Pleeeease help

Philius · 2 May 2007 at 12:24PM

Hi,

Whilst I've only just registered, I've been lurking, reading and listening to the advice given for ages.

I've had a look around and can't find any threads where anyone is in the same sort of position as me, so I'm asking for any help you can offer.

In a nutshell......
I took out a 10k loan about 5 years ago and made payments for about a year before stopping paying altogether (unforseen circumstances). I haven't paid anything for 4 years and over that time the debt has been passed from DCA to DCA.

Recently I've started to get my life in order and have gradually paid off all of my credit card debts - totalling over 7k (which I'd also defaulted on) and am making moves to pay off the above loan.

I received a letter from the DCA - Lowell Financial (on behalf of Lowell Portfolio 1) detailing the debt (approx 9k) and telling me I had to call them. I wrote to them on 03/03/07 (using a template I found on this site:T ) offering a full and final settlement of approx 3500. They wrote back on 26/03/07 offering a f&fs of 8100 (with 28 days to pay). I wrote back that day saying I couldn't afford that much and could go up to 4k.

Then, on 18/04/07 I got a letter from Hamptons Legal (a trading style of Lowell Financial) threatening legal proceedings as I had failed to contact them. On 27/04/07 I got a letter from Lowell Financial thanking me for my correspondance and asking me to call them.

Yesterday I posted another letter to Lowell Financial stating that I could only communicate via letter.

The today I received another letter from Hamptons Legal (dated 30/04/07) saying that no further written warnings would be issued and they would start legal procedings unless I call them immediately.

Clearly I have been in contact with Lowell Financial for over 5 weeks and yet because I haven't contacted Hamptons Legal (the SAME COMPANY), they're trying to take me to court!

I don't know what to do, should I write to Hamptons Legal and tell them i'm already in communication with their client or what?

All I want to do is try and clear my debt - but they're making it so difficult to do so.

Please help - any advice appreciated.

Cheers

Philius

Triker · 2 May 2007 at 12:39PM

Hi Philius, welcome to the boards of DFW land.

Cannot offer any advice but others will be able to, just wanted to say hi.:D

immoral_angeluk · 2 May 2007 at 12:41PM

Write to hamptons eclosing photocopies ofd all you correspondance to lowell. Sent it recorded delivery and keep a copy...

immoral_angeluk · 2 May 2007 at 12:41PM

immoral_angeluk wrote: »

Write to hamptons eclosing photocopies ofd all you correspondance to lowell. Sent it recorded delivery and keep a copy...

sorry typing one handed feeding a baby lol

sammy115 · 2 May 2007 at 12:42PM

I would write to Hamptons Legals (recorded delivery) and enclose copies of all correspondence you have been having with Lowell Financial. It is quite obvious that they don't know their !!!! from there elbow!

Tell them you are dealing with Lowell Financial and to go away!

medman · 2 May 2007 at 12:43PM

I would write again and copy the letter to the legal dept keep copies of both letters yourself and send both by recorded delivery. Then if they carry out their threat of legal action you have some evidence that you have been acting in good faith. Normally threats like that are just a negotiating ploy.

Persist with your attempts to agree a f&f settlement and it should pay off. They are just trying to maximise their profit from the debt they have bought. Perhaps you could suggest that if they persist with such high demands you may be pushed into bankruptcy and they will then get very little indeed.

Good luck and best wishes.

MM

petetidball · 2 May 2007 at 12:45PM

I don't really know the legal implacations, but I know that within organisations there tend to be communication problems between departments. If these are two seperate companies under the umbrella of another company, this may mean you need to be in contact with both branches, so a letter could be a good idea. As it is, you're not trying to run away from the debt as you're in contact with the DCA, so would being in contact with the legal arm be any major problem? That's my thought, someone else may know for sure.

Philius · 2 May 2007 at 2:00PM

Cheers for the advice guys - I'll dig out/print off all the correspondance this evening and send it to Hamptons Legal.

I'll keep you posted.

Cheers

Philius

catewithers · 2 May 2007 at 2:07PM

Just wanted to say hi and welcome. You're doing all the right things and I think medman's right - it's just bullying tactics. Keep your chin up and don't let them unnerve you.

Philius · 2 May 2007 at 3:13PM

Hi guys,

As I'm totally useless at writing letters does anyone have any templates/ideas of what to write in this letter. I don't want to annoy them so much that they start legal procedings out of spite - but I would like to give them a getnle push away.

Does this look ok?.......

I write in response to your letter of 18/4/2007 with regards to me not responding to you with arrangements to settle the amount owing to your client.

As you will see from the enclosed copies of letters, I have been in contact with Lowell Financial with regards to the above account for well over 5 weeks. I am acting in good faith and trying to come to an arrangement to bring this matter to a close so would appreciate you bringing any intended legal action to a halt........

Any additions/deletions to be made?

Cheers

Philius

Philius · 3 May 2007 at 9:04AM

Any advice on the letter please guys - really want to get this posted at lunch.

Cheers

Philius

Pleeeease help

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