Urgent advice needed - Lowell 'Letter of Claim'

**Kati** · 18th January 2018, 11:20:AM

Re: Urgent advice needed - Lowell 'Letter of Claim'

I'd suggest sending off a cca request - http://legalbeagles.info/library/gui...etter-example/ . It would help if you could post up pics of the letter you received (all pages) redacting any personal info first ... if you have trouble doing this, I can redact and post them up for you as long as you email them to me (see my signature)

I'll tag [MENTION=55034]nemesis45[/MENTION] for you to help

K xx

**KRIS17** · 18th January 2018, 11:26:AM

Re: Urgent advice needed - Lowell 'Letter of Claim'

Thanks Kati I will look at the link you added now - when redacting should I take out info such as the original company name, the balance, and the statement of account, or only my personal info such as name, address and original account number?

Thanks x

**Debt Camel** · 18th January 2018, 11:30:AM

Re: Urgent advice needed - Lowell 'Letter of Claim'

My general thoughts on how to reply to these https://debtcamel.co.uk/letter-before-claim-ccj/

You haven't said much about what sort of this debt is, whether you think the amount is correct, whether you think the last payment date is correct, etc so it's hard to say anything more except it doesn't sound like it can be statute barred.

**Kati** · 18th January 2018, 11:34:AM

Re: Urgent advice needed - Lowell 'Letter of Claim'

Originally posted by KRIS17 View Post

Thanks Kati I will look at the link you added now - when redacting should I take out info such as the original company name, the balance, and the statement of account, or only my personal info such as name, address and original account number?

Thanks x

your name/address and any reference and account numbers need removing (the creditor's name/balance etc... are ok to leave)

**KRIS17** · 18th January 2018, 11:54:AM

Re: Urgent advice needed - Lowell 'Letter of Claim'

Debt Camel.. my apologies, I wasn't sure how much info I could / should post. It is for an overdraft, I am unsure whether the last payment date is correct, I feel it could be prior to that date but I don't know for definite at this stage.

Below are two pages of the letter of claim sent through. The other pages are the information sheet, the reply form, and the financial statement. Let me know if you need those too.

Thanks

**nemesis45** · 18th January 2018, 11:56:AM

Re: Urgent advice needed - Lowell 'Letter of Claim'

Originally posted by KRIS17 View Post

Hi all

I really need your help with an urgent matter!

Lowell Solicitors have sent me a 'Letter of Claim' advising of their intention to issue proceedings agains me in the county court for failing to repay an outstanding sum for an alleged debt.

It states:

"The letter is being sent to you in accordance with the Practice Direction on Pre-Action Conduct and Protocols (the Pre-Action PD) contained in the Civil Procedure Rules (CPR). In particular, we refer you to paragraphs 13 to 16 of the Pre-Action PD concerning the court's powers to impose sanctions for failing to comply with its provisions. Ignoring this letter may lead to our Client commencing proceedings against you and may increase your liability for costs."

It goes on to detail the date I had entered an agreement, and the date I allegedly failed to make a payment (can provide these to the forum if need be although I wasn't sure how much detail I could post - last payment is stated to be approx 3 years ago).

It says "notice of the assignment has previously been given to you, and you may request a copy of the agreement on the enclosed reply form".

The letter also contained an information sheet, reply form, and financial statement form.

It states I am required to make payment of the sum outstanding within the next 30 days.

The issue I have :

- The letter is dated 22nd December, however as I have moved address this has only just been forwarded on to me, so the 30 day deadline falls on Sunday 21st Jan (3 days away....)

If I am to send any form of response, I imagine I would need to do so today or tomorrow by special / next day delivery in order for them to receive it by the weekend.

I'd really appreciate any advice you can give, if you need any more info from me let me know.

Many thanks in advance
KRIS17

Hi Kris,

First follow the links [MENTION=49370]Kati[/MENTION] has posted for you.
Which of the Lowell companies is Lowell " solicitors " acting for e.g. Lowell Financial. Lowell Portfolio?
Please post copies of what you have received after removing personal data. Any probs with this I'm sure [MENTION=49370]Kati[/MENTION] will assist.

Have to be out for a while but will look in later.

nem

**KRIS17** · 18th January 2018, 11:58:AM

Re: Urgent advice needed - Lowell 'Letter of Claim'

[IMG]Screen Shot 2018-01-18 at 11.46.16[/IMG]

[IMG]Screen Shot 2018-01-18 at 11.44.05[/IMG]

Edit- Appear to be aving issues posting the images of the redacted letters, let me know if you recommend a better way!

**KRIS17** · 18th January 2018, 12:01:PM

Re: Urgent advice needed - Lowell 'Letter of Claim'

Thanks nem - it is 'Lowell Portfolio I Ltd'

Have tried to add the photos but no luck - will continue to try.

Thanks
Kris

**Kati** · 18th January 2018, 12:05:PM

Re: Urgent advice needed - Lowell 'Letter of Claim'

Originally posted by KRIS17 View Post

Thanks nem - it is 'Lowell Portfolio I Ltd'

Have tried to add the photos but no luck - will continue to try.

Thanks
Kris

email them to me ... I'll pop them up xx

**KRIS17** · 18th January 2018, 12:10:PM

Re: Urgent advice needed - Lowell 'Letter of Claim'

Originally posted by Kati View Post

email them to me ... I'll pop them up xx

Thanks, done xx

**Kati** · 18th January 2018, 12:13:PM

Re: Urgent advice needed - Lowell 'Letter of Claim'

got them xx

Attached Files

**KRIS17** · 18th January 2018, 12:37:PM

Re: Urgent advice needed - Lowell 'Letter of Claim'

Thanks [MENTION=49370]Kati[/MENTION] x

If you or anyone else here can advise what my next steps should be based on what I have received, I will be SUPER grateful!

**KRIS17** · 18th January 2018, 17:15:PM

Re: Urgent advice needed - Lowell 'Letter of Claim'

**Bump as I need to get this sorted tonight / early tomorrow if possible**

Thank you all in advance

**Amethyst** · 18th January 2018, 17:23:PM

Re: Urgent advice needed - Lowell 'Letter of Claim'

Hi there, Get your reply off tomorrow to them first class and it should arrive on Saturday or Monday.

The debt is from an overdraft on a current account I believe so few bits to have a look at, but get the form sent back for now to buy some time.

Soooooooooo I'd tick Box C on the reply

BOX C
I don’t know whether I owe the debt.
Tick this box if you’re not sure whether you owe the debt and/or you need help from a debt adviser to work out whether you should pay.
NOW GO TO SECTION 3.

and Box I

BOX I
I need more documents or information.
Tick this box if you need more information, such as copies of documents you don’t currently have.
I need a copy of ……………………………………………………………………………. …………………………………………………………………………………………………. …………………………………………………………………………………………………
Additional documents or information that you might need could include:
-A copy of the written contract for the debt
- A full statement of account, including details of all interest and charges included on the outstanding balance of the debt, explaining how they have been calculated, and any payments already made toward the debt
-A calculation of the interest claimed
- The annual or daily rate of interest
- A description of the nature and amount of any administrative charges included in the debt
- A copy of the notice of assignment of the debt
- A copy of the Default notice for the Debt

asking for the bold bits.

Don't fill in the Financial Statement. Just send that form back to them and keep a copy.

Urgent advice needed - Lowell 'Letter of Claim'