lowell solicitors ccj threat

[smoggers]

Re: lowell solicitors ccj threat

Hi
Update following the mediation call this morning, Lowell started by saying we had sent them a standard internet response to the claim!!
Came to an agreement of £15 a month although they wanted £25 a month, asked for copies of documents as requested in previous letters, Lowell solicitors scanned and sent across reconstituted copies of credit agreement, last statement and assignment letter, admitted didn't have the default notice.
Checked documents provided and noted that they had my date of birth incorrect so wasn't sure of they could enforce this agreement along with the fact they had no copy of default notice, although said would be willing to go to hearing if we insisted on it.
Monthly payments now agreed so stress gone but still in back of mind if they could enforce any of this if date of birth is incorrect and didn't have the default notice.

[MIKE770]

Re: lowell solicitors ccj threat

well they would say that - go to the hearing - bet not!

[smoggers]

Re: lowell solicitors ccj threat

couldn't take the risk in case they were holding back and were just saying they didn't have it but actually did. I assume
if they don't have it and can never prove one was issued then can have any default removed from credit file?

[MIKE770]

Re: lowell solicitors ccj threat

default stays on file regardless (as a true fact) even if you had paid it off ( although some have negotiated a full final and part of that is it is removed BUT very very rare it would be removed.

[MIKE770]

Re: lowell solicitors ccj threat

well as long as you are stress free now and you are happy enough to pay the smaller amount that is it, as challenging lowells up to court can be very stressful, as they do it to unsettle you into giving in, as happens on most of the cases that never get to court, and many other cases they discontinue at the last minute, hence the dirty debt buyers trade!!

[smoggers]

Re: lowell solicitors ccj threat

Thanks Mike770, I was up for the fight but couldn't stand seeing my wife under all the stress, wish to thank all on here for their help, you've been GREAT!!!!

[smoggers]

Re: lowell solicitors ccj threat

one last question, how long does a default stay on your credit file and is it updated when you make payments on it?

[MIKE770]

Re: lowell solicitors ccj threat

no it stays for 6 years from issue date in England/Wales but only 5 years for Scotland

[Diana M]

Re: lowell solicitors ccj threat

I was up for the fight but couldn't stand seeing my wife under all the stress

That's a perfectly good reason to settle a claim.

Happy Valentines Day to both of you

Di

[zorrays]

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

thank you.

[MIKE770]

thank you.

This is an old thread from 2017

[MAKAVELIMP1]

Hello everyone
hope all is well.

I was wondering if anyone can advise me.

I was in a fair bit of debt years ago and have settled 12 accounts till now. My credit score is at the 750 mark and I'm trying my best to sort it out . The problem is I have defaulted on 5 accounts and most the debts are with Lowell. I have one debt for 10k, one for 5k, one for 4.5k and one 1.5k. The default dates are 2016 -2017. Once these fall off my credit report after 6 years, can I still recieve a ccj? The problem is I don't think I can ever afford to pay these debts back and back when I took them out like a fool for someone else I been avoiding them ever since. What would be the best solution for me? Lowell have not heard from me for years and I'm thinking to offer them 5k for all those debts and get them settled before risking the ccj. If I do ever get a ccj I won't be able to pay them off in one month so I will be scared for another 6 years. What's the best suggestion?
thanks alot ppl
Hope everyone are cool.
MK