Lowell

Mimi_Arc_en_ciel

Hiya, Some of you may of read how were planning on clearing my partners debts with me going back to work. I've been offered a job post and accepted but they wanted my medical background before i started - which the doctors supplied - the company contacted me thursday, said everything is ok and they will contact me very shortly about starting.

Today OH has had a letter from Lowell saying they are taking OH to court to get a CCJ and then they can send baliffs round, now Lowell is the lowest of his debts (£1,754) so i rang them - i know they can not talk to me but OH is in Ireland working and can not call - long story, no personal calls on work phone not allowed to use it till after 9pm, lowell office closed - and tbh i didnt think my work would drag the start date out so thought we would of been paying them all off by now so never sent a authorisation letter for me to deal BUT lowell HAS put notes on his account to say i have rang in the past and put down our conversations. The guy i spoke to today was very rude, he demanded to know when OH is back and that OH call them, now OH back thursday for my uncles funeral and tbh i know he needs to sort this but i need him that day. So anyways . .
I know im starting work soon and just need to hold them off for a little bit, shall i get them to send us a signed agreement in the hopes to put off the CCJ until my work call (should call next week) and then i can send off the whole "this is what OH owes, this is what we earn, this is what we're paying back" thing and get it sorted? I asked Lowell if they would hold it until end of next week and he refused. Said we have until tuesday as this is 7 days from the letter (it does say that on the letter)

Bazza66

mommyme wrote: »

Hiya, Some of you may of read how were planning on clearing my partners debts with me going back to work. I've been offered a job post and accepted but they wanted my medical background before i started - which the doctors supplied - the company contacted me thursday, said everything is ok and they will contact me very shortly about starting.

Today OH has had a letter from Lowell saying they are taking OH to court to get a CCJ and then they can send baliffs round, now Lowell is the lowest of his debts (£1,754) so i rang them - i know they can not talk to me but OH is in Ireland working and can not call - long story, no personal calls on work phone not allowed to use it till after 9pm, lowell office closed - and tbh i didnt think my work would drag the start date out so thought we would of been paying them all off by now so never sent a authorisation letter for me to deal BUT lowell HAS put notes on his account to say i have rang in the past and put down our conversations. The guy i spoke to today was very rude, he demanded to know when OH is back and that OH call them, now OH back thursday for my uncles funeral and tbh i know he needs to sort this but i need him that day. So anyways . .
I know im starting work soon and just need to hold them off for a little bit, shall i get them to send us a signed agreement in the hopes to put off the CCJ until my work call (should call next week) and then i can send off the whole "this is what OH owes, this is what we earn, this is what we're paying back" thing and get it sorted? I asked Lowell if they would hold it until end of next week and he refused. Said we have until tuesday as this is 7 days from the letter (it does say that on the letter)

Firstly congrats on getting your job.

Lowell's (some call them Clownells but I call them Lowell-Life) will always send this treating type letter. If you read carefully it says "May...could..." it doesnt actually say "Will"!!! Also in order to send baliffs round they must attain a court order first. So dont worry about that too much.

How old is the debt? When was the last payment made? If more than 6 years old then it could be statute barred.

But what I would do first is send a CCA request - This is the one I sent.


Dear Sir/Madam

Re:− Reference Number xxxxxxxx

I do not acknowledge any debt to your company.


With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.


1) I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request; your obligation also extends to providing a statement of account. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.


"the enclosed payment is not to be used to reduce any alleged outstanding balance"

I understand a copy of my credit agreement should be supplied within 12 working days.

2) A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.


You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.


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.

I look forward to hearing from you.

Yours faithfully
Mr xxxxxx


NOTE!!!

1) DO NOT SIGN THE LETTER!!!
2) SEND A POSTAL ORDER NOT A CHEQUE

The reasons for the above is that, alledgedly, some DCA's have been known to scan your signature onto documents.

And finally

3) Send it recorded delivery and obtain proof they have recieved it (try the www.royalmail.com website and enter the tracking number a couple of days later).

Keep us posted!

Bazza66

Forgot to add -

NEVER call these people - always communicate only in written form!

If they call - hang up (or just say I will only comunicate via letter and then hang up!) otherwise they will try and bullying you into paying anything! Believe me I have been caught out before I found this forum!

Bazza66

You may also want to join in on this thread

http://forums.moneysavingexpert.com/showthread.html?t=767025

Which (despite loads of posts so takes a while to catch up) will give you plenty of support and advice.

MrsTinks

They can't send bailiffs round until you default on the CCJ so frankly tell them to whistle for it SHOULD they go to court and try and get a CCJ then all you have to do is explain to the judge howmuch you earn, what you are doing to repay it, how much you spend (so a full SOA) and therefor you are paying x amount to all your creditors pro rata and likelyhood is even if he puts a CCJ in place then it'll be fair to you and so long as you stick to paying it then Lowells can't do a thing about it and can't send "bailiffs" round

So don't panic and only communicate in writing and always keep a copy and send the letter recorded

Mimi_Arc_en_ciel

thanks you lot - Have re read the letter and it says they are going to instruct their legal department on Tuesday to review his account and then they MIGHT go for a CCJ. We're living from OH's wages and im going to be on 16k a year so this is going to pay back his debts - as well as any money we can spare from OH's wages but i wont be including this in the paperwork as it wont be gauranteed. We sat down and worked out which companies have what % of debt and then took that percentage out of my wages to work out what everyone gets paid so it's paid off fairly. I thought i would of been working by now (well the begining of November) but for some reason it hasn't happened as i'd of hoped (always the way isn't it)

Bazza66

mommyme wrote: »

thanks you lot - Have re read the letter and it says they are going to instruct their legal department on Tuesday to review his account and then they MIGHT go for a CCJ. We're living from OH's wages and im going to be on 16k a year so this is going to pay back his debts - as well as any money we can spare from OH's wages but i wont be including this in the paperwork as it wont be gauranteed. We sat down and worked out which companies have what % of debt and then took that percentage out of my wages to work out what everyone gets paid so it's paid off fairly. I thought i would of been working by now (well the begining of November) but for some reason it hasn't happened as i'd of hoped (always the way isn't it)

Remember Lowell-life buy debts for pennies in the pound (I gather around 5p in the pound) so they would have brought your debt for roughly £80. These people are scum and will harass you and bully you into paying the whole amount.

Make sure you fire a CCA letter off to them - it will stop the letters for a short while at least. And if they dont find he CCA (chances are they will not have one since they buy debts in bulk but not the paperwork) they will then offer you a 60-70 discount. Hold on until the 12+2+30 days and they will close the file.

In saying that this may not be the case all the time but what have you got to lose?

Bazza

halight

Hi good luck with this
Id try and string it out for a bit.
Well done with your new job.
Good luck with your debts.
And just good luck really