Is there any way I can/will win this? Seems so unlikely and I will likely be too nervous to make sense of it all.

Pers for £900 id let it run even if you lose youve only got to raise £250 in another month to avoid the ccj being reg'd.

Or up your f&f to say £650 and thats your lot else i'll take me chance on the day TA

See what andy says later

Try £600.....

So, I went back and offered £650 on Saturday morning and was told I needed to call back Monday morning as no one was available. Called back this morning and they still rejected it. So I'm due in court at 2pm. Feeling sick.

All of this is really baffling to me, to be honest. I don't know how to defend myself or what to say or not say. Can anyone give me advice on that? Is there anything I should definitely not say/anything I should?

Thanks everyone!

You really have to relax and get this into perspective...why you feeling sick ? It really is quite informal...if you win you win..if you lose..at least you gave it go and made them spend more and work harder for their judgment...a claim they never expected you to defend.

The Judge will direct and ask you points when your turn arrives...you have your initial defence you have your witness statements with the points raised...simply refer to them and let the judge then ask them to explain your points.

It is important that you raise the matter of trying twice to settle this offering F&FS...even given your current financial circumstances..including today's offer...and tell the court they simply flat refused and were not interested.

See how the Judge reacts to that.

Best of luck...if you lose its a £5 a month.....inform the court you are on benefits.

Regards

Andy

Okay, thanks. I know you're right, it's just so unsettling. Thanks for all your help on this and I'll let you know how it goes. Thank you so much

Do not clam up and say nothing...have your say..only 1 chance.

One quick question: In my conversation on Thursday with Lowells, I was told "It doesn't matter to us whether it takes you 10 or 20 years to pay this". I recorded the conversation. Should I mention this, that I recorded it and the quote? Thanks

No thats irrelevant...just what I have advised above.....courts do not like these type of claims...even more so Claimants who are abusing the system to clog up court time and resources. LOwell will most probably be using in house counsel a the hearing...so thats another chance to rack up a little more profit.

Courts always encourage parties to mediate and try to settle..and do not take kindly to parties refusing to even attempt...even if you lose he will be sympathetic and may dismiss and costs for today or restrict their interest requested.

If they use a rent a Sol for the hearing he may well approach you before you enter the court room and try to proffer a deal ..unaware that LOwell have already flat refused....if thats the case make your offer again....but no more than £600.

Hi, how did you get on today? Hope it went well

No update ? no further questions ?

Would be nice to have a conclusion...good or bad...only courtesy to the poster's who have advised.

Hello!

I thought I'd posted after the court case but it's not here! Really sorry. (

You were right Andyorch, they did use a rent a Sol who asked to speak with me before the hearing.

She tried to use the £175 court fees as leverage to get me to sign up to paying £5/month for the rest of my life!

When I mentioned what the "recovery executive" from Lowell had said

—that they didn't care if it took me 10 or 20 years to pay this off

—she asked me to leave the room and made a call to Lowells.

When I went back in they had a agreed to settle for the £650 I had previously offered.

So it's settled. Phew!

I can't tell you how helpful and supportive I have found this group and I can't thank you all enough.

Andyorch, dx100uk, jon8214, Old Cogger—thank you all so much for helping me through this. You've all been fantastic!

So sorry my initial reply didn't post. It was a lot more detailed!

Thanks again everyone x

Glad you got an outcome that you were happy with

happy to help

Thanks for the conclusion Rocky.

Pleased that you managed to resolve it to your satisfaction and the £650 was in F&FS.

I take it they have withdrawn the claim and informed the court settlement was agreed?

Thread title updated.

Regards

Andy

Thank you a million thank you

Unlock

Hi again

Thanks for unlocking the thread.

Below is the main part of the letter:

'Dear ********

Interest Charging on Repayment Option Plan

As you will be aware, this account has been sold to Lowell. We are writing to let you know about a matter that has arisen prior to the account being passed to Lowell.

• We could have done a better job explaining the way interest was charged in relation to your Repayment Option Plan.
• You are entitled to a refund of £135.23
• You do not need to do anything – A cheque is enclosed for this amount.

We are writing to you about the recent investigation by the Financial conduct Authority ('FCA') into Repayment Option Plan ('ROP'). We agree with the FCA's conclusion that we did not, during the call where you opted-in to the product, tell you that charges for the Plan attracted interest at you purchase interest rate (though this was disclosed in writing before and after the call). We could have done more to ensure you understood the interest charges on ROP, for which we apologise.

You are entitled to a refund of all interest charged on ROP. Your are also entitled to 8% simple interest for any period your account would otherwise have been in credit. We have agreed the method of calculating the refund =with the FCA (under its statutory powers.)

A breakdown of the amount being refunded is below...' 

So, this threw me a bit and I wanted to get your take on it. Is this anything to do with PPI? Should I just cash it or press for more information?

After all that angst and hassle, this!!!

Thank you

yes ppi rop refund

cash in

nothing more you need to do.

Hmmm, makes me think that I should look into other past accounts about PPI as I keep seeing the deadline is the end of August but not sure how to go about it!

Thanks again for your support with this