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Lowell offer Large discount

mondeo asked:

Hi all

Got a letter dated 2/10 offering 75% discount of credit card debt if I paid before 15/10.

Debt drops off credit file 1/11/15 so should become Time barred

I have ignored all correspondence from them until now

my questions are….. If I ignore this last offer letter as well.. what are the chances they will give up..and… would they have the time to issue court claim form in the date window between 15/10 (last day of offer) and 1/11 (end of six year default date)

Thanks 🙄

Tiggy replied:

Very unlikely, there’s a process called pre action conduct they have to go through (is send a letter before action) before starting proceedings, which makes me think they’re working to a different timetable.

How certain are you the actual default date was 1/11/2009 ? What’s the debt for ?

stoneybroke replied:

i i just kept up the process after offers we y r at begging stage offer em a discount on there bill 😉

Faljay replied:

If they are offering a 75% discount then they are getting desperate as they know SB is close at hand [if correct date]. Personally I would ignore and see what happens next. If SB on date you claim, then nothing they can do once time arrives, not even pursue you. Should they contact you again after SB date, I have a letter you can send if you wish.

Take Care.

😀

mondeo replied:

Hi all

on my credit file it says the date of default was 1/11/2009 and it was a marks and spencers creditcard

😐

williams2583 replied:

1/11/2015 ,and a discount of this size means we dont have fa on yr claim but hope you might want to pay 25% anyway as we paid 5%.

You might want to see my time line on claim with AK which was 12/10 any offers ? (yes zilch),7/11 60%d,10/11 80%,12/11 60%,1/12 60%,2/12 80%,4/12 60%,5/12 80%,6/12 60%,8/12 passed on,8/13 statute barred.nb 12/10 means Dec 2010 etc.So dont waste yr time on it,never mind the time to get a claIm in ,THEY DONT HAVE EVIDENCE MY FRIEND.

effteedee replied:

Your default date is 1/11/09, that’s good …. I know it sounds an obvious question but have you made ANY payments since this date or acknowledged the debt in any way?

All the best 😀

Faljay replied:

Just to clarify, SB begins from the last contact and/or payment made, not the default date, as defined by the FCA.

Take Care.

😀

williams2583 replied:

Jay just to put a spanner in the works ,the start date for statute barred has also been allowed by the court in some instances to be the default date not the cause of action ,so if they have used the default date which is considerably later than the actual cause date be prepared to argue the toss in court.This happened to me with Lowlife,but in the end as they overran both they had to sod off.

I did in a subsequent letter tell them they had BRICKED IT AND SENT THEM ONE ALSO 😀 😀 😀 😀 😀 😀

mondeo replied:

Hi ya all

thanks for all the input

mmmm…so it seems its a gamble for me…only thing… as was mentioned…why a large discount offer letter so close to a SB/ default date end…when court proceedings would instigate the strong possibility of a larger amount …maybe they are just being really nice and humane and have taken a sympathetic attitude to me and feel really sorry for me.. 😮 LOL ..does the DCA have time to send a letter of intended court etc and how long is the average time period between that and then instigation of the Court claim? 😐

Tiggy replied:

yes they do and it’s 14 days. Once you’ve received a letter before action you can respond with a Request for Further Information under the County Court’s Pre Action Conduct protocol – if they fail to respond to that and they commence proceedings you can request the claim be stayed (halted) until they do – I’ve had one Stayed since April of this year because they ignored my Request for Further Information 😀

mondeo replied:

Hi ya Tig

well they are running a pretty close game then ..15th end of offer date.. with the default date ending 1/11

still thanks for your continued advice…checked out our mate Kenneth John Stannard ..MD of cabot last night…slippery or what..and you were right…company balance sheet is worth a lot …mind you was re-financed by Barclays in 2010…google Endole UK..then you can see what fingers he has in various pies..he has 42 directorships..bless him.. 🙂

mondeo replied:

As of today I have not heard or received any further correspondence from Lowell or anyone else regarding this thread …will keep it open for a further while …just in case.. 😮

williams2583 replied:

Its DEAD as mentioned