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WON!!! Lowells and a statutory demand threat X 3!!!

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  • Re: Lowells and a statutory demand threat

    Originally posted by Amethyst View Post
    They are able to take court action, however they still need to produce the CCA. Also because the SD's were set aside/withdrawn the clock continued ticking so if you hadn't had contact witht hem for 3 years before the SD's you may well be in a position to argue the debts are statute barred now. Any chance you can post a redacted copy of the letter?

    I'll have a read back and see if Celestine can have a look too

    Hi, thanks for your quick reply, attached is a copy of the letter i recieved recently, the only contact is from them demanding payment, which i sent in a cca request, but no other contact right up until the sd's arrived, thanks

    - - - Updated - - -

    Originally posted by Amethyst View Post
    So had you had any contact in betweeny times ? 2009 to getting the Stat Demand?

    Another CCA request might be in order... but if it could be stat barred that might see them off quicker. I can't see on the thread who the original debt was, other than a catalogue - littlewoods?
    Hi only demands for payment, that all i think.

    - - - Updated - - -

    Originally posted by Diana M View Post
    I remember reading your thread where they issued three SDs for the same debt didn't they?

    They appear to have been set aside when they admitted that they couldn't produce the credit agreement. So unless they've suddenly found it there's not a lot they can do.

    If they are still in a period of non compliance with your s. 77-79 CCA Request then nothing is gained by sending another, especially if that encourages them to try harder to reconstitute one.

    I'd wait to see what @Celestine says.

    It may be they need to be reminded of the past. Have you kept your file on this matter?

    Di
    Hi, i have kept all documents recieved and sent to them, just in case needed for future refernce, thanks
    Attached Files

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    • Re: WON!!! Lowells and a statutory demand threat X 3!!!

      TBH I think I would just file that under ignore with the pile of documents from before, it's not a letter before action, simply they are considering maybe passing it to their solicitors to consider maybe taking court action. JUST my view. If you'd rather head them off at the pass now I'm sure you can by informing them it's Statute Barred, or even informing them of the previous 3 efforts they made that cost them a lot of money.... but see what Di & Cel reckon.
      Common Sense .... if in doubt, use it !

      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

      Comment


      • Re: WON!!! Lowells and a statutory demand threat X 3!!!

        Originally posted by Amethyst View Post
        TBH I think I would just file that under ignore with the pile of documents from before, it's not a letter before action, simply they are considering maybe passing it to their solicitors to consider maybe taking court action. JUST my view. If you'd rather head them off at the pass now I'm sure you can by informing them it's Statute Barred, or even informing them of the previous 3 efforts they made that cost them a lot of money.... but see what Di & Cel reckon.
        Hi everyone, hope everyone is ok on here, just a little update on this lowells/shop direct they are trying to threaten again last time was on the 17th april 2017 now i have had two letters one from lowell and one from a company called lucas credit services threatning court action again, letters attached. just wondering should i ignore or send a letter to them, thanks for any info & help on this.
        Attached Files

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        • Re: WON!!! Lowells and a statutory demand threat X 3!!!

          Lucas Credit Services are just a debt collection agency, they do not own debts they collect (they hope) on commissions only, why lowells if so sure have not gone to court says a lot maybe, begging letters begin?

          Comment


          • Re: WON!!! Lowells and a statutory demand threat X 3!!!

            Hi Everyone, Just an update received a threatening letter copy attached from a company called Cohen & Cramer solicitors, just wondered should i write to them telling them i am still awaiting my cca request from 5th April 2013 or a letter to say it is statued barred not sure what to do any help would be very grateful, thanks
            Attached Files

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            • Re: WON!!! Lowells and a statutory demand threat X 3!!!

              Originally posted by bmw2602 View Post
              received a threatening letter copy attached from a company called Cohen & Cramer solicitors, just wondered should i write to them telling them i am still awaiting my cca request from 5th April 2013 or a letter to say it is statued barred
              That's undoubtedly a Letter Before Claim/Action with a 14 day deadline to respond or legal proceedings will be issued without further notice.

              It's time to make them aware of the situation.

              Di
              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

              This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


              Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

              Comment


              • Re: Lowells and a statutory demand threat

                Is the debt statute barred now? defaulted in 2009 ?

                Originally Littlewoods from 2005 ?

                I'd let them know you still don't acknowledge any debt, they are still in default of your CCA request, and the debt is statute barred.
                Common Sense .... if in doubt, use it !

                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                Comment


                • Re: WON!!! Lowells and a statutory demand threat X 3!!!

                  http://legalbeagles.info/forums/show...324#post344324 only just over 4yrs since the 3rd SD was overturned by [MENTION=2]Celestine[/MENTION] ... do you think they're gonna go for a 4th lol ?? xx
                  Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                  It doesn't matter where your journey begins, so long as you begin it...

                  recte agens confido

                  ~~~~~

                  Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                  I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
                  But please include a link to your thread so I know who you are.

                  Specialist advice can be sought via our sister site JustBeagle

                  Comment


                  • Re: WON!!! Lowells and a statutory demand threat X 3!!!

                    Don't think they can now, even if they dared ... not for a debt under £5k ( think this is £4.2k ) - when they did those first ones the limit was stupidly low at £750.
                    Common Sense .... if in doubt, use it !

                    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                    Comment


                    • Re: Lowells and a statutory demand threat

                      Originally posted by Amethyst View Post
                      Is the debt statute barred now? defaulted in 2009 ?

                      Originally Littlewoods from 2005 ?

                      I'd let them know you still don't acknowledge any debt, they are still in default of your CCA request, and the debt is statute barred.
                      Hi thanks for your reply, yes from littlewoods account was opened around 1999 and defaulted about 2009, i have sent a letter reminding them that i do not acknowledge this debt and they are in default for non compliance of my cca request on the 5th april 2013, fingers crossed see what happens now, thanks

                      Comment


                      • Re: Lowells and a statutory demand threat

                        Originally posted by Amethyst View Post
                        Is the debt statute barred now? defaulted in 2009 ?

                        Originally Littlewoods from 2005 ?

                        I'd let them know you still don't acknowledge any debt, they are still in default of your CCA request, and the debt is statute barred.

                        Hi All, received a reply letter from CohenCramer on the 1st sept copy attached just waiting now on a reply from lowells see what they come up with now.
                        Attached Files

                        Comment


                        • Re: WON!!! Lowells and a statutory demand threat X 3!!!

                          Hi All,

                          Hope all is well, just received this in the post from cohen & cramer x 7 letters which i have attached threatening legal action if i don't reply, it looks like to me that they may be saying in a round about way that they have complied with my cca request which it dosen't look like they have, just a copy of a credit agreement which it does not belong to me, should i send them a non compliance letter before they try and take court action, not sure how to reply to this one, many thanks in advance for any help you could give.
                          Attached Files

                          Comment


                          • Re: WON!!! Lowells and a statutory demand threat X 3!!!

                            Originally posted by bmw2602 View Post
                            Hi All,

                            Hope all is well, just received this in the post from cohen & cramer x 7 letters which i have attached threatening legal action if i don't reply, it looks like to me that they may be saying in a round about way that they have complied with my cca request which it dosen't look like they have, just a copy of a credit agreement which it does not belong to me, should i send them a non compliance letter before they try and take court action, not sure how to reply to this one, many thanks in advance for any help you could give.

                            Hi everyone, received this copy of a credit agreement they sent to me but it does not relate to this account just a blank cca not signed or dated or any info on it can they take me to court with this agreement, not sure on how to reply to them i am still waiting on the cca request i sent to them in 2013 and again in 04/2017 and they sent me this. just wondering will i get a fourth SD now . Also this was originally littlewoods account not shop direct as on the blank cca they sent me if that makes any difference. thanks for any help
                            Attached Files

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                            • Re: WON!!! Lowells and a statutory demand threat X 3!!!

                              Did you send them a SB'd letter [MENTION=39890]bmw2602[/MENTION]?? [MENTION=6]Amethyst[/MENTION] [MENTION=2]Celestine[/MENTION]
                              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                              It doesn't matter where your journey begins, so long as you begin it...

                              recte agens confido

                              ~~~~~

                              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                              I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
                              But please include a link to your thread so I know who you are.

                              Specialist advice can be sought via our sister site JustBeagle

                              Comment


                              • Re: WON!!! Lowells and a statutory demand threat X 3!!!

                                Originally posted by Kati View Post
                                Did you send them a SB'd letter @bmw2602?? @Amethyst @Celestine
                                Hi thanks for your reply no haven't sent one wasn't sure if it is SB yet, do you think it is now ? the last payment was in march 2010 it says defaulted date on 07/09/2010 not sure what to write with regards to a SB, thank you in advance for any help.

                                Comment

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