Lowells £30 offer

[Smee]

Re: Lowells £30 offer

Hi Mike770
Thanks for this -
I know your right , they just keep coming and your right about the frequency too they have got longer between each one. As I am sure you all experience in these situations - you forget all about it for months and then it comes and bites you again putting doubt and panic through you. I just though at 20 0r 30 quid a month I would have better nerves. But I know it could be the thin end of the wedge

[wales01man]

Re: Lowells £30 offer

If they want to take you to Court after deciding you can pay they will their offer is probably not legally binding you like me must think they have no chance of winning in court aftervall why would they take payments for the next 50 years

[MIKE770]

Re: Lowells £30 offer

eventually you will get an annual statement from them with the odd begging letter, after 5 years Scotland or 6 years England then you tell them you will not be making any payment and to they can do a runner = statute of limitations act. as long as no admittance of the alledged debt.

these Debt buyers like a large portfolio of alleged debt it is what their business is founded on, they then hope to get peeps to panic and pay up without costing them monies to court etc, they also like people to sit back so they can get a CCJ by default as peeps scared to answer letters, that then adds to their grubby portfolio. sometimes they sell these to a bottom feeder Debt purchasers,

Buy for pennies and try to make pounds is their motto., never mind the poor person who genuinely cannot repay the grubby interest rates the originators charge, low on the outset then they can increase interest rates at will, the whole dirty cash business in this country stinks from the Government down.

[FlamingParrot]

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,

The can go to court even without the paperwork, which is what they do most of the time, hoping for default judgment. :mad2: :rant: However, if you challenge them and they haven't got the paperwork, they'll eventually have to give up. If they have the right documents then they could win, :flypig: although their chances of obtaining them are not great. :thumb

Or do they have to come back to you to arrange a suitable repayment package ?

Thank you

No, they don't have to take that step. :mmph:

[Berniethebolt]

Re: Lowells £30 offer

On reflection and after reading your more recent posts i am beginning to think that the do nothing option is the best if they are only writing to you with the odd begging letter and notice of sums in arrears . I must say all my creditors with the exception of Amex have stopped regular correspondence . Amex seem to insist on sending me a statement every month

[spirit2534]

Re: Lowells £30 offer

Such an offer from Lowell must be viewed with the greatest suspicion.
Lowell must be aware I think that there is some problem it's hard to guess
just what that might be.

CCA request is the way to go and don't get involved with Lowell by phone.

nem

I would suggest : never get involved with any DCA by phone, always in writing.:

[FlamingParrot]

Re: Lowells £30 offer

I would suggest : never get involved with any DCA by phone, always in writing.:

Absolutely! I can quote one rather extreme example of what can happen when you deal with them over the phone: someone defaulted on a loan in 2000, then set up a repayment arrangement over the phone and the creditor agreed to freeze interest so they kept the direct debit or standing order, whatever it was, running. In 2012 they received a statement for a whooping £24k!!!! It turns out they'd been adding interest during those 12 years and instead of the balance reducing, it just kept increasing as the reduced payments didn't make up for it and they had no way of showing they'd agreed to freeze interest in 2000!

Years ago I also made the mistake of settling a small debt by responding to one of those offer letters from AK (now PRA Group) who offered to write off the rest if I paid a certain amount, it wasn't substantial so I just picked up the phone and made a debit card payment. Sure enough, I kept getting letters asking for the balance for years to come! :mmph:

[MIKE770]

Re: Lowells £30 offer

same as happened to me years ago, I was offered a full & final so I paid it, only to find out that the balance was chased in later years, I ended up paying the difference, which only years later I found was a case of not knowing to insist that debt balance was not passed on, then tried to get the difference back thru their so called solicitors and the 3 different DCAs, as I found that one area that really misled me was the same debt but they used two different account number which related to the same account. never heard a whisper from the bastards, let alone the limitations time ran out quickly to .

[FlamingParrot]

Re: Lowells £30 offer

You live and learn! :thumb:

I was silly enough to ring and pay with a debit card because it was such a small amount I couldn't be bothered with it any longer. That must have been in 2008 and then kept getting letters regularly for the balance, which I ignored and I'm sure it's SBd by now. :grin:

[MIKE770]

Re: Lowells £30 offer

mine was maybe 2003/4?

[FlamingParrot]

Re: Lowells £30 offer

mine was maybe 2003/4?

Those were the Dark Ages when we were all at sea!

[Smee]

Re: Lowells £30 offer

Hi Everyone

Thanks for this further advice. I have not sent the CCA letter it is sat on my window sill with the postal order ready. I think on reflection and what you all say here it is best to just leave it. My only concern really is that I will be away for the whole month of November and I would hate a summons to arrive whilst I was away and I could not deal with it. do courts take into account if it is issued and you are out of the country. I suppose airline tickets and visa stamps would prove it. Odd question I know.

I can't thank you all enough for calming my nerves and putting these things into perspective - thanks everyone
Smee

[FlamingParrot]

Re: Lowells £30 offer

Hi Everyone

Thanks for this further advice. I have not sent the CCA letter it is sat on my window sill with the postal order ready. I think on reflection and what you all say here it is best to just leave it. My only concern really is that I will be away for the whole month of November and I would hate a summons to arrive whilst I was away and I could not deal with it. do courts take into account if it is issued and you are out of the country. I suppose airline tickets and visa stamps would prove it. Odd question I know.

I can't thank you all enough for calming my nerves and putting these things into perspective - thanks everyone
Smee

No, It's not an odd question at all!

What happens is, you have 14 days to acknowledge a claim. If you don't, the claimant can request default judgment. If that was the case, you'd have to apply to have the judgment set aside and that's where the airline tickets and visa stamps would come in, to show why you were not able to respond. However, that's just part one of the set aside process. Part two is showing you have a valid defence to the claim. Unless you qualify for fee remission (not very likely if you are working), you'd have to pay a £155 application fee.

[Smee]

Re: Lowells £30 offer

Thank you Flamming Parrot, Lets hope it doesn't come to this.
I am still considering to accepting their offer even though it will drag on for 50 years ! . . . . I be long gone dead by then ;-)

I suppose it could just drop through the door at any time, it's not as though they have to give you notice of a claim being lodged . . is it ?

Once again many thanks for all your time and advise, it is most appreciated
Smee

[FlamingParrot]

Re: Lowells £30 offer

Thank you Flamming Parrot, Lets hope it doesn't come to this.
I am still considering to accepting their offer even though it will drag on for 50 years ! . . . . I be long gone dead by then ;-)

I suppose it could just drop through the door at any time, it's not as though they have to give you notice of a claim being lodged . . is it ?

In principle, they do, there is such thing as the pre-action conduct that says a claimant should send a letter before action or letter of claim before issuing a claim: https://www.justice.gov.uk/courts/pr...on_conduct#6.1

Steps before issuing a claim at court

6. Where there is a relevant pre-action protocol, the parties should comply with that protocol before commencing proceedings. Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, bearing in mind that compliance should be proportionate. The steps will usually include—

(a) the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;

(b) the defendant responding within a reasonable time - 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of any counterclaim; and

(c) the parties disclosing key documents relevant to the issues in dispute.

In many cases claimants do send a letter of claim before issuing a claim, not always, however, many people ignore such letters and dismiss them as yet another threat-o-gram! :Cry:

It's ALWAYS worth replying to such letters, in the majority of cases, a suitable response stops them in their tracks. :bolt:

Do keep us posted. :typing: