Lowells Solicitors - Letter of Claim 31 October 2018 at 2:13PM edited 30 November -1 at 1:00AM in Credit File & Ratings 22 replies 1.2K views

ivtecman

Hi

Background is I took a Vanquish Credit Card out back in 2010, I lost my job and attempted to use the payment protection plan I was forcefully sold, when took the credit card out. Vanquish declined the claim and said I was not entitled to payment of the minimum payment whilst I found another job. So I didn't pay and ended up with default for the card.

I've been getting letters from Lowells since 2016 - the last payment was December 2015. I've ignored all the letters, even the ones offering me up to 60% off if I paid the balance

Anyhow today I've had a letter of claim saying I have 30 days to make a one off payment or contact Lowells Solicitors.

There is a reply form that says if I don't reply it COULD results in court proceedings.

There is also a form to give them my financial statement - not a chance i'm handing these guys all the information before I seek advice.

I intend to reply box D - with reasons that Vanquish would not withhold a claim to pay using the card protection plan, whilst I was having difficulties in my life.

I do not have the original documents, as everything was set up online. I only ever received paperless statements.

I need some good advice on how to proceed correctly.

Many thanks

Willing2Learn

Hi and welcome to the forum

When was the last time you acknowledged the debt?

ivtecman

Willing2Learn wrote: »

Hi and welcome to the forum

When was the last time you acknowledged the debt?

Thank you

To Vanquish, December 2015. To Lowells who took over the debt, never. I've never engaged in any conversation with them, not written or phone calls. I've pretty much ignored all communication from Lowells

They have however reset the default date at noodle to June this year? However the date stamp for default says June 2016 - so thats a tad odd . I've never acknowledged anything with Lowells

Willing2Learn

The default date should be when you were 3-6 months in arrears.

The fact that you acknowledged the debt In 2015 means it is not likely to be statute barred.

The letter you have received is really important. They are looking to get a CCJ for enforcement of the debt. You must reply within the given timescale (30 days).

I recommend contacting National Debtline for advice. Box D should only be used if you are 100% certain that you should not owe the money. Get professional advice during the 30 day window is my advice.

ivtecman

Willing2Learn wrote: »

The default date should be when you were 3-6 months in arrears.

The fact that you acknowledged the debt In 2015 means it is not likely to be statute barred.

The letter you have received is really important. They are looking to get a CCJ for enforcement of the debt. You must reply within the given timescale (30 days).

I recommend contacting National Debtline for advice. Box D should only be used if you are 100% certain that you should not owe the money. Get professional advice during the 30 day window is my advice.

I'll give debt line a call, and then I can use Box G to advise I'm seeking advice and use section 4 to request more documentation, including the payment protection plan agreement.

does this sound right ?

[Deleted User]

If you made a payment in December 2015 then the debt isn't statue barred until December 2021, so it's still enforceable.

I would make an offer of settlement to get it closed

Willing2Learn

ivtecman wrote: »

I'll give debt line a call, and then I can use Box G to advise I'm seeking advice and use section 4 to request more documentation, including the payment protection plan agreement.

does this sound right ?

I don't know if box G is correct. Give National Debtline a call asap on 0808 808 4000. They will be able to advise best on your available options.

ivtecman

!!! wrote: »

If you made a payment in December 2015 then the debt isn't statue barred until December 2021, so it's still enforceable.

I would make an offer of settlement to get it closed

I don't have any money to offer them. I don't have a percentage to offer as a settlement. What can I offer them?

ivtecman

Willing2Learn wrote: »

I don't know if box G is correct. Give National Debtline a call asap on 0808 808 4000. They will be able to advise best on your available options.

Thanks

Looking on a debt help website it says box c then fill out box g to advise you are seeking advice.

[Deleted User]

You can ask for a repayment plan then.

If you do nothing, you will be hit with a CCJ and court fines and interest on top.

How much is the debt for?

twhitehousescat

get a claim slammed in for PPI , you were sold an incorrect product

EDIT , Lowells CANNOT just get a CCJ on you , they have to serve court papers first