Lowell Portfolio and BW Legal

wizzywig27

Hi all

I am looking for some advice. I understand I am at fault here, I feel pretty bad about the whole thing, so please try not to be too hard on me if at all possible.

Basically about 9 years ago I ran up a debt on Capital One for roughly £800 – account was passed to Lowell Portfolio and I was paying the account at £17.50 a month and got it down to £229. Through a mix up when changing bank accounts my direct debit was cancelled at around July of this year and I never started to pay it again (stupid I know but there was a number of reasons for this – but none would make it any better). In November of this year they sent me an offer of 50% discount – I had every intention of taking them up on this offer when I was paid, but I mislaid the letter and then just forgot about it (again my stupidity).

As I didn’t pay the account was passed to BW and last week I got court papers for £440 which included interest and court fees. She made me an offer of £263 as full and final payment to stop it going to court which is interest knocked off, 20% discount then court fees added on. I called them and made them a F&F settlement of £229 to which Lowell rejected. Maybe it is what I call the principle but I begrudge paying more than I owe, especially as up to a week ago they were willing to accept 50% discount.

Am I right in saying that if I ‘contest’ (is this the correct wording) a certain amount of this the judge will probably decide in their favour – and even if I pay that day I will then get a CCJ registered and settled on the same day?

I am not trying to say I shouldn’t pay this, quite the opposite, but I don’t feel they are looking at all the circumstances – although I do understand they made numerous efforts to arrange payment etc, and in a way there is no one to blame but me, but I do kind of begrudge paying extra money when a week ago I could have paid it minus 50%.

Am I wasting my time? Should I just pay it? (even though I will really struggle to get the cash together)

abbiesmom

I'm no expert...but I do know from this forum with answers I have that if you pay within so many days of judgment it wont show on your report.

Hope this helps x

rizla_king

Yes, pay a judgement within one month to remove it from your report. Leave it longer and it stays.

wizzywig27

See, now this makes it almost worth wile to go to court....get my moneys worth, so to speak.

would I have a case to pay back what I owe, or is the 20% discount all I can hope for?

happy_bunny_2

On debts taken out pre-April 2007, they should need a valid CCA, signed by you before getting a CCJ.

As you have court papers, maybe best post on a legal forum for advice as to how to get the info on what they will rely on in court.

Have you filled out the form to ask for more time/ask to be heard in local court?

They might accept your offer if they know you will fight this.

wizzywig27

happy_bunny wrote: »

On debts taken out pre-April 2007, they should need a valid CCA, signed by you before getting a CCJ.

As you have court papers, maybe best post on a legal forum for advice as to how to get the info on what they will rely on in court.

Have you filled out the form to ask for more time/ask to be heard in local court?

They might accept your offer if they know you will fight this.

Hello, it's already came from my local court so that's not a problem. I've not filled in the paperwork yet as they only got back to me today to tell me they refused my offer.

All this for £30 :rotfl: but like I say, a week ago they offered me 50% discount

tallyhoh

I'm still a bit confused. Do you mean you are going to court to pay £440 instead of the £263 they offered before court?

wizzywig27

tallyhoh wrote: »

I'm still a bit confused. Do you mean you are going to court to pay £440 instead of the £263 they offered before court?

this was my next question, I will be going to dispute the amount - I feel I should only pay what is owed, but is there a chance that the judge will say all charges are fair and order me to pay them, and then I will have to pay £440 rather than the £263 F&F?

Sedge123

I'm not an expert but I would say there is every chance the judge could order you to pay the fill amount including charges. If I were you I would pay the extra £30 and forget it.

tallyhoh

If you go to court you will have to pay the court costs. They will be more than £30.