Setting up a payment plan as a final straw to avoid court action

[scottygees]

so I was wondering if there is no further options but to bite the bullet and set up a payment plan with a creditor due to not wanting to go through the courts and risk a CCJ, what would be the minimum payment, based upon people’s experience, that a DCA is likely to accept? I am fully aware that setting up a payment plan may still result in the creditor applying to the courts but is there some regulations where they must not refuse any payment out of hand. There are a couple of my debts that I think I may need to bite the bullet on both for £2000 approximately. What would be a reasonable payment plan amount for this amount to avoid court action being taken? Many Thanks

[The Tech Clerk]

have a word withDiana Mayhew before you go rushing off the Tangent, even just before the case if it came to it you could agree with a Tomlin Order with creditor etc, she is very useful to talk to

[The Tech Clerk]

& court ( well you sit at a table a DJ sits at one and the other side representative sits at another (if they turn up) talk to Di before you give up and give her the facts.

[Roger]

I agree with Tech Clerk.
Talk to Di.
You will need facts and details in order to make a reasoned decision that is appropriate to individual Cases
If you haven't yet done so send for a SAR on these two.
There are many reasons for UE not just the CCA so you need to know how strong or weak your Cases are!!

[Spud]

I would strongly urge you to contact Di as others have said before doing anything

She is great and very knowledgeable on these subjects - You can trust her 200% to have your best interests at heart

Remember IF they ever issue a claim ( Thats IF) many times they dont - That is only the start of the claim process

Many claims are discontinued along the way and then IF it looks as though you might want to come to a settlement - This can always be done prior to a full hearing with a Tomlin order etc as others have advised - Make sure you seek good advice from a trusted source first before diving into anything

[scottygees]

Thanks for all the advice. At the moment I am still going the unenforceable route on these and will explore every avenue before admitting defeat. I am just thinking ahead when every avenue has been exhausted. I am a civil servant so not sure if a CCJ will impact my job. I gather if it doesn’t affect my jobi a Tomlin Order won’t apply?

[scottygees]

So following on from this query my wife has today received a letter from Lowell (not totally unexpected)entitled “pre legal assessment” stating they have selected one of her accounts for legal action and that if no contact received by 15th April solicitors will be instructed . As luck would have it we sent a CCA of this morning for this account. So I assume this should stop them in their tracks for the time being and just to await their next move. They previously sent a default notice served letter back in 2017 requesting a payment to stop default being issued.No default appears to be showing on her credit file. She also received a previous letter in January stating account being assessed for legal action.

[scottygees]

One final thing is it possible to find out how much a DCA paid for a debt?Just thinking this could be useful to know if ever it comes to having to offer full and final payment

[Joanna Connolly Solicitors]

have a word withDiana Mayhew before you go rushing off the Tangent, even just before the case if it came to it you could agree with a Tomlin Order with creditor etc, she is very useful to talk to

talk to Di before you give up and give her the facts.

I agree with Tech Clerk.
Talk to Di.

I would strongly urge you to contact Di as others have said before doing anything

She is great and very knowledgeable on these subjects - You can trust her 200% to have your best interests at heart

Hello

I'll take a peek at your thread tomorrow and then make some suggestions.

If a debt purchaser intends to issue a claim then under the new Pre Action Protocol (introduced 1st October 2017) they must send a formal 'Letter Before Claim' giving you 30 days to respond before they can carry out any threat.

From what you say you have time to plan your strategy.

Di

[Joanna Connolly Solicitors]

my wife has today received a letter from Lowell (not totally unexpected)entitled “pre legal assessment” stating they have selected one of her accounts for legal action and that if no contact received by 15th April solicitors will be instructed . As luck would have it we sent a CCA of this morning for this account. So I assume this should stop them in their tracks for the time being and just to await their next move. They previously sent a default notice served letter back in 2017 requesting a payment to stop default being issued..

What response have you (your wife) had from Lowells after sending them a s 77-79 CCA Request over a month ago?

Is the history of this debt somewhere else on the forum because it's hard to make suggestions without the full facts.

However I'm baffled as to why Lowells sent a Default Notice to your wife last year when that should have been issued and served by the original creditor before the account was terminated and assigned to Lowells.

Who was the original creditor and what was the debt (credit card, loan, catalogue etc)?

Di

[Warwick65]

Hi

Sorry Di i am following you on but I just wanted to add my bit

All Di's points are of course very good but I just want to reassure you about court if it gets to that. My local county court was a proper court room although in a different part of the building to the magistrates court . The jusge did sit up higher but was just in a business suit, no wigs or gowns or anything scary.

I did have to give evidence but it was quite gentle- I affirmed rather than swore on the bible and the representative for lowell asked me 3 times if I had received a default notice from the creditor - I was truthful and said I had kept all documents and no, although at the time I didn't understand what a DN was, on reviewing all my documents - about 150 of them ( although I didn't say that bit) there was no DN.

before you roll over get some advice

A pre legal assessment is possibly just a scare tactic- I have lost count of the numbers I have received including some saying imminent court action . Non of them ever ended in court

So I guess what i am saying is read what Di has said and try to chill, to quote a phrase 'Take my advice because I'm not using it' :-)

[scottygees]

What response have you (your wife) had from Lowells after sending them a s 77-79 CCA Request over a month ago?

Is the history of this debt somewhere else on the forum because it's hard to make suggestions without the full facts.

However I'm baffled as to why Lowells sent a Default Notice to your wife last year when that should have been issued and served by the original creditor before the account was terminated and assigned to Lowells.

Who was the original creditor and what was the debt (credit card, loan, catalogue etc)?

Di

Di- so far nothing has been received or even acknowledged regarding the CCA request. This is for a catalogue debt of £855.i can’t comment about the default notice apart from confirming what I have already stated. Just to confirm the letter they sent stated Default notice will be served. This still doesn’t appear to be showing on credit report.

[nightwatch]

This template letter from Lowells appears to bejust that, a template letter,
I have had 3 of them, say they are looking at account for legal assesment, I don't reply, then get a letter asking me to set up a repayment plan, no payment too small, aparently £0.00 is ,as they then send another saying they are looking in to legal assessment.
then another asking why I am ignoring them.
then the loop starts again.
as they have never sent me the official pre court pack I am of the belief that it is a scare tactic. they shouldn't be doing it ,but, we all know Lowell.