Lowell Portfolio (Barclays) have issued a County Court Claim....help!

[steven4064]

See http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a_e.pdf

[classylady18]

Thanks Steven - I have taken a look and i wouldnt be classed as on a low income (even thought i hardly have a penny left each month after bills!)

 

Do you have any advice on how to word the letter to Lowells?

[steven4064]

Just put something like, "in order to save the court's time and further expense on both sides, I would like to offer £x/month to settle this debt"

 

If you can just aford £30, I wouldn't offer that straight off, give yourself a little room for negotiation.

[classylady18]

How does this sound.....

 

Lowell Financial

 

Reference: xxxxx

Claim Number: xxxxx

Current Balance: xxxxx

 

 

Dear Mr Danby,

 

I refer to your letter dated 30/07/2008.

 

In order to save the court's time and further expense on both sides, I would like to offer a repayment of £25 per month to settle this debt. I feel that this is a realistic affordable amount for me to manage.

I would be happy to sign a consent form whereby if I fall behind on my instalments you can proceed with a County Court Judgement, however I am confident that I will keep up with all repayments.

 

Please contact me as soon as possible to confirm that you accept my offer of repayment of £25 per month and also that you will withdraw the above mentioned Claim with Northampton County Court immediately.

Yours Sincerely

Classylady

[classylady18]

I have an email address for them, shall i email it or post it?

[citizenB]

Would it be a good idea to put "Without Prejudice" at the top of the letter / email ?

[steven4064]

Looks good, and what CB says - good thinking

[classylady18]

OK will do!

 

Thanks guys - lets see what they respond with.

 

I have got until 19th August to get a defence in so hoping this will be sorted before then.

 

Im going to email it now and post it out tonight

[citizenB]

Good luck classylady.

 

**blush** thank you steven.

[classylady18]

Hello again!

 

Already had a reply to my email from Lowells! Nearly spilt my coffee !

 

Heres the reply.....

 

Thank you for your recent email and offer of payment, I can confirm that we would be willing to enter into an agreement with you which involves a consent order however in order to do so we would require a plan of 60 monthly instalments of £43.24 to be paid by Direct Debit.

If this is something which you feel you can agree to then please let me know and I will send out the relevant paperwork to you as soon as possible.

If you would like to discuss this or any other aspect of your case with me I have included my my direct dial at the bottom of this email, if this is not your preference then please email me direct.

Yours sincerely

Graeme Danby

Litigation Manager

Lowell Group of companies

0113 3086 116

[classylady18]

I can afford this amount so i guess i will agree to it, but what i want to know now is that they are definately going to withdraw the claim - how do i get him to confirm this. I am just concerned that they might still go for a CCJ even tho i will be paying it off....any pointers u lovely lot

[steven4064]

IMHO the e-mail and the subsequent consent order will mean thay cannot go for a CCJ unless you default (I think it comes under the doctrine of promisory estoppel - they can't go back on what they have agreed)

[citizenB]

Steven, if classylady goes ahead and accepts this would she still be able to claim back the charges that would have made up the counterclaim when the OFT court case is sorted out ?.

[steven4064]

I don't see why not. In fact, if she hasn't already, it would be worth getting the claim in now - 6 years and all that.

[citizenB]

Hi Steven, I know I am not the brightest star in the planet, but couldnt classy lady defend this on the basis that the amount is made up of unlawful charges and not have to pay anything for a counterclaim:confused:

[steven4064]

Hi Steven, I know I am not the brightest star in the planet, but couldnt classy lady defend this on the basis that the amount is made up of unlawful charges and not have to pay anything for a counterclaim:confused:

CB

 

We discussed this around post #104. The problem is that Barclays have sold the debt to Lowells. CL is being sued by Lowells but would have to sue BC for the charges. Also, as it's a curenty account, the charges claim would be stayed. One possibility would be to join BC to the case under CPR Part 19 and then try to get the whole thing stayed. More likely, a court would stay just that part of the claim relating to charges and leave CL to repay the rest anyway. This would obviously be a smaller amount but would cost £75 for the application plus the fee for the counterclaim. It is still a possibility but CL's chosen route is obvioulsy simpler.

 

Starting a new claim for the charges is a good idea though. Once it is setteld you will get 8% interest on top. You wouldn't get that with an ISA

Edited August 11, 2008 by steven4064

[citizenB]

CB

 

We discussed this around post #104. The problem is that Barclays have sold the debt to Lowells. CL is being sued by Lowells but would have to sue BC for the charges. Also, as it's a curenty account, the charges claim would be stayed. One possibility would be to join BC to the case under CPR Part 19 and then try to get the whole thing stayed. More likely, a court would stay just that part of the claim relating to charges and leave CL to repay the rest anyway. This would obviously be a smaller amount but would cost £75 for the application plus the fee for the counterclaim. It is still a possibility but CL's chosen route is obvioulsy simpler.

 

Starting a new claim for the charges is a good idea though. Once it is setteld you will get 8% interest on top. You wouldn't get that with an ISA

 

Aha, I am following the plot now. Although I realised that Lowells were the ones bringing the claim, I didnt realise that classy lady was unable to get the charges from them.

 

:D That 8% interest is a clincher isnt it ?

[steven4064]

I suggested to my fellow team members that a good savings strategy would be to get as many bank charges as possible and then claimi them + 8% after the OFT case on the basis that that is a better rate of return than an ISA. Needless to say, they weren't too impressed

[noomill060]

"More likely, a court would stay just that part of the claim relating to charges and leave CL to repay the rest anyway."

 

"but couldnt classy lady defend this on the basis that the amount is made up of unlawful charges "

 

Please excuse my french, but isnt that the entire ****ing point?

 

The "debt" is dwarfed by the amount of charges to which CL is entitled have reimbursed!!!!!!!!!!!!!!

 

Her defence would be just that.

 

The amount of the charges would be stayed until after the test case judgement.

 

She could show that the debt is entirely made up of charges the lawfulness is on dispute at the High Court, plus interest, so the judge would surely have to stay the whole thing until their lawfulness or otherwise had been settled?

[noomill060]

As it stands she has agreed to pay £50 odd for the next60 months.

 

It strikes me a little odd that she cant find £75 to p*ss on their bonfire.

 

Of course its her choice in the end, but Im sorry, I think we have overfaced her with ideas, and that is why she has decided to throw the towel in.

[noomill060]

Has PT seen this thread?

[noomill060]

"and leave CL to repay the rest anyway."

 

But her charges + interest exceed the claim made against her.

[citizenB]

I suggested to my fellow team members that a good savings strategy would be to get as many bank charges as possible and then claimi them + 8% after the OFT case on the basis that that is a better rate of return than an ISA. Needless to say, they weren't too impressed

 

[steven4064]

Noomill

 

I agree with your frustration but my point is that the 'debt' and the charges are with 2 different companies who, at the moment, are in no way related. THe only way to bring the charges into the argument is to bring BArclays into the case under CPR Part 19. I don't know what chance of success in doing that.

 

I don't know if Paul has seen the thread although I have discussed it with him. He is rather tied up ATM.

 

There are only 2 options:

 

1. Bring Barclays into the case under Part 19 and apply for a stay for the whole thing

 

2. Pay Lowells and sue Barclays (that part will be stayed)

[classylady18]

I've had another email from Lowells this morning and we have come to an agreement where i will be paying £40 a month for 60 months. (i will more than likely clear this quicker than 60 months)

 

In my opinion i feel this is the best option for me at the moment as I really do not want a CCJ against me - this would cause massive problems to my credit file, when i am just getting it back on track after 6 years of having a CCJ and defaults.

 

"It strikes me a little odd that she cant find £75 to p*ss on their bonfire"

 

I dont think it is odd that i cant find the £75, I may not be classed as being on a low income in the courts eyes, but I cannot afford the £75 fee and the £100 to counterclaim - £175 is alot of money for me to find by 18th August when i would have to put my defence in.

 

I will of course be putting a claim in against Barclays for the charges once i can raise the money for the fees. I am expecting a bonus from work end of september so i will be able to pay for it then.

 

I can understand why some of you may think I am going down the wrong route in paying Lowells and I but if it stops a CCJ then im happy with it.