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

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

    Originally posted by bmw2602 View Post
    not sure what to reply to their letter as i only have 30 days to reply before they possibly take action, i requested a cca request on the 05/04/203 and again 20/08/2017 to which they have not complied with.
    Unless I'm wrong there have been no previous county court claim/proceedings only the Statutory Demands. Or have I completely misunderstood this long thread?

    A Statutory Demand is not a court document so it would/should not impact on the debt's SB status unless the debt was acknowledged in some way when those were being disposed of.

    You say you have a s 77-79 CCA Request which has not been complied with so that's two potential legal arguments if they do issue proceedings (there're probably more!).

    I'm not sure that letter requires a response but that's up to you. If you tell them what's wrong with the documents they sent, then they may try harder to reconstitute acceptable ones before issuing.

    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

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

      Originally posted by Amethyst View Post
      They don't give up do they ! Yes you should respond to that, but I'm going to read back properly - I think you got the stat demands set aside, and they discontinued after your defended the court claim last time, and it was the same account each time previously ? so just double checking that's right. If it is then they are after a second bite of the cherry as they failed, and your statute barred clock just carried on ticking, so yes it should be stat barred now. That copy agreement is NOT the original CCA - obviously - you opened the account in 1999. They are pee'ing in the wind IMO. That's the best they can come up with after 4 years lol. Grrrr. It's still with Lucas so I wouldn't be worrying about impending court action. That's not a compliant letter before action either.

      Hi All,

      Thank You very much for all your help and info i really do appreciate it, i have been so stuck on what to reply to them .

      Comment


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

        Originally posted by Amethyst View Post
        They don't give up do they ! Yes you should respond to that, but I'm going to read back properly - I think you got the stat demands set aside, and they discontinued after your defended the court claim last time, and it was the same account each time previously ? so just double checking that's right. If it is then they are after a second bite of the cherry as they failed, and your statue barred clock just carried on ticking, so yes it should be stat barred now. That copy agreement is NOT the original CCA - obviously - you opened the account in 1999. They are pee'ing in the wind IMO. That's the best they can come up with after 4 years lol. Grrrr. It's still with Lucas so I wouldn't be worrying about impending court action. That's not a compliant letter before action either.

        Hi all, just an update sent a statue barred letter on the 18th of November to cohen & cramer and i have received a reply letter attached, not sure what to make of it, thanks again for all your help I'm hoping they might give up now.
        Attached Files

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

          Their 'client' would be Lowell Portfolio not Lowell Solicitors, and Cohen did say that in their last letter, just slapdash letter writing I expect .... that aside I think it just means Lowell have taken the debt back under their own wing... so add the letter to the ever expanding file and see what they do next... if anything.
          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

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