Overdales solicitors a part of Lowell’s? Updated with response

fatbelly

The original entry on your credit file will disappear six years after the default date. Nothing you do will affect that but if you agree a settlement that entry will show as partially settled.

The problem with a ccj that isn't paid within a month is that it creates a new entry in a different section and that one lasts 6 years from the date of the ccj.

Dottydoolay

Hi all I have googled until blue in the face before posting this and still can’t find an answer or anything similar so here I am again.

So sent the 30 day thing back again accidentally filled it in incorrectly(didn’t even respond to the first part) but matless asked for the proof once again but more paraphrased to indicate I wanted the correct paperwork and true copies.

Today a letter from them they note my comments and have sent all documents required in line with their legal obligations. If I didn’t receive them let them know. (My thinking rightly or wrongly you send me a pile of junk not recorded delivery anyway so what was the point in that? If any of it was fulfilling their legal obligations they have no proof I got it!)
Kindly note they can accept an affordable payment offer, account on hold for another 30 days and they may request a county court claim once again! 

I read other companies and even them admit in some cases they don’t have the paperwork so I don’t understand why I get a load of junk paperwork and same letters? Desperate?

Thanks and sorry about how boring this is just on and on apparently endless.

sourcrates

That`s how they play the game, so to speak, these companies buy up debts in bulk, non of them have any paperwork with them, the original creditor always retains it, until they dispose of it themselves, usually after 6/7 years, so when you ask for evidence, they have to go back to shop direct and Russel up whatever they have left on file, hence the blank credit agreements being sent, hoping that you won`t be aware of what their legal obligations actually are.

Well your at a stalemate now, they may send a claim form after Christmas, they may not, its all a numbers game you see, they may try to bluff you, as they can get away with that, but trying to bluff a court is a very different kettle of fish altogether.

You always have the option of monthly payments, or a settlement offer, and you also have the ammunition to defend a county court claim, so again, its a case of wait and see what they do next.

Dottydoolay

Thankyou again Sourcrates,

I just go round in circles with my thoughts and they’re doing my head in, sometimes I’m  confident sometimes I’m overthinking.

My thought process today is yes they bought the debt fair enough but not for the money they want.  All I’m asking for is the paperwork to support the fact that they keep threatening to take me to court. Without the paperwork all it is, is threats. Common sense tells me who in their right mind would send so called legal documents without obtaining a signature and better still threaten again but then ignore a second request for more detailed information by saying you have already sent it.

A whole year ago I thought great when they offered that initial 20% off I thought I would then move forward and it was a start but nope nothing since then.

My strong head tells me I’m only in this position because of Covid and wages halved since then. Very were a joke and wouldn’t budge on payment plans hence they chucked it to the Lowell clowns in the first place and Very/Lowell whoever are certainly not an essential cost after such a wage cut.

They come back with some significant discounts ie more what they paid for it or it looks like this will drag on.

I hope reading this account at least helps others in this situation and thank everyone who has helped through this saga. 

sourcrates

If you inform them of your financial position due to covid, you may find you get an altogether different response.

Lowell have written off a lot of debt in recent months due to clients not having sufficient disposable income to meet there essential payments, let alone their credit debts.

Just another angle you could take with this, send a letter to this effect, also pointing out the errors in there response to your request for evidence, and it may swing this in your favour, they won`t waste money on a court claim if you can instil any doubt in there mind that this would be unaffordable to you.

Affordability is everything at the moment.

Dottydoolay

Thanks Sourcrates,

With this journey so far do you think that would work though? Bearing in mind they ignored the Provit letter, and no formal CCA request has gone in.

All I have done so far is ignore them and reply to the 30 day things quoting what documents  I want from them and it’s been a whole year since any discount was offered. I haven’t even acknowledged the debt(not to them anyway).

I just have it in my head they’re trying to play hardball with me but then again I don’t know really as never been in this position before. 

Do you think it would be something to do now or something on the wait and see what their next move is basis?

DjangoUnchained

im in the same position, 4 years on they havnt proved anything, im happy to sit on the £4.6k 2 more years until statute barred then tell them to go take a jump. I dont even need the money now so gonna give it to charity. 

ozanis

DjangoUnchained said:

im in the same position, 4 years on they havnt proved anything, im happy to sit on the £4.6k 2 more years until statute barred then tell them to go take a jump. I dont even need the money now so gonna give it to charity. 

I’m on fifth year and now I was taken to CCJ by debt collectors. How are you going to runaway from this? However, I don't understand one thing. If you don't pay your debt you get default then can't obtain a credit for 6 years and the last minute, a debt collector can take you to court and can block the debtor for another 6 years by CCJ! Then you end up with 11 years for !!!!!! credit file! How come it works like this? Any answers to this? 

sourcrates

ozanis said:

DjangoUnchained said:

im in the same position, 4 years on they havnt proved anything, im happy to sit on the £4.6k 2 more years until statute barred then tell them to go take a jump. I dont even need the money now so gonna give it to charity. 

I’m on fifth year and now I was taken to CCJ by debt collectors. How are you going to runaway from this? However, I don't understand one thing. If you don't pay your debt you get default then can't obtain a credit for 6 years and the last minute, a debt collector can take you to court and can block the debtor for another 6 years by CCJ! Then you end up with 11 years for !!!!!! credit file! How come it works like this? Any answers to this? 

Because you failed to defend the claim possibly ?

Lack of credit agreement would be a defence to a claim, so you would not have judgement granted against you.

Obviously that was not the case with you.

When dealing with these things you cannot just trust to luck, you need to have a strategy to respond with.

sourcrates

Dottydoolay said:

Thanks Sourcrates,

With this journey so far do you think that would work though? Bearing in mind they ignored the Provit letter, and no formal CCA request has gone in.

All I have done so far is ignore them and reply to the 30 day things quoting what documents  I want from them and it’s been a whole year since any discount was offered. I haven’t even acknowledged the debt(not to them anyway).

I just have it in my head they’re trying to play hardball with me but then again I don’t know really as never been in this position before. 

Do you think it would be something to do now or something on the wait and see what their next move is basis?

They usually get litigious when they have little or no knowledge of your circumstances.

Look at it from their point of view, as far as they are concerned, your just another non payer who`s ignoring them, informing them of your financial situation cannot hurt, and may stop legal action altogether.