Lowell / Lucas Credit - Letter before action?

LouR

Hi all. I have received a letter from Lucas Credit on behalf of Lowell asking for £200 for a 3 year old credit card debt. They say:

If we do not hear from you to discuss this matter or receive your payment within the next 10 days we are instructed by our client to refer this matter to their solicitors to commence legal action.

I'm worried I'll get a CCJ and have bailiffs. What do you think is the best course of action? I'm housebound for the next few months and on the lowest Universal Credit.

fatbelly

No it's not a letter before action. (It's a standard letter from a debt collector. Means nothing)

This is what one looks like and how to respond to it

https://debtcamel.co.uk/letter-before-claim-ccj/

Is this your only debt?

sourcrates

Bailiffs are a very last resort, not a first responce.

And a creditor cannot simply just rock up asking for money without providing proof of liability.

Simply send them the PROVIT letter, that will tie them up for a while, they will either provide the proof, or they won`t, usually they will forget about you and move on to an easier target.

LouR

fatbelly said:

Is this your only debt?

No I have a few totalling 5k. I was happy paying all my debts but alas missed a few and charges just sky rocketed out of control.

fatbelly

You shouldn't be getting any charges on debts that have been defaulted and sold on.

If you can afford say £100 per month you could look at a debt management plan with stepchange or payplan.

Less than £50 surplus, which may be the case if you're on UC, and you should be looking at the qualifying criteria for a DRO (which might be a bit more generous in May this year)

LouR

I've just received a Notice of Pending Legal Action letter including a 30-day reply form, from Lowell Solicitors. They also mention adding loads of interest and fees if I get a CCJ.

• Should I respond with a PROVIT letter or request it on the reply form?
• Should I send it to Lowell Solicitors (or Lucas or Lowell)?

Any other suggestions or help is most welcome. Thank you.

sourcrates

LouR said:

I've just received a Notice of Pending Legal Action letter including a 30-day reply form, from Lowell Solicitors. They also mention adding loads of interest and fees if I get a CCJ.

• Should I respond with a PROVIT letter or request it on the reply form?
• Should I send it to Lowell Solicitors (or Lucas or Lowell)?

Any other suggestions or help is most welcome. Thank you.

Does it say "Letter before action" ?
Is it a questionaire type document you have 30 days to reply too ?
If so, forget anything else, fill in the form with your proposal, send it back, and don`t forget to tick the proof of liability box.

LouR

sourcrates said:

Does it say "Letter before action" ?
Is it a questionaire type document you have 30 days to reply too ?
If so, forget anything else, fill in the form with your proposal, send it back, and don`t forget to tick the proof of liability box.

It's headed "Notice of Pending Legal Action " a further paragraph reads "This letter is being sent to you in acordance with the Practice Direction on Pre-Action Conduct and Protocols.. "
The reply form is SECTION 1-4 and BOX A-I etc.
Not sure what my proposal would be if any? And by "proof of liability" do you mean the box titled "I need more documents or information"?

sourcrates

It sounds like an LBA, put it this way, if you don`t make an affordable offer of payment, then it will precede to court next.
"And by "proof of liability" do you mean the box titled "I need more documents or information"? - yes.
You only need offer what you can afford, if you want to avoid a CCJ, this is your chance.

LouR

Will offering a payment admit liability? Perhaps I should wait to see if they can prove I owe the debt.
I really appreciate you taking the time to help.

LouR

fatbelly said:

£50 surplus, which may be the case if you're on UC, and you should be looking at the qualifying criteria for a DRO (which might be a bit more generous in May this year)

Can I request proof of the debt with the reply form and do you suggest making an offer at the same time as this seems contradictory?