Lowells refusing to accept part payment agreement

My wifes cousin got into trouble with a credit card and the debt was eventually assigned to Lowells.

This is a credit card taken out after the rule changes regarding requests for copies of the original agreement.

With some help from another forum and a debt advice specialist he agreed a payment plan with a 50% reduction in the outstanding balance. Luckily he has kept the letter which clearly states they accept his proposal for a 50% reduction with payment plan of £25 per month.

The balance was just over £800 reduced to £400.

He has now paid them £425. Based on evidence from his bank statements. He never missed an agreed payment as it was taken by DD.

He wrote to Lowells to request the £25 be returned and for a letter to confirm that he has completed the arrangement.

Lowells wrote back stating he still has £375 to pay.

When he called Lowells to discuss it they said that the agreement had been agreed in error by a member of staff without being 'signed off' by a senior manager and should have been refused. Thus he owes the money.

When he told Lowells that he has the letter confirming the agreement they said that as it was a mistake they have the right to void the arrangement.

My wifes cousin told them he was going to cancel the DD but the person at Lowells said that doing that would mean they would start the court process. He therefore has not cancelled the DD as he does not want to take the risk og having a CCJ as it might affect his employment.

Can Lowells do this?

Surely an agreement such as this is binding?

Any help appreciated.
[SIZE=-1]To equate judgement and wisdom with occupation is at best . . . insulting.
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Comments

  • fatbelly
    fatbelly Posts: 20,457 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    I would never recommend the sort of arrangement that you outline. And your post illustrates why.

    Either do a payment plan for the whole balance or a full & final settlement deal using a lump sum.

    Now you have three choices:

    1. Maintain payments till the £375 is cleared
    2. Stop paying and defend the court claim if it comes
    3. Do a full & final settlement on the remaining balance

    Personally I'd go for (2) as there's a good chance this is a bluff and if it got to court there is a good chance a judge would side with the defendant.
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    First Post First Anniversary Combo Breaker
    Hi Dori2o


    I can understand your wife's cousin's frustration with this situation. The other thing they could do is try making a formal complaint, it's best to put that in writing to Lowell. He should ask them to put recovery on hold while they look into it and he needs to tell them he will contact the Financial Ombudsman Service (FOS) if he is not satisfied with their response.


    If they still insist they can recover the remaining debt then he will need to take his complaint to the FOS www.fos.org.uk. The process is free so he has nothing to lose by trying this.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • This happened to my husband on his DMP. It was £500 to £1000.

    We called their bluff. Not heard from them since (24 months)
  • sourcrates
    sourcrates Posts: 28,848 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    Id go with Fatbellys suggestion, error or not, Lowells should of told you the agreement was void, if it went to court, with a fair wind you have a good chance of your explanation been upheld.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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