Lowell settlement 'offer' how to proceed? Partially settled!

Sallywin

Long story short, I've been issued CC claim by Lowell for an old vanquis debt. I have acknowledged the debt, requested documents, sent CCA letter, submitted defence. Also sent SAR to vanquis. From Lowell I've only received notice of assignment and a letter which contains few details about vanquis account (the date account was opened, the date last payment was made and the amount and when the account was sold to Lowell) but not an agreement. Vanquis sent me few detaits too, but not an original agreement as requested. Vanquis sent a file which they called 'an agreement', except it looks like an application form with my details for vanquis card. 
10 days after I've submitted my defence, I've received a settlement offer via email, which is rather a joke, than an offer. They offering me: '£2523.58 at £20.00 per month in full and final settlement of the claim' and they will not proceed with CC claim. This is a full amount that they claim in county court with all the interest, court and solicitor fees. 
So how should I proceed? Should I write something back? Should I say no thank you and remind them, that I'm still waiting for documents and that without CCA they can't enforce the debt in court? Or should I just ignore them completely? 
In the past I have made payments to Lowell, first £20/month for around a year, then £5, then nothing. Although I did offer a token payment of £1, they never got back to me. I can't submit any counteroffer at the moment, other than £1/month.
BTW, I sent SAR to check whether I could make a case in regards to irresponsible and unaffordable lending against vanquis, but without an agreement I don't know what I've agreed to. 

Willing2Learn

When you say you have received various paperwork from Vanquis and Lowell, what do you mean?  A 'true copy' of the agreement should be legible and include:

• your name and address when the account was opened;
• the creditor’s name and address when the account was opened;
• the terms and conditions of the account at that time, including the cost of credit (the Annual Percentage Rate), when you have to make payments and your cancellation rights; and
• any other other documents that were mentioned in the Terms and Conditions.

It does not have to have your signature on the 'true copy'.

When looking at the documents you have received, do they represent a 'true copy' as described above.  And is the paperwork readable?

Sallywin

It was not an agreement (although they named a file agreement.pdf), there were no terms and conditions, no cost of credit, no rights, etc. When I open a document it says 'Digital signature application details'. It was received from Vanquis. As I said it look like application form. 
 I forgot to mention that Lowell also stated in their email, because I made payments, I admitted liability for a debt therefore they are instructed to proceed with a court hearing, but they are making this offer before they will continue. 

Willing2Learn

If the paperwork you have received does not include the terms and conditions of the agreement, the cost of the credit, your cancellation rights etc, then I believe that would make the agreement unenforceable.  I am not an expert though...

Sallywin

I have not received an agreement from the claimant (Lowell) at all. This is just from Vanquis, but account with them have been sold to Lowell, so they are out of the picture in a way. Anyway, my understanding was too, that under Consumer Credit act I am entitled to agreement and without it they can't enforce it and courts have no discretion to allow enforcement either. 

Galloglass

because I made payments

Is this correct? And when was the last payment made - according to your records - and confirmed when the Lowell SAR is returned.

Going to court is no big deal but what you should have an eye to is
a) the amount they might win as described in the claim against
b) the amount they are offering now and 
c) the amount they may take "on the steps of the court" and
d) the chances of you paying nothing.

It's just a poker game for them so do you have an idea of the risk?

Sallywin

I did not request SAR from Lowell, but from Vanquis. Lowell have only sent me notice of assignment and I am still waiting for other documents from them. They have told they will write to me when they receive other documents. Last payment I made according to Lowell was July 2019. 

Galloglass

Last payment I made according to Lowell was July 2019. 

Did you?

Sallywin

Galloglass said:

Last payment I made according to Lowell was July 2019. 

Did you?

I've checked now, I made one in July. This wasn't a regular payment though. Every time they start threatening court action, I would make a payment here and there and they would go away for some time. But my question is whether I should reply to that letter with settlement offer and whether I should remind them of the docs they are still supposed to send me, considering that their Particulars of claim  is based on these docs. And if they don't have them and can't provide them, they have no case in my understanding. I'm not saying I don't owe the money, I just think they can't enforce the agreement that they don't have. 

Sallywin

Hello, update on case. I have received more documents requested from Lowell. They still didn't send me an agreement or at least terms and conditions, just online signature application. However their signature application has different information that the one from Vanquis, even some layout details are different. I believe they will claim, that this app form had to be signed before reading t&c, but if I'm not mistaken I still should be entitled to see that t&c document and any subsequent if t&c changed. The statement of account has incorrect balance and the notice of assignment has the same wrong balance. It's higher by nearly £1. I wonder if the notice of assignment becomes invalid if the amount on it is wrong? Also they have sent me a copy of a letter written 'by Vanquis' and addressed to me, however I've never received such letter, nor I requested info from Vanquis mentioned in that letter. I think it was forged. Lowell, also wrote me an email making the same settlement offer, but with all the discrepancies I am  not going to accept. However, I want to know weather I should reply and point out all discrepancies in documents? I wonder if I do that, would they then fix it and come at me again with 'correct stuff'? Or should I just mention that docs contain errors, but not specify? Thanks.

sourcrates

They can`t "fix it" they either have the information, or they don`t, there is no middle ground here.

If you took out the agreement online, different rules may apply, National Debtline can answer most questions about this.

The differing amounts on the notice of assignment don`t mean diddley squat, if it was a few thousand pounds out, then a good solicitor would be able to tear holes in it, but not for a quid, the NOA is basically just proof that your debt was assigned, no more, no less.

You can play on the point that no credit agreement has been forthcoming, Lowell are quite likely to take it all the way just for the hell of it, then not turn up on the day, they have lots of form for that.

I would play all my cards, the worst that can happen is judgement will go against you, stand your ground.