lowell solicitors ccj threat

[leejc]

Can anyone help me please?

I have received a letter from lowell solicitors regarding a debt with vanquis over a credit card i got into a mess with after i lost my job and couldn't afford to pay it back and they wasn't willing to help, it then went to lowell and i offered them £5 a month through their website but heard nothing from it to then get a letter from lowell solicitors, thinking i was clever i ignored the first one and then recieved another one but this time threatening that if i do not make payment of £868.55 or set up an affordable payment plan i would get a ccj registered against my name, anyway i rang them to see what the possible options were and got told that i can make full payment to avoid a ccj to which i said i couldn't afford to so he took details of my income and outcome and said that they could offer me £45.72 a week over 5 months to avoid the ccj but if payment was late by 1 day i would get a ccj anyway, i said that's still too steep for what i can afford with having 3 children and 1 due in november, he said they could set up an affordable monthly payment plan but this would also result in a ccj against my name and that the best option is to pay the £45.72.

Is this correct or am i correct in thinking that if i offer my affordable monthly payment that a ccj can't be registered against me as it hasn't made it as far as court where i get 21 days to repay the amount in full.

Thanks in advance lee.

[Guest]

Re: lowell solicitors ccj threat

First of all, don't ring them! Keep everything in writing so you have evidence of what has been agreed.

They are seriously misleading you with the CCJ, they can't just register one, they need to issue a claim which you could defend or settle before it gets to court, and the whole process would take much longer than 21 days. Once there is a CCJ against you, you can pay it in full to avoid it being recorded, but you have one month to do so, not 21 days.

If you enter into a repayment arrangement, they can't just record a CCJ because you are one day late, that's seriously misleading! They still need to issue a claim (and pay a fee for the privilege) and go through the whole process.

£45.72 a week sounds like a lot for a debt of just over £800, many people pay less than that for debts of thousands. Don't let them bully you into offering more than you can afford. Remember a claim hasn't even been issued yet. If you want to make an affordable offer, do so in writing and get their written acceptance before you start paying. I doubt they would put that in writing, that if you are one day late they'll "record a CCJ", that is grossly misleading and could get them reported to the FCA, that's why they want you to ring them, so they can bully you over the phone and they are the only ones who are recording the call so you're left with no evidence of what transpired during the conversation.

Regardless of what you decide to offer them, it would be a good idea to hit them with a CCA request. That is a request for your copy of your agreement. If anything, it should keep them quiet for a while and, depending on what they manage to find, could aid your negotiations with them. See here: http://www.legalbeagles.info/forums/showthread.php?751

[leejc]

Re: lowell solicitors ccj threat

Is this the correct letter to send them fresh?


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

[Guest]

Re: lowell solicitors ccj threat

Yes, that's the one. You should attach a cheque or PO for £1 - the statutory fee. Send recorded delivery so you can track it.

They should respond within 14 working days (letter says 12 but two are allowed for service). If they do not send you a proper copy of your agreement, they can't enforce the agreement. That means they can't obtain a CCJ as they say they will, even if they issued a claim, you could defend it on those basis, so it's a very useful weapon. It should keep them off your back for a while.

[Stu]

Re: lowell solicitors ccj threat

Just to add on your Postal Order mark it with for "statutory purpose only" on both side's

[leejc]

Re: lowell solicitors ccj threat

That's great guys thanks,

So after i receive the document's from them what are my next steps to take?

[Guest]

Re: lowell solicitors ccj threat

That's great guys thanks,

So after i receive the document's from them what are my next steps to take?

First of all, be prepared for a long wait. Lowell buy debts from the creditors without any documentation and they will have to ask them for the paperwork. Their chances of them complying within 14 days are virtually nil. They'll either reply saying they're going to ask Vanquis for the agreement or just keep quiet while they do.

Do post up here any letters you receive from them and we'll take it from there.

[leejc]

Re: lowell solicitors ccj threat

Thanks fresh, will sort out the letter and get it sent this week and take it from there cheers

[Stu]

Re: lowell solicitors ccj threat

Personally the next thing is one of 2 things.. you won't hear anything for a long time as above or you'll get court papers through the door but even if its the later don't stress over it as the fine people on this forum will be on hand to guide you through that process....

[Guest]

Re: lowell solicitors ccj threat

Personally the next thing is one of 2 things.. you won't hear anything for a long time as above or you'll get court papers through the door but even if its the later don't stress over it as the fine people on this forum will be on hand to guide you through that process....

These days everyone (even Lowell's solicitors) seems to be complying with the protocols and sending letters before action prior to issuing a claim, maybe because they've been punished with costs more than once. Trouble is, many people ignore them, mistaking them for generic threats.

Sending a CCA request does not make them rush to issue a claim, on the contrary, it shows them that you would be defending it if one was issued. Lowell & Co. would rather obtain default judgment so they'll move on to easier prey. I started sending CCA requests in 2010 and never got a single claim, all the opposite, they gave up years ago and never heard from them.

[Stu]

Re: lowell solicitors ccj threat

I can say by my own personal experience and after reading many other peoples experiences that Lowell seem to ignore their own "deadlines" and issue claims shortly after they send the "letter before claim".

[Guest]

Re: lowell solicitors ccj threat

I can say by my own personal experience and after reading many other peoples experiences that Lowell seem to ignore their own "deadlines" and issue claims shortly after they send the "letter before claim".

That was certainly the case when they had the lovely Bryan Carter acting for them, he would send the LBA giving you 48 hours which wasn't even enough for service, let alone a reply. It looks like things may have changed a little. Either way, sending a CCA request puts you ahead of the game because as soon as the 14 days are up, you can refer to s.78(6).

[nemesis45]

Re: lowell solicitors ccj threat

I can say by my own personal experience and after reading many other peoples experiences that Lowell seem to ignore their own "deadlines" and issue claims shortly after they send the "letter before claim".

Hello Stu,

You are right Lowell solicitors having taken on the mantle of the unenviable Bryan Cater LLP are pushing right to the line on filing and compliance, then seek relief from sanctions in the hope of getting away with it a colleague of mine still working at the " sharp end " of court action said Lowell just like parrots stating the same flaming rubbish every time.
Lowell solicitors are certainly not to be trusted on deadlines or " on holds."

nem

[smoggers]

Re: lowell solicitors ccj threat

We have received a Court Claim from Lowell Solicitors in regards to an old Very account which was in my wife's name. We are looking to respond to them by e-mail on a 'Without Prejudice' basis making an offer of instalments if they agree to withdraw the claim. On the e-mail we will say if they do not accept our offer then we will follow the requests under CCA and also under CPR, is this the correct thing to do? On a side note, although we do not have the original agreement we recalled that although it was in the correct name we had entered an incorrect date of birth on the application, they proceeded to accept the application and provide credit, would this have any bearing on whether they can enforce any of this?

[nemesis45]

Re: lowell solicitors ccj threat

We have received a Court Claim from Lowell Solicitors in regards to an old Very account which was in my wife's name. We are looking to respond to them by e-mail on a 'Without Prejudice' basis making an offer of instalments if they agree to withdraw the claim. On the e-mail we will say if they do not accept our offer then we will follow the requests under CCA and also under CPR, is this the correct thing to do? On a side note, although we do not have the original agreement we recalled that although it was in the correct name we had entered an incorrect date of birth on the application, they proceeded to accept the application and provide credit, would this have any bearing on whether they can enforce any of this?

Hi welcome to LB.

You have only a short time to respond to the claim!! Have you acknowledged service of the claim?? If not follow the instructions on the forms and do so online at MCOL or Lowell will get a judgement by default State intention to defend the claim.

You need to send Lowell the Claimant a CCA request for a copy of the agreement asap see template in the green box above,. Use a postal order for the £1 fee mark it for statutory fee only. Then CPR31.14 to Lowell solicitors.

Some history on the debt please,

When was the account opened?

Do you know when the account was defaulted and or the date of the last payment?

nem

In my opinion Lowell will take any opportunity to persuade you to make unaffordable payments and any missed payment they will go back to a claim again.