Debt collectors writing to us - please help

nicolad07

Hi there,
I am after some advice please, my husband and I have recently received a letter from Lowell Limited regarding a sum of £3,800. This is from a Lloyds TSB credit card that I took out a few years back when times were very bad for money. I will hold my hands up and admit that I buried my head firmly in my hands when Lloyds were writing to me for payment, we were struggling for money and there always seemed to be something else we needed to pay out that was more essential.
Anyway Lowells have now taken over the debt from Lloyds, i was issued a letter telling me to contact them to make payment. I called them and asked if I could do a settlement fee of £1200 (as this is all the money i I have available right now). They told me this is not an option and the FULL amount must be paid within 28 days or it will go to court.
My initial thoughts are to pay £1200 that i have saved up and then the remaining £2600 on a credit card, which i will then pay off monthly - can anyone advise please?
The whole thing is making me quite ill, im not sleeping at night as im so worried about it.

Is there laws against them asking for the full amount in a certain number of days? Can they make me pay this within 28 days?

Any help would be greatly appreciated.
Thank you.

sourcrates

Hi,

No, no, no, don't do that.

You should never, ever call a DCA, this is the result when you do.
They say things on the phone they would never put in writing.

There deadline of 28 days means nothing at all.

You first write to them with the provit letter, make them work for there money, then, if they send you adequate proof they have the right to chase this debt, make an offer of payment you can afford in writing to them.

Stay off the phone !!!!

Let's put it this way, if you phone them, you get the nasty face of the debt collection industry, if you write, everything has to comply with legislaton as there is written evidence, that's how they work !!!!

nicolad07

Wow thank you - we didnt even know they needed to send us proof of this. This is a great help, thank you so much.

1974nicola

I second that sourcrates!

I had/have 10 creditors and have written to them all to say "prove it". So far, only 1 has proven it. 2 seem to have proven that the "debts" are Unenforceable and the others are to ing and fro ing with letters.

If nothing else, disputing buys you time. Def don't put it on another cc. They have put you under unnecessary pressure by demanding payment in full. I believe that is unlawful.

Good luck

sourcrates

nicolad07 wrote: »

Wow thank you - we didnt even know they needed to send us proof of this. This is a great help, thank you so much.

Link to template letter here :

https://forums.moneysavingexpert.com/discussion/2607247

sourcrates

1974nicola wrote: »

They have put you under unnecessary pressure by demanding payment in full. I believe that is unlawful.
Good luck

It's not unlawful, but it is against good debt collection practice, under FCA rules.
They will say anything on the phone as they can't be held to account for it, either the recording gets wiped, or it wasnt recorded at all, always an excuse.

1974nicola

Ah. Thanks for clearing that one up. It does go to show that a little knowledge can be dangerous.

fatbelly

If they can prove that it's your debt and provide a valid copy of the agreement, then a full & final settlement is not a bad way to go.

Lowell are not just 'taking over' the debt - they have bought it, and for a lot less than £3800 - maybe around £400. So an offer of £1200 would be definitely possible (start lower).

But make them prove their position first.

nicolad07

Thank you to everyone for your kind help. I want to write a "prove it" letter to them asking for dates of when this debt relates to but i am worried as the letter seemed to have some pretty clear proof on it.
The letter they sent was a Claim Form with the wording "County Court business centre" in the heading, which asked me to respond to the claim via moneyclaim.gov.uk it showed details of the amount owed, the court fee, the legal rep cost and then the total amount...
Under the particulars of claim heading on the letter it says the following:
1) the defendant entered in to the Comsumer Credit Act 1974 agreement...
2) the Defendent failed to maintain the required payments and a default notice was served and not complied with.
3) the agreement was later assigned to Claimant on 17/06/15 and notice given to the Defendent.
4) despite repeated requested for payment, the sum £3383.28 remains due and outstanding.

Can i take this further with them or is this literally all the proof they need? I'm worried that they will write back saying this is all the proof they need and also then tell me i didn't pay it within the 28 days like was agreed. Should i also ask them to confirm in writing that i MUST pay the full amount and no settlement fee will be agreed?
Thank you all for your help.

sourcrates

nicolad07 wrote: »

Thank you to everyone for your kind help. I want to write a "prove it" letter to them asking for dates of when this debt relates to but i am worried as the letter seemed to have some pretty clear proof on it.
The letter they sent was a Claim Form with the wording "County Court business centre" in the heading, which asked me to respond to the claim via moneyclaim.gov.uk it showed details of the amount owed, the court fee, the legal rep cost and then the total amount...
Under the particulars of claim heading on the letter it says the following:
1) the defendant entered in to the Comsumer Credit Act 1974 agreement...
2) the Defendent failed to maintain the required payments and a default notice was served and not complied with.
3) the agreement was later assigned to Claimant on 17/06/15 and notice given to the Defendent.
4) despite repeated requested for payment, the sum £3383.28 remains due and outstanding.

Can i take this further with them or is this literally all the proof they need? I'm worried that they will write back saying this is all the proof they need and also then tell me i didn't pay it within the 28 days like was agreed. Should i also ask them to confirm in writing that i MUST pay the full amount and no settlement fee will be agreed?
Thank you all for your help.

Ah,

You didn't mention it was a claim form.

Ok, you must respond to the claim smartly as strict timescales apply. if you acknowledge service online you get 28 days instead of 14.

You should send a CCA request ASAP, today, they still have to provide proof when asked, a claim form does not constitute proof of anything.

Be prepared to make an offer of payment, if they do provide evidence, or offer them a larger sum if you can, to make it go away.

Ask on here for help with legal issues :

http://legalbeagles.info

fatbelly

nicolad07 wrote: »

Hi there,
I am after some advice please, my husband and I have recently received a letter from Lowell Limited ...FULL amount must be paid within 28 days or it will go to court.

nicolad07 wrote: »

The letter they sent was a Claim Form with the wording "County Court business centre" in the heading,

Bit of a difference!

Yes you need legalbeagles asap. Acknowledge claim online and tick 'defend in full'

Then follow

http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

and lean on the legalbeagle team for help. They love Lowell and Bryan Carter