Lowell claim form

[Christie]

Ok I think the only option I have is to negotiate with them.....or pay!
My debt was £3000, they want £2800 in one off payment...and this is what I was thinking to do...
again coming back to PPI claim because really dont know what else I could use
On PPI claim bank admited their fault, apologised blah,blah,blah....they returned the WHOLE £3000 ,not only the PPI charges, but they also wrote that if not PPI charges my balance at that time would be £1000. I probably wouldn't be in debt at all...so I was going to show them that and offer them £1000 to settle the debt...what do you think??
I just dont understand if bank paid me back ,admited the fault why should I pay them??? Or what other suggestions do you have???I have to come back to them in few days time and wondered wht would be the best move here.Thank you for reading and thank you for help.

[echat11]

Sit down, work out exactly what you would have owed them at the time. Don't take their word for it that it was £1,000. Then write a letter, write 'Without Prejudice' on it at the top, underline it. Make a Full and Final settlement offer.

Then explain exactly why you are offering £XXX amount (take interest and charges off) and not the £3,000 they are seeking.

Attach their letter, 'but they also wrote that if not PPI charges my balance at that time would be £1000' explain that you will bring this letter to the attention of the Court. Make sure you get Proof of Postage.

Amend the template to suit your circumstances -

https://moneynerd.co.uk/full-and-fin...tlement-offer/

Just to add the agreement needs to be legible (able to read it 'straight off the bat') and they need to provide the latest version T's and C's applied to the account. I'm not sure they can.

[Christie]

Thank you ,I will do that. Let's see what happens.

[Christie]

Hello, so I wrote something like this:
Not sure if this is ok, could please someone kindly read it? And make any changes if needed...

Thank you for your letter ,dated XXXXXXXX


I would like to request another copy of the original Credit Agreement.

Unfortunately, the one you have sent to me is unclear as it is a “copy of a copy”, which is not only hard to read but also could be easily edited or changed.


As for the transactions, I don't recall making any payments.

On the statements, there is no account number you are referring to nor how or by whom the payments were made. I request you send another list of transactions including those details so I can clearly see that these statements belonged to the mentioned account and were made by myself.


Regarding the outstanding balance on this account, I have not realised there was any. Few years ago I made a PPI claim on this account. The original lender, XXXXXXX, admitted miss-selling the product and refunded the whole amount. They also calculated that without PPI charges my card balance would have only been £XXXXX. The charges were so high I couldn't maintain the payments. I will use this as evidence in court.

However, to avoid further court costs, I am willing to reach an solution by agreeing to pay the amount of £XXXXX. This amount represents the balance my card would have if PPI was not miss-sold. I find it fair for both parties.

Please let me know if your client XXXX accepts this as final settlement offer.

[Christie]

Thank you

[echat11]

Without Prejudice

Thank you for your letter dated XX/XX/XXXX.


I would like to request a legible copy of the original Credit Agreement.

Unfortunately, the one you have sent to me is illegible, which can not be read.


As for the transactions stated, I don't recall making any payments.

On the statements, there is no account number you are referring to nor how or by whom the payments were made. I request you send another list of transactions including those details so I can clearly see that these statements belonged to the mentioned account and payments were made by myself.


I made a PPI claim on this account, that was sometime ago. The original lender, XXXXXXX, admitted miss-selling the product and refunded the whole amount. They also calculated that without PPI charges my card balance would have only been £XXXX. The charges / interest was so high I couldn't maintain the monthly payments. I will use this as evidence in court.

However, to avoid further court costs, I am willing to reach a solution by agreeing to pay the amount of £XXXXX. This amount represents the balance my card would have if PPI was not miss-sold. I find it fair for both parties.

Please let me know if your client XXXX accepts this Full and Final settlement offer.

I am making this offer on the clear understanding that, if you accept it, neither you nor any associate company will take any other action to collect or enforce this debt in any way and that I will be released from any liability.

If you accept this offer, please confirm that you will mark my credit reference agency file to show that the above account has been paid and closed

I can pay the amount I have offered within XXXXXXXX weeks of receiving your written agreement of this offer.

Please give me details of how I can pay.

I look forward to hearing from you.

[Christie]

Thank you so much!

[Christie]

Hello, following my letter they have just sent me this.
Attached THE SAME copy of agreement ,so this is the only one they have...
Also asking for PPI documents. I have already sent them a copy of one page with the proof that "my balance without PPI would be..."etc,etc...
I hope it is not a trap them wanting to see all
Many thanks

[echat11]

Update the thread, when they get back to you.

[Christie]

Hello, just wanted to say it has been over a month and they say nothing?! Asked me for the forms of PPI which I sent but they have not responded. I have feeling they went straight to the bank to dig for more details
Also, in the meantime I received the directions questionnaire from the court which I filled in and sent to both.

[echat11]

Did you request 'mediation' when filling in the DQ? If so the next thing should be 'mediation'.

They should still respond to the information you've sent them, they asked for it.

[Christie]

Thank you.
Yes ,I filled all as you suggested.
I received invitation for a telephone mediation next Tuesday. I dont really know what to expect, can anyone suggest something I should definitely say or do I offer settlement figure or that won't "pay a penny"...

[Celestine]

When discussing settlement, don't admit the debt but do say that you'd be receptive to settlement options to avoid the stress and time involved in a lengthy legal dispute. Final hearing could be next year given current court timescales. You have some good solid arguments about the balance without PPI and the fact that the credit agreement is illegible. Keep sticking to those points in regard to your attitude to settlement. You have sent a without prejudice letter offering a certain amount, so that will be your starting point.

[echat11]

Make notes before the hearing, of your main points, everything highlighted by Celestine and that are on your thread.
Don't be scared to make to make 'low' offers. Even when the mediation has ended, you can continue to make offers.
Enter the mediation with a strategy, developing one during mediation is difficult.

Here is an insight into mediation -

https://www.smallclaimscourtgenie.co...ation-service/

[Christie]

Okay ,thank you everyone for your advice. Let see what happens.