Lowell Solicitors CCJ Advice please

unknowniteminbaggingarea2020

Hi I was just wondering if anyone had any advice please as currently in a dispute with Lowell Solicitors. I took out a credit card in 2012 when life was a bit flusher and then financial circumstances meant I was unable to keep up repayments. They have had this debt since 2014 and never acted on it (I have been paying payments off where I could) and last year I listed the credit card company with others when registering my PPI claims. A cynic may suggest this motivated them into seeking a CCJ against me. I've never once said I wouldn't pay it off I have offered them a payment plan which they have outright refused to accept which I thought they were not allowed to do.

Tildaplum

Unfortunately, it is a fact that you still owe the money to the credit card company and they may very well pursue for it.

 If you are truly unable to pay it and and in persistent debt you may be able to get some help such as freezing interest etc. For example google 'stepchange'

unknowniteminbaggingarea2020

thankyou for your response Tildaplum, that's the thing I'm not unable to pay it off I have offered them a payment plan which they have refused. They also for some reason never listed the payments I'd already made to the account they're trying to take a CCJ on.

onlyfoolsandparking

Then let them take you to Court and defend the claim with all your evidence of payments and evidence of payment plan offer, I assume you have this evidence. Any decent Judge would not look too kindly on a financial institution that has refused to accept a decent structured payment plan and would possibly write the whole debt off.
I also hope you are aware of the FACT that you cannot just be given a CCJ, well technically not true, let me correct. The only way a CCJ can be awarded against you is if you completely ignore anything/everything you receive officially from the Court, Lowells cannot give you a CCJ, they know that, they're probably hoping you don't! 
 

Just_Di

unknowniteminbaggingarea2020 said:

. . . in a dispute with Lowell Solicitors. I took out a credit card in 2012  . . . 

They have had this debt since 2014 and never acted on it . . . 

. . . . last year I listed the credit card company with others when registering my PPI claims. A cynic may suggest this motivated them into seeking a CCJ against me.  

Any PPI reclaim would have been made against the original creditor, and if successful you should be paid direct by them (the original credit card provider) despite the fact in 2014 they assigned/sold the debt to Lowell Portfolio which is a debt purchaser.

Have Lowell Solicitors sent you a formal 'Letter of Claim' or are they just threatening to issue legal proceedings?

Or have you received a court claim?

My suggestion is to send Lowell a s78 CCA Request to see if they can comply.

Di

born_again

Tildaplum said:

Unfortunately, it is a fact that you still owe the money to the credit card company and they may very well pursue for it.

 If you are truly unable to pay it and and in persistent debt you may be able to get some help such as freezing interest etc. For example google 'stepchange'

If Lowell are dealing with it, then it has long been sold on by the CC co.

OP maybe able to make a offer to pay so much to consider the matter resolved.

Looks like they are trying to sneak it in before the 6 year limit.

onlyfoolsandparking

Yes I agree it does look like they are trying to "sneak it in before the 6 year limit" and it becomes statute barred.

Nebulous2

onlyfoolsandparking said:

Yes I agree it does look like they are trying to "sneak it in before the 6 year limit" and it becomes statute barred.

The op has been making payments, so it won’t become statute barred.

unknowniteminbaggingarea2020

onlyfoolsandparking said:

Then let them take you to Court and defend the claim with all your evidence of payments and evidence of payment plan offer, I assume you have this evidence. Any decent Judge would not look too kindly on a financial institution that has refused to accept a decent structured payment plan and would possibly write the whole debt off.
I also hope you are aware of the FACT that you cannot just be given a CCJ, well technically not true, let me correct. The only way a CCJ can be awarded against you is if you completely ignore anything/everything you receive officially from the Court, Lowells cannot give you a CCJ, they know that, they're probably hoping you don't! 
 

Hi thankyou for your reply. I admitted to part of the claim on the form (as they've gone for the full amount and not deducted the payments I'veaalready made). I then received a notice to pay fee from the CCBC as they claimed I'd put in a counterclaim (I hadn't) and I've asked them to retract that immediately too.
I'm not aware of that re the CCJ no, I received the usual reminder letters but no letter before action before the CCJ claim was made. I've included the emails where offers of a payment plan and the subsequent ones where lowell solicitors have said that offer isn't acceptable. For context I'm a single parent on universal credit and I offered them more than I had to in the emails. 

unknowniteminbaggingarea2020

Just_Di said:

unknowniteminbaggingarea2020 said:

. . . in a dispute with Lowell Solicitors. I took out a credit card in 2012  . . . 

They have had this debt since 2014 and never acted on it . . . 

. . . . last year I listed the credit card company with others when registering my PPI claims. A cynic may suggest this motivated them into seeking a CCJ against me.  

Any PPI reclaim would have been made against the original creditor, and if successful you should be paid direct by them (the original credit card provider) despite the fact in 2014 they assigned/sold the debt to Lowell Portfolio which is a debt purchaser.

Have Lowell Solicitors sent you a formal 'Letter of Claim' or are they just threatening to issue legal proceedings?

Or have you received a court claim?

My suggestion is to send Lowell a s78 CCA Request to see if they can comply.

Di

Hi I received no letter of claim. Just the reminder letters I think. I'd originally contacted them by telephone to cime to an payment plan but she dropped herself in it over the ohone that I'd be 'admitting to a CCJ by default'. I questioned why they'd still he going for a CCJ without telling me especially when I've made payments and I'm offering a reasonable payment plan. I then made sure I did everything else through writing as I started to get a sense they weren't going to play fair.

I don't know what a s78 CCA request is, can you explain please? 

unknowniteminbaggingarea2020

Nebulous2 said:

onlyfoolsandparking said:

Yes I agree it does look like they are trying to "sneak it in before the 6 year limit" and it becomes statute barred.

The op has been making payments, so it won’t become statute barred.

I have been reading about the statute barred thing but as has been said I've not not paid anything on the account, I haven't even refused or ignored the offer of a payment plan. Which is why I think this move has been motivated a little out of spite as this seems a little unprofessional for a solicitors to be doing.