyway, so their offer of "dropping it off" your credit report means little if anything (IMO) :tinysmile_hmm_t2:

Try not to worry, there'll be lots of advice from the knowledgeable Beagles xx

[yiddo24]

Re: Lowells Pre Legal Assessment Letter

Thanks for the prompt reply Kati
I was under the same impression ,ie, the whole re enforce thing after 6 years, wonder what the chances of them actually doing this would be?

[FlamingParrot]

Re: Lowells Pre Legal Assessment Letter

Thanks for taking the time to read my post, any advice would be highly appreciated!
I have a CCJ from 21st September 2009 for £2479.52, when I received a letter from Lowells back in July 2014 I sent off a CCA request letter with my £1 postal order. They replied by saying because the client obtained a CCJ against me ''the effects of Section 78 of the Consumer Credit Act 1974 is no longer applicable in this case and documentation will not be provided for this account''

The above is correct, once judgment is obtained, it supersedes any agreement and they no longer have a duty to respond to a request under s.78 of the CCA.

I received a letter from Lowells headed Pre Legal Assessment offering me a 50% discount (£1239.52) on my sum saying if I pay by the 13th August they will drop the CCJ off my credit report.

I just want to know where I stand on this matter? Are they right in the fact that they don't need to provide documentation and why would they offer a 50% discount?

As above, they are right in that they no longer need to provide documentation as they've already obtained judgment. Having said that, the CCJ will drop off your credit report (and the public record which is even more important since anyone can search it for a small fee ) six years after it was recorded so it will go whether you accept their offer or not.

Have you been making payments into this CCJ?

CCJs don't go SBd even when they drop off the record and they can apply to the court to enforce it, will be more difficult if no attempt was made to enforce it in the first six years which is perhaps why they are thinking about just now. With a CCJ they can apply for an attachment of earnings (if you are employed) or a warrant of control to send bailiffs. Also a charging order if you own property and, for CCJs from that date, if you've not kept up with repayments.

Should I send another CCA request or a Letter of offer for a reduced amount seeing as they seem desperate to get this money?

Thank you for your help

Pointless to send another CCA request because it doesn't apply. As this is a judgment, you may want to negotiate a F&F settlement with them if you are able to do so, however, you have to make sure it's watertight and they won't pursue you for the balance. You may want to look at this thread with regards to F&F settlements: http://www.legalbeagles.info/forums/...stions-success

One thing I find odd is that they should head the letter "Pre-legal assessment", that would apply if they hadn't obtained judgment and were assessing whether to issue a claim.

- - - Updated - - -

Thanks for the prompt reply Kati
I was under the same impression ,ie, the whole re enforce thing after 6 years, wonder what the chances of them actually doing this would be?

They still have time to apply to the court to enforce it in any of the ways described above. They could even issue a statutory demand :scared: as the debt is above the current £750 threshold which is due to change in October I believe.

[yiddo24]

Re: Lowells Pre Legal Assessment Letter

Hi Flaming Parrot
Thanks for the detailed reply
I haven't paid anything off the CCJ, as I was unaware I had one as I was overseas when it was obtained, so I received nothing regarding the debt
I am in a position to pay the lesser offer, just didn't know where I stood regarding the statute barred situation
Thanks

[yiddo24]

Re: Lowells Pre Legal Assessment Letter

I've got the F&F template and I'm going to offer £750, do you think this is an acceptable offer?

[FlamingParrot]

Re: Lowells Pre Legal Assessment Letter

Hi Flaming Parrot
Thanks for the detailed reply
I haven't paid anything off the CCJ, as I was unaware I had one as I was overseas when it was obtained, so I received nothing regarding the debt
I am in a position to pay the lesser offer, just didn't know where I stood regarding the statute barred situation
Thanks

Sadly judgments do not go SBd.

I've got the F&F template and I'm going to offer £750, do you think this is an acceptable offer?

It's a good start. :thumb:

[nemesis45]

Re: Lowells Pre Legal Assessment Letter

I've got the F&F template and I'm going to offer £750, do you think this is an acceptable offer?

Advice from an old Yid.

Care with an F & F offer make it conditional as follows.

The offer is made conditional on the following points.

1. Any remaining Balance is not to be sold or assigned for collection to any 3rd party.

2. Credit Reference Files are to be updated to satisfied or partially satisfied.

3. Payment will be made within 7 days of receiving written acceptance of this offer.

It's best to make an offer of 10-15% of the balance as an opening gambit.

nem

[yiddo24]

Re: Lowells Pre Legal Assessment Letter

Advice from an old Yid.

Care with an F & F offer make it conditional as follows.

The offer is made conditional on the following points.

1. Any remaining Balance is not to be sold or assigned for collection to any 3rd party.

2. Credit Reference Files are to be updated to satisfied or partially satisfied.

3. Payment will be made within 7 days of receiving written acceptance of this offer.

It's best to make an offer of 10-15% of the balance as an opening gambit.

nem

Thanks Nemesis45
Sound advice taken on board!
Yid