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Lowell Solicitors claim help

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  • Lowell Solicitors claim help

    Hi. I have an acciunt being chased by Lowell solicitors,threatening court action in 14 days if no payment arrangement is made.
    I requested proof of debt etc, and they replied saying they would freeze the account whilst looking into it.
    Since then, they have sent a 'copy' of a credit agreement with my details on and a tick box ticked. This does not constitute, I presume, the actual documents I requested they provide. The document looks edited,or may be 'stock' rather than a copy of the original, and there is no suppied proof of the ID procedures etc I would assume are expected within such an application in order to provide credit in the first place. It has been suggested to me that it is a reconstituted agreement. The date suggests it was agreed to in 08/2011.
    Where do I go from here? What is the next step? Surely they need to supply more proof before being able to run it through the courts?
    Many thanks
    Tags: None

  • #2
    Re: Lowell Solicitors claim help

    Hi Help2017 & welcome to LB.

    Who were the original creditors?
    Did you send a CCA (s77-79) request for the documentation?
    What is the alleged debt for? (Loan, credit card, etc)
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Lowell Solicitors claim help

      Hi.
      The original account was a Very (Shop Direct) account.
      I have previously been accessing help from GOODF, and I requested all sorts,which led to an estoppal due to their faliure to provide the requested details.
      It went quiet until late Jan 2017 when Lowell solicitors got in touch. I demanded the same documents and recieved by return a reconstituted CA.
      I hope that helps.It's odd that it's taken this long to send the CA?

      Thank you

      Comment


      • #4
        Re: Lowell Solicitors claim help

        I don't really know too much about the GOODF methodology or the 3-letter/estoppel tactics employed, however it would appear that courts do not hold too positive an opinion of them.
        One Canadian judge wrote a 185-page judgment decrying FMOTL submissions as Organised Pseudolegal Commercial Arguments.
        Meads v. Meads, 2012 ABQB 571 (CanLII).
        We (this forum) tend to use existing laws (including legislation) to try & formulate a less contentious argument.
        It's bad enough trying to battle the Claimant; battling both Claimant and the court is, imho, inviting disaster.


        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Lowell Solicitors claim help

          I rather agree. It has been less than helpful, but has in the process requested the documents.
          If you can help or point in a useful direction I would be most very grateful.
          Where do I stand with the lack of requested documentation? Where do I stand with this CA that's been reconstituted?



          Originally posted by charitynjw View Post
          I don't really know too much about the GOODF methodology or the 3-letter/estoppel tactics employed, however it would appear that courts do not hold too positive an opinion of them.
          One Canadian judge wrote a 185-page judgment decrying FMOTL submissions as Organised Pseudolegal Commercial Arguments.
          Meads v. Meads, 2012 ABQB 571 (CanLII).
          We (this forum) tend to use existing laws (including legislation) to try & formulate a less contentious argument.
          It's bad enough trying to battle the Claimant; battling both Claimant and the court is, imho, inviting disaster.


          Comment


          • #6
            Re: Lowell Solicitors claim help

            Could you post up a copy of the agreement that has been sent to you? (Redact any personal identifiers).
            How much is the alleged debt?
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: Lowell Solicitors claim help

              Of course. I'll hopefully have them attached below

              Originally posted by charitynjw View Post
              Could you post up a copy of the agreement that has been sent to you? (Redact any personal identifiers).
              How much is the alleged debt?
              - - - Updated - - -

              Rather embarrassingly I can't work out how to attach a document here. I have the documents ready

              Comment


              • #8
                Re: Lowell Solicitors claim help

                First documents attached
                Attached Files

                Comment


                • #9
                  Re: Lowell Solicitors claim help

                  And final one
                  Attached Files

                  Comment


                  • #10
                    Re: Lowell Solicitors claim help

                    Re the copy of the signed agreement (last 2 pictures posted above, post #s 8 & 9), what has happened to para #14?
                    Can you recall whether you had PPI?
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #11
                      Re: Lowell Solicitors claim help

                      No, I don't think there was any PPI. I think para 14 is on the top of one of the attachments above? It seems to be about APR?

                      Let me know of you need any other photos etc

                      Originally posted by charitynjw View Post
                      Re the copy of the signed agreement (last 2 pictures posted above, post #s 8 & 9), what has happened to para #14?
                      Can you recall whether you had PPI?
                      - - - Updated - - -

                      Here is a clearer shot (I hope)
                      Originally posted by charitynjw View Post
                      Re the copy of the signed agreement (last 2 pictures posted above, post #s 8 & 9), what has happened to para #14?
                      Can you recall whether you had PPI?
                      Attached Files

                      Comment


                      • #12
                        Re: Lowell Solicitors claim help

                        Yep, sorry.
                        Is there anything showing paras 1-13?
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #13
                          Re: Lowell Solicitors claim help

                          Here you go. A bit clearer than the above screen shot O hope. Thank you
                          Attached Files

                          Comment


                          • #14
                            Re: Lowell Solicitors claim help

                            Originally posted by Help2017 View Post
                            Here you go. A bit clearer than the above screen shot O hope. Thank you
                            This is a reconstituted form, if that makes a difference. Thanks ever so much for your help

                            Comment


                            • #15
                              Re: Lowell Solicitors claim help

                              Ok, that gives a clearer picture.

                              Have you asked for documentation via a Consumer Credit Act 1974 s78 request, c/w the statutory £1 fee?
                              & how much is the alleged debt?

                              Recon agreements are acceptable, certainly for s78 requests, as long as they are accurate.
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment

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