GDPR Cookie Consent by SimpleServe Privacy Script if debt can be verified, then offer to settle account fully using promissory note - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

if debt can be verified, then offer to settle account fully using promissory note

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • if debt can be verified, then offer to settle account fully using promissory note

    Hello,
    i have contacted lowell with a letter asking for documentation about some accounts they say that i am liable for. what i said in my letter was that if they can get back to me within 12 days with the requested documents then they are agreeing to let me settle the debt fully using a promissory note. if they don't get back to me within 12 days then they are agreeing that i am not liable for their accounts and associated debts as they never existed or were made fraudulently.
    does anyone know if this letter/contract offer i sent them will stand in court, since if they reply they are agreeing to the terms of my contract by tacit agreement.

  • #2
    Sorry but GOODFF type hype would be useless :-., sit down stop reading nonsense, now get into the reality of situation:- if you are serious then start a diary one per alledged debt and give real information and update latest:-


    • Type of account:
    • Date commenced:
    • Approx balance:
    • Last FULL payment:
    • Any Last payment:
    • Status:
    • Account owner

    We do not condemn anybody actions BUT we strive to assist with real proven ways to help defend or get an alledged debt statute barred or other events as members require, if the facts allow>
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment


    • #3
      Originally posted by Salmofan7 View Post
      Hello,
      i have contacted lowell with a letter asking for documentation about some accounts they say that i am liable for. what i said in my letter was that if they can get back to me within 12 days with the requested documents then they are agreeing to let me settle the debt fully using a promissory note. if they don't get back to me within 12 days then they are agreeing that i am not liable for their accounts and associated debts as they never existed or were made fraudulently.
      does anyone know if this letter/contract offer i sent them will stand in court, since if they reply they are agreeing to the terms of my contract by tacit agreement.
      Shot yourself in the foot - with this., they now know you have very little knowledge., but all is not lost (Not helpful though).
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment


      • #4
        thanks for your reply, sorry i dont understand what "GOODFF type hype" is. ok, well lowell sent me an email with a lot of information, maybe i can just send you the email for you to read it?
        i have been reading as much documents about collection agencies etc as possible, i thought it would be a good idea to reply with a letter requesting validation and also make a contract with terms. so you dont think my contract letter would work, or would stand in court?














        Comment


        • #5
          Get out of debt for free type system you seem to use their letter type. Fill out the diary above
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment


          • #6
            Tacit Agreement? Promissory Note? AAD members are familiar with the 3 letters and understand IT WON'T STAND UP IN COURT IT DOESN'T WORK!!
            The Tech Clerk has pointed this out to you.

            Lowell of course have seen these template letters many many times.
            AAD uses REAL LAW which starts with the Consumer Credit Act 1974 (CCA74) but also a growing body of current up to date Case Law!
            In other words recognised by the Courts.

            No two debts are alike. The AAD uses a diary approach to help you take control of your debts and very importantly understand your rights and options.
            Many of Us started off on the wrong foot, so to speak, as you have done.
            Don't put paper work up on this site which will identify you!
            The Diary format round up the figures again to keep your identity safe.
            BUT unless AAD members have at least a basic set of details on each individual Debt they can't really advise or help.


            The Diary approach starts with the following format for each and every Debt

            • Type of account:
            • Date commenced:
            • Approx balance:
            • Last FULL payment:
            • Any Last payment:
            • Status:

            You are welcomed here with AAD and your personal decisions will be respected.
            BUT WHATEVER YOUR DECISION DO NOT CONTINUE WITH YOUR PRESENT COURSE OF TEMPLATE LETTERS - IT DOESN'T WORK!

            Comment


            • #7
              Ok, thanks for your advice. So firstly, i have not received any letters or paper work from any debt collection agency relating to the accounts/debts in question. Basically i went on to check my credit report and seen loads of stuff that i wasnt really sure was anything to do with me. on my credit report i seen the accounts are in default and are with lowell. I went onto lowell website and emailed them to say that i have seen notices on my credit report by "lowell" and i would like to ask some questions regarding the accounts. i said that i am aware there are certain legal requirements that they must follow for providing data or documentation relating to accounts.
              I stated on my email to lowell that i havnt received any letters from them relating to these accounts so i couldnt provide any account reference numbers. I then asked to send me the account numbers to my email address.
              i said that when i receive the account numbers i will contact them by letter with a request for the specific documentation for the accounts.

              they replied asking me to confirm, Name, DOB and address, which i sent to them, and made it clear that by providing these details
              it needs to be made clear that no liability has been accepted or consent given to be held liable for any accounts that you may hold for the details provided.
              i got the email with the details below on 7th august 2021

              (BT PLC):

              Landline Number: xxxxxxxxxx
              Tariff: Phone BB Sports Hardware
              Application Address: xxxxxxxxx
              Account Opened: 20/11/2015
              Last Payment to Client: £47.49 made on 02/07/2019
              Disconnection Date: 20/10/2019
              Airtime Value: £115.14

              (Shop Direct):
              • Account opened date: 01/08/2015
              • Application address: xxxxxxxxx
              • Last Purchase: Lyle & Scott V Neck Merino Jumper - £80.00 on 06/02/2016
              • Default date: 31/08/2016
              • current balance £250.58
              Hitachi Capital):
              • Account opened date: 29/12/2016
              • Debtor address: xxxxxxx
              • Last payment to client: £63.75 made on 30/01/2017
              • Original Loan Value: £765.00
              • Product Purchased: Platinum Extra Heavy Court Ring 4mm
              • Default date: 14/09/2017Hitachi Capital):
              • current balance £801.25

              (SSE Retail):
              • Supply Address: xxxxxx
              • Supply of: Electric
              • Supply Date: 27/02/2016 until 30/04/2018
              • Billing Date: 14/05/2018
              • Last Payment to Client: £246.69 made on 17/01/2018
              • current balance is £1,127.55

              Lowell said
              these accounts are billed a month in arrears. This means that although a payment may have been taken at the point you requested a cancellation of the contract or service; a final bill had not yet been produced.
              This balance may relate to your final balance.

              Is anyone able to help me with some advice with the information i provided? have a totally F***ed up in some way by even messaging them?







              Last edited by Salmofan7; 28 August 2021, 10:51.

              Comment


              • #8
                where do you live Eng?wales or scotland?
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment


                • #9
                  i live in scotland.

                  Comment


                  • #10
                    shop direct any acknowledgement of debt in 5 years since defaulted?
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment


                    • #11
                      Hitachi Capital are not ones to just let a debt lie. What have they been doing since 2017 ? You only made one payment to them?

                      Comment


                      • #12
                        i havnt heard anything from shop direct, and the address for that account isnt the same as the others, its not mine. for the bt land line, and SSE electricity these were passed onto the occupants of the house I moved out of the address in 2017.
                        only the BT debt is on my credit report along with a bank account in arrears, the SSE, shop direct and hitachi are all new to me.
                        is there anything i can do.

                        Comment


                        • #13
                          Originally posted by Still Waving View Post
                          Hitachi Capital are not ones to just let a debt lie. What have they been doing since 2017 ? You only made one payment to them?
                          i havnt heard from hitachi capital at all, like i said, i moved out of that house at the start of 2017, the payments may have come from a bank account with my name, but i didnt open any credit accounts, it was my ex partner, she was supposed to change the phone and electric also. the bank account used, i havnt used that for maybe 7+ years, it was my partner. even after i left the address, i still didnt use the account, and i havnt used it since

                          Comment


                          • #14
                            the balance for teh SSE account current balance is £1,127.55. I UPDATED THE ACCOUNT DETAILS WITH CURRENT BALANCESON MY POST WITH TEH DETAILS
                            Last edited by Salmofan7; 28 August 2021, 10:54.

                            Comment


                            • #15
                              if that is the one referred to in diary add it to the diary entry (all in one place).,okay!
                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment

                              Working...
                              X