Lowell/Wilkin Chapman - PAPLOC - old Capital on Tap Business Debt with PG

[JHall2023]

Hi all,

COT have defaulted our LTD Co. debt.

LTD still trading and just about surviving

now I believe it is being pursued under PG,  therefore a personal debt.

COT initially offered arrangement and then terminated the agreement despite meeting the first 2 payments.

The balance Lowell/Wilkin Chapman are quoting isn't even correct (it's at least £800 more than it should be).

Is this enforceable debt if it's left untreated? ~£9k

Thanks

[dx100uk]

well known here

follow the advice in the existing threads

Programmable Search Engine (google.com)

clickme^^^^

[JHall2023]

I've actually read these threads already when I was Googling last night.

Still unsure what to do here. I am on a DMP with PayPlan already for personal debts (around £44k).

[dx100uk]

SAR time to COT.

as for a DMP why? do it yourself after CCA request to everyone you are currently blindly paying.

are any of these debt historic and being paid to debt collectors?

might be an idea to start a new thread in the debt self help forum about the DMP and your debts.

if also you read a good few threads there it could save you £1000's

dx

 

 

[JHall2023]

Requesting a SAR from COT - don’t see how it benefits me?

Can’t I just ignore Lowell altogether?

They haven’t even got the debt amount correct like I said the other day - what should I do with that?

They're like £700 out

[dx100uk]

lowells have bought the debt for penuts...

and anyway...you are ignoring lowells

the sar goes to COT whom have sold the debt now

you never know what stokes lowells are gonna pull or what docs they may fake up..should they say ever try a letter of claim

but having a complete set of everything from COT puts you one step ahead of lowells and their dodgy tactics on every debt they own

 

 

[JHall2023]

Got a problem here - just realised COT had my mum's address from 2020 (when I lived there).

Lowell/Wilkin issued letters last week which arrived today.

Should I contact them to get the address changed?

[dx100uk]

you should never be moving without informing all your creditors (or debt owners) in writing of your move.

the sar will update COT, but read all the thread as there is one more thing you need to include withit

[JHall2023]

Will write about address change.

Other thing being incorrect balance?

[dx100uk]

i wouldn't be tipping them off no.

dx

 

[London1971]

NB Lowell's MO is to actively seek debtors who have moved without informing them, it's so easy for them to get an undefended judgement, meaning that you will get a visit from the Bailiffs at some point in the future. 

On the converse side, if you keep them informed of your address changes, then you will be able to receive all their rubbish and if you ever receive a pre action protocol letter from them you will learn how simple it is to bat Lowell off.

Send them your updated details and sleep easy, if anything should come through of consequence come back to this thread for help

 

[JHall2023]

Just had a Reply Form come through and it has a 30 day deadline

[AndyOrch]

Deadline for what ?

[dx100uk]

you mean a letter of claim with a reply pack wanting I&E etc?

dx

[JHall2023]

"As the company has failed to make payment our client seeks to rely on the guarantee and we are instructed to advise you that unless we receive payment of the outstanding debt within 30 days of the date of this letter we are instructed to consider issuing court proceedings against you and the company without further notice. Court proceedings will also include a claim for court fees, solicitor’s costs and interest."

 

How long do I have to fill in the Reply Form?

You only have 30 days from the date at the top of the letter from the business to send back the Reply Form. If the business does not get your Reply Form within 30 days, it could take you to court in relation to the debt. Make sure you allow time for posting.

If a court orders you to pay an amount of money (called “having judgment entered against you”), details of the judgment will usually be entered on the Register of Judgments, Orders and Fines. Most entries stay on the Register for six years unless you pay the amount you owe within one month of the judgment.

Organisations such as banks, building societies and credit companies use the information on the Register when someone applies for credit, such as a loan or overdraft. It helps them decide whether or not that person would be able to pay off a debt.

 

What happens if I fill in and return the Reply Form in time?

If you return the Reply Form within 30 days, you and the business will have at least a further 30 days to discuss the debt, or for you to seek debt advice, before the business takes you to court. During that time you should discuss with the business how you can resolve the matter, ideally without going to court.

If you request more information in the Reply Form, the business must wait at least 30 days after it gives you that information before taking you to court. 

 

Where can I find out more?

This Information Sheet is a summary of your rights and responsibilities under the Pre-Action Protocol for Debt Claims. Where a business and an individual disagree about a debt claim, the Protocol tells them what they should do before they go to court. If you want to know more, the full Protocol is available at: https://www.justice.gov.uk/courts/procedure-rules/civil/protocol.

 

 

 

 

REPLY FORM

YOU HAVE 30 DAYS FROM THE DATE AT THE TOP OF THE ENCLOSED LETTER TO FILL IN AND RETURN THIS FORM.

IF YOU DON’T, IT COULD RESULT IN COURT PROCEEDINGS.

 

If you have any questions or would like to discuss the debt, please call the business that sent you this form as soon as possible.

 

Full name:

Address and postcode:

Contact telephone numbers:

Email address:

Reference:

 

BOX A

I agree I owe the debt.

Tick this box if you agree you owe the debt and agree the amount of the debt is correct.

IF YOU WILL PAY THE DEBT, GO TO SECTION 2.

IF YOU NEED DEBT OR LEGAL ADVICE, GO TO SECTION 3.

o   BOX B

I owe some of the debt, but not all of it.

Tick this box if you agree you owe some of the debt, but not all of it, for example if you think too much interest has been added or you haven’t been credited for payments you made in the past. 

The amount of debt I owe to you is £…………. .

Say how much you think you owe.

I don’t owe any more than this because ……………

Explain on a separate piece of paper why you don’t owe all of the debt. Give as much detail as possible and provide copies of any supporting documents.

IF YOU WILL PAY THE PART OF THE DEBT YOU OWE, GO TO SECTION 2.

IF YOU NEED DEBT OR LEGAL ADVICE, GO TO SECTION 3.

OTHERWISE, GO TO SECTION 4.

o   BOX C

I don’t know whether I owe the debt.

Tick this box if you’re not sure whether you owe the debt and/or you need help from a debt adviser to work out whether you should pay.

NOW GO TO SECTION 3.

o   BOX D

I dispute the debt.

Tick this box if you don’t owe the debt, for example because the debt should be paid by someone else, because you have already paid it, or because there is a legal problem with the credit agreement.

I dispute the debt because ……………

Explain on a separate piece of paper why you dispute the debt. Give as much detail as possible and provide copies of any supporting documents.

NOW GO TO SECTION 4.

 

SECTION 2: How will you pay?

Only complete this section if you ticked Box A or Box B in Section 1 and you want to pay now.

 

The letter from the business will tell you how to pay. Keep a record of the payments you make.

 

o   BOX E

I will pay what I owe now.

Tick this box if you agree that you owe all or part of the debt and you are able to pay what you owe now. You should pay using the payment details in the letter from the business. Keep a copy of any proof of payment you receive.

o   BOX F

I will pay, but I need time to pay.

Tick this box if you agree that you owe all or part of the debt, but you can’t pay right now.

If you offer to make repayments, you must be able to afford them. You should consider getting debt advice about how much you can afford to repay. If you are seeking debt advice, complete Section 3.

My proposals for repayment are ………….. .

Explain on a separate piece of paper how you intend to pay the debt. Say how much you could pay now and how you will pay the remainder. For example, say how much you could pay each week, fortnight or month and when your first payment would be made.

I have provided a Financial Statement showing my current financial situation:

Yes   o                  No     o  

To help the business ensure you can afford your proposed repayments, fill out the Financial Statement that is attached to this form. You should also attach a copy of any budget or financial statement that a debt advice organisation has helped you prepare.

 

SECTION 3: Do you intend to get, or are you already getting, debt advice?

Only complete this section if you are getting debt advice about whether you owe the debt or whether you can afford to pay.

 

o   BOX G

I am getting or intend to get debt advice.

I am getting advice from ………………………………………………………………… …………………………………………………………………………………………………

Insert the name and contact details of the person or organisation giving you advice.

I am getting advice about ………………

Explain on a separate piece of paper what you are getting advice about, for example whether you owe the debt or how you could pay.

I have an appointment with an adviser on ………….…………………………………… …………………………………………………………………………………………………..If you have an appointment with a debt adviser, give the appointment date and time.

I can’t obtain advice within 30 days of returning this Reply Form because ……… .

If it will take you longer than 30 days to get debt advice, explain on a separate piece of paper the reason for the delay and when you expect advice will be available.

NOW COMPLETE SECTION 4.

 

SECTION 4: What documents are you sending with this form? What information do you need?

Complete the boxes below if you want to provide or get more information.

 

 

o   BOX H

I have provided documents.

Tick this box if you want to provide documents about the debt, for example you might want to provide a letter showing you have an appointment for debt advice or a receipt showing you paid some of the debt.

I have enclosed the following documents ……….. .

Describe on a separate piece of paper the documents you have provided and why they are important.

o   BOX I

I need more documents or information.

Tick this box if you need more information, such as copies of documents you don’t currently have.

I need a copy of ……………………………………………………………………………. …………………………………………………………………………………………………. …………………………………………………………………………………………………

Additional documents or information that you might need could include:

·         A copy of the written contract for the debt

·         A full statement of account, including details of all interest and charges included on the outstanding balance of the debt, explaining how they have been calculated, and any payments already made toward the debt

·         A calculation of the interest claimed

·         The annual or daily rate of interest

·         A description of the nature and amount of any administrative charges included in the debt

·         A copy of the notice of assignment of the debt

It's been a week and I've already has LOC?

[dx100uk]

wasted you time typing that all out.

hit letter of claim. follow post 4

thread title updated

dx

 

[JHall2023]

Ok thanks. They didn't even give me a chance to update the address. Sods

Post 4 is telecom/contracts - is this correct?

[AndyOrch]

The PAPDC does not apply to business to business debt only if the debtor is a sole trader.

[dx100uk]

so why are they sending it?

interesting.

not trying to scare people into paying up are they......

[JHall2023]

It's PG though, so they're pursuing me (guarantor)

[AndyOrch]

You signed a PG and they have a copy of it ?

[JHall2023]

Not sure if they do unless COT gave it them when sold

[AndyOrch]

I would very much doubt that...but did you sign one ?

[JHall2023]

I did and I have a copy of the original agreement

[AndyOrch]

Okay hence they refer to it in their letter...still be interesting if they can disclose a copy.