Lowells £30 offer

[Smee]

Re: Lowells £30 offer

Hi Smee
Who was the loan with? It's rather odd that the should just have chased for three years without issuing court action for such a large amount.

When did you default on this loan and when did you last make a payment? When did you take out the loan?
If you've not made any payments or acknowledged the debt in writing in several years, I wouldn't recommend it, sounds to me like an attempt at getting you to acknowledge the debt. :scared:

No, informal repayment arrangements are not legally binding and they can still issue a claim even if you keep up your agreed repayments.

For claims over £10k that are issued electronically, the court fee is 4.5% of the amount claimed, however, creditors like Lowell who issue lots of claims can pay lower fees by issuing claims in bulk. There are also solicitors fees and further fees to pay such as hearing fees, etc. :wof:

Do bear in mind they'd have paid 10% or less of the alleged outstanding amount for the account though.

I would hit them with the CCA request and ignore their £30 offer to avoid acknowledging the debt.

Once you've sent the CCA request and the 12+2 working days are up, you can dispute the account on the basis of non-compliance with s.77 of the CCA.

They'll have to go back to the bank to get the documents and the bank will be in no hurry to dig them up as they have sold the debt. if you get something in response, do post up here, that's the best way to find out how enforceable (or otherwise) this loan is. :thumb:

Sorry if I didn't reply properly - just getting used to how things work on this site.
I have decided to do as you suggest and issue a CCA letter, just need to find where to get it from.

Thank you so much for your advice
Smee

[Mr $quanda£ot]

Re: Lowells £30 offer

Can anyone help and tell me where do I find the CCA forms to send

Thank you
Smee

Look at our library under Consumer Credit Act 1974.

Sending a CCA request doesn't mean that you would have to pay them any more than now. In fact, it makes no difference but should show Lowells that you are more on the ball than most people.

CCA request is for information purposes only. However, if they are unable to send you anything they are not very likely to take you to court.

[Berniethebolt]

Re: Lowells £30 offer

This is my preferred style of letter

Your name
Your address
Your address
Your Postcode

DATE

Creditor Name
Creditor Address
Creditor Address
Creditor Postcode



Dear Sir/Madam

Re:− Account Number xxxxxxxxxxxxxxxxxx

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,


YOUR NAME

If you want other options look here http://www.legalbeagles.info/forums/showthread.php?751


When I have sent them in the past I have just signed using a fancy font on my computer and i have never been asked for a real signature, I think I have sent more than 20 .

With regard to Lowell it maybe that they think they know something about your finances such as very low pay or on benefits , don't own your own house . When for example someone is long term sick should they follow the court route they nay only get £1 a month and it will take them years at that rate just to get back the cost of the fees .

I have a 5.5 K debt with them that they haven't chased and a 16K debt with another debt purchaser and they haven't chased too much either. They must think they have a reason not to chase

You may have mentioned it earlier but who was the loan with and when was it taken out?

[Smee]

Re: Lowells £30 offer

I am so sorry to be a muppet - but where do I find the library - Doh !!!!!!!!

[Berniethebolt]

Re: Lowells £30 offer

Ive posted them up for you

[Mr $quanda£ot]

Re: Lowells £30 offer

Just to clarify, compliance with a CCA request doesn't make the alleged debt enforceable. Many creditors tend to try to fob you off in this sense, saying that they have complied with the CCA request. If you read Santander vs Mayhew judgement, you will see some interesting points.

The fact that your loan was taken post April 2007 does make it less likely to be unenforceable. Let's see what the Leeds losers send you. The fact that they haven't issued a claim and are now clearly trying to make you acknowledge the debt indicates that something might be missing!

[Smee]

Re: Lowells £30 offer

Thank you $quanda$ot
When you say after 2007 it's less enforceable - can you please expand.
I will find the dates and send them on

Thank you again
Smee

[Mr $quanda£ot]

Re: Lowells £30 offer

Any loan or credit taken from 6 April 2007 is likely to be enforceable as per Consumer Credit Act 2006.

[Smee]

Re: Lowells £30 offer

Hi $quanda£ot
I am going to put the CCA letter in recorded post tomorrow.
I suppose it's a waiting game now.
Will I still be able to let you and others know the outcome by coming back to this post or would I need to start a new one.
Once again Many thanks to you and all the others for your advise.
Smee

[judgemental24]

Re: Lowells £30 offer

Just to put a spanner in the works

If you have had no prior contact for years over this debt, why start now by sending that CCA Request??

It seems to me to be nothing more than a phishing expedition and they now have you on the hook to make contact.
I would not be surprised if this was nothing more than a computer generated template sent out in the thousands
A DCA would not be making these sorts of offers unless they know the account is dodgy.

I have had many of these sorts of letters over the previous six years and i have ignored every single one

Why start pulling a tigers tail, if they start to get heavy in letters such as a letter before action then send the CCA request

But it is your choice and only my own opinion

[Berniethebolt]

Re: Lowells £30 offer

There seems to be a lot of confusion

1) Regardless of the age of the debt if a creditor can not comply with a CCA request the account can not be enforced in court ( unless you don't bother to defend it). This only lasts until the creditor complies with the CCA request

2) For debts opened after Apr 2007 , once complied with the agreement generally becomes enforceable . In this case every case has to be dealt with on an individual basis and it will not be the agreement per se that causes the creditor problems it will be other things such as a non compliant default notice, failure to supply sums in arrears letters, statements etc

3) A debt open before Apr 2007 , the creditor only needs to provide what they believe is a true copy of the agreement for the CCA request to be complied with BUT the agreement has to be factually correct and set out so as to comply with the consumer credit act. If it is not set out correctly the account may be irredeemably unenforceable which means that they can not take you to court again or record a default ( That applies if a judge has ruled it to be irredeemably UE)

In the Santander v mayhew case even though it was argued that the S78 request was non compliant the judge decided that the creditors had provided what they believed to be the right documents so she ruled that it was OK. She ruled on 3 other aspects that it was unenforceable .

Hope that doesn't confuse you any more

[Kafka]

Re: Lowells £30 offer

Will I still be able to let you and others know the outcome by coming back to this post or would I need to start a new one.
Smee

Keep everything on this thread. If you keep starting new ones - as some people do - then the information gets split up and the advice you get may not be based on the full details.

[Smee]

Re: Lowells £30 offer

Hello Judgemental24

Thank you for your post

I have not posted it yet I was going to do it this morning.

Like you I have never responded through a whole host of debt collectors who all seem to originate from Lowells there may be about 6-8 of them all issuing various threats of one sort or another. I now seems to have reverted back to them. They sent me a letter almost 6 months ago saying that they would not contact me for 6 months. which said, under the title of - 'NOTICES -
"For so long as you continue to be behind with your payments by any amount, you will be sent notices about this at least every 6 months. We are not required to send you notices more frequently than this, even if you get further behind with you payments in between notices, and we would request you to contact us on the details provided to discuss payment of your account "

This new letter says - which is now a month old

"In an attempt to demonstrate how flexible we are willing to be we would like to offer you a monthly repayment plan, so that you no longer have to worry and to stop any further action, such as litigation. We would like to suggest a payment plan of £30 per month, this means you can repay your account by Direct Debit for the equivalent of £1 per day. If you cannot afford this, please call ...... where one of our advisors will be able to discuss further options with you, or you can visit ........ and either pay your balance by debit card of set up an affordable monthly Direct debit."

Scratching my head here !
My heart says ignor it - my head says take a deal even if it's 30 at least it should then be a figure that only I would be able to change, I would hope ! ! ! ! !

Than you for your advise
Smee

[MIKE770]

Re: Lowells £30 offer

Same letter they send out from their treadmill to everybody = another begging letter, why have they not taken you to court yet ? wonder why! they try to use mind games , they pay pennies then beg you to pay pounds, they probably send another one soon begging again!!! we have all had them, and still do but less frequently.

[Smee]

Re: Lowells £30 offer

Thank you for your note Berniethebolt.

Are you saying that even if you go through the CCA route and they comply they can go straight to court if they have the right paper work available, Or do they have to come back to you to arrange a suitable repayment package ?

Thank you