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**WON!!** Claim form from Lowell

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  • #16
    Re: Claim form from Lowell

    bet is was Quote;- "Dam Blast orrrrrrrrrrrrrrrrr Flip":judgey:

    Comment


    • #17
      Re: Claim form from Lowell

      Sorry folks I am getting more confused by the minute

      Jo - What would you like to see- what they sent me from the first CCA request back in 2012 , the copies they have sent me since ( with no CCA request) or all the documents they have sent since I responded to their LBA in April 2016?

      If I scan anything they will only be even less legible than they actually are

      I know everyone is trying to help and its appreciated

      Comment


      • #18
        Re: Claim form from Lowell

        tagging [MENTION=7765]Joanna C[/MENTION] 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

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        • #19
          Re: Claim form from Lowell

          In 2015 I sent a complaint to Lowell portfolio 1 and in response as part of their response they sent my an illegible copy of my agreement. This was the same version that Capital One had sent me in 2012 after a CCA request .

          In April 2016 I sent a S78 request to Andrew Bartlett of Lowell Portfolio 1 and so far have received nothing back from Lowell Portfolio 1

          At the same time I sent a LBA response to Lowell solicitors asking for the agreement, the DN, the NOA. I have received a running statement from 6/1/2006 to 6/1/2016 and a template DN both from Lowell solicitors.

          I hope that clears it up

          Thanks

          Comment


          • #20
            Re: Claim form from Lowell

            Originally posted by warwick65 View Post
            In 2015 I sent a complaint to Lowell portfolio 1 and in response as part of their response they sent my an illegible copy of my agreement. This was the same version that Capital One had sent me in 2012 after a CCA request .

            In April 2016 I sent a S78 request to Andrew Bartlett of Lowell Portfolio 1 and so far have received nothing back from Lowell Portfolio 1

            At the same time I sent a LBA response to Lowell solicitors asking for the agreement, the DN, the NOA. I have received a running statement from 6/1/2006 to 6/1/2016 and a template DN both from Lowell solicitors.
            My interpretation of events is your s.78 CCA Request to Lowell Portfolio in April 2016 has not been complied with because Lowell Portfolio sent you nothing whatsoever in response.

            Lowell solicitors didn't send you a credit agreement in response to your LBA to them which you sent at the same time. They sent you statements etc but no credit agreement illegible or otherwise. So they can't say they (Lowell solicitors) complied with your s.78 CCA Request on behalf of Lowell Portfolio.

            In 2015 Lowell Portfolio sent you an illegible agreement in response to your complaint, not in response to a s.78 CCA Request because you hadn't made a s.78 CCA Request at that point (2015).

            The illegibe agreement which Lowell Portfolio sent to you in May 2015 (in response to a complaint) is the same as the illegible agreement you were sent by Capital One in 2012 (in response to a previous s.78 CCA Request you sent to Capital One).

            This suggests that the illegible agreement is the only document available in their (Capital One) archives. If Lowell do want to reconstitute a credit agreement (in the hope of complying with your s.78 CCA Request to them in April 2016) one wonders what they would base it on.

            If you send another s.78 CCA Request now you will only encourage them to try harder. At the moment they've not complied with your s.78 CCA Request from April 2016. Jolly good

            Di

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            • #21
              Re: Claim form from Lowell

              By George she's got it!

              Yes that is it exactly

              Thank you so much for your help

              Comment


              • #22
                Re: Claim form from Lowell

                Just thought I would upload this, it is the last communication I received from Lowell solicitors prior to the claim on Friday.

                I think it is scandalous that they can get away with it and then claim I have not responded to their LBA

                Lowell Solicitors.pdf

                I have every letter they sent me since early 2012 , all nicely filed and also backed up in google drive - numbered in date order

                Comment


                • #23
                  Re: Claim form from Lowell

                  Originally posted by warwick65 View Post
                  Sorry folks I am getting more confused by the minute

                  Jo - What would you like to see- what they sent me from the first CCA request back in 2012 , the copies they have sent me since ( with no CCA request) or all the documents they have sent since I responded to their LBA in April 2016?

                  If I scan anything they will only be even less legible than they actually are

                  I know everyone is trying to help and its appreciated
                  Hi Warwick

                  if you could scan the application form and the first page of the terms& conditions - removing any personal information. I am sure you are right about the illegibility that would be good

                  Comment


                  • #24
                    Re: Claim form from Lowell

                    Originally posted by warwick65 View Post
                    Just thought I would upload this, it is the last communication I received from Lowell solicitors prior to the claim on Friday.

                    I think it is scandalous that they can get away with it and then claim I have not responded to their LBA

                    [ATTACH=CONFIG]27762[/ATTACH]

                    I have every letter they sent me since early 2012 , all nicely filed and also backed up in google drive - numbered in date order
                    Nice try Lowells. For example PRA Group (UK) Limited used to try that one with me about the Deeds of Assignment . After several court hearings they had to provide the Deeds of Assignment. I see no reason why the Lowells assignments should not similarly be disclosed.

                    Comment


                    • #25
                      Re: Claim form from Lowell

                      I will post up the redacted agreement when im at my laptop.

                      Should i be asking, at this point, for the Deed of assignment and if so via 31.14 or part 18.

                      Reading some if the letters it seems that lowell have no idea when the account was actually defaulted.

                      Comment


                      • #26
                        Re: Claim form from Lowell

                        The last agreement sent, May 2015

                        Sorry had to break them down as the site wouldn't let me upload the one big file

                        1.pdf2.pdf3.pdf4.pdf

                        Comment


                        • #27
                          Re: Claim form from Lowell

                          Update

                          Knowing me I will have broken the system but
                          After logging into MCOL using my gov username and password the AOS form was there at the bottom page so I completed and submitted. I had also emailed a scanned copy with the same details over the weekend.

                          A couple of questions if thats ok
                          1) Do I need to send a copy of the AOS to Lowell
                          2) Do I ask for the notice or deed of assignment in the CPR 31.14 letter - The claim form says 'The agreement was later assigned to the claimant on 6/12/2012 and notice sent to the defendant'

                          I think I might have answered my own question at this point and need to ask for the notice of assignment
                          3) Regarding the SAR, stupidly , I now have two capital one credit cards, both with low limits and both branded differently to Capital One although the online account is Capital One
                          Does that alter the reasoning behind the SAR?
                          It would be no great loss if I were to lose both cards although I would prefer it if that didn't happen as they have been useful for online purchases etc.

                          Comment


                          • #28
                            Re: Claim form from Lowell

                            Originally posted by warwick65 View Post
                            I had also emailed a scanned copy with the same details over the weekend.
                            Email received

                            Di

                            Comment


                            • #29
                              Re: Claim form from Lowell

                              Hi again

                              Sorry I am being thick
                              I have done the AOS, do I need to send a copy to the claimants solicitors and if so will email do? I would send it from the email I have included on the AOS

                              Comment


                              • #30
                                Re: Claim form from Lowell

                                No, there's no need to send a copy to the Solicitors, the court do that.
                                #staysafestayhome

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

                                Received a Court Claim? Read >>>>> First Steps

                                Comment

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