Urgent advice needed - Lowell 'Letter of Claim'

[Amethyst]

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

Now I would also, tomorrow/Monday send a SAR off to Halifax asking for particularly, transaction lists from the last year of the account, and copies of terms and conditions applicable to the account, and any lists of charges applicable.

Do you have any recollection of how the amount built up, how you stopped paying into the account etc ?
An idea what kind of account it was - were there terms on how much you paid in each month, had 2 direct debits etc ?

[KRIS17]

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


and Box I



asking for the bold bits.

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

Thank you [MENTION=6]Amethyst[/MENTION] , so when I tick box C it tells me to go to section 3, but box I is in section 4, do I just leave out section 3? (Which contains box G about getting debt advice).

If I send it tomorrow first class and it arrives on Monday instead of Saturday, will that potentially go against me given the 30 days after their dated letter falls on Sunday?

Also - as I have moved house shall I just put my new address on the reply form given the other mail doesn't get to me very quickly? (i know the occupants at the previous address who forward mail to me every so often).

Apologies if those are simple questions - I just want to make sure I get it right!

Appreciate your help

[Amethyst]

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

I would put a cover note with it detailing your change of address - if they do go on to go to court you don't want court papers going to your old address and missing a deadline due to a delay in receiving them.

Section 3 is for obtaining advice isn't it? It's a bit daft, the amount of work went into designing that form between the courts and creditors and you can't say you don't know if you owe the debt and ask for documents..... annoying. You can tick 3 and 4 if you like - I suppose if you don't know if you owe the debt, it's in dispute of a sort.

I reckon receipt on Monday will be fine - I doubt they deal with post on a Sunday ( too busy making irritating phone calls I expect )

[KRIS17]

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

Now I would also, tomorrow/Monday send a SAR off to Halifax asking for particularly, transaction lists from the last year of the account, and copies of terms and conditions applicable to the account, and any lists of charges applicable.

Do you have any recollection of how the amount built up, how you stopped paying into the account etc ?
An idea what kind of account it was - were there terms on how much you paid in each month, had 2 direct debits etc ?

Okay great I'll look into doing that as well then.

I know it sounds terrible but I really don't remember.. I think it was a normal current account, I have tried to sift through my previous emails to find more details but nothing so far, and I don't remember any online banking log on details. I don't remember having to pay any monthly fees to hold the account though and I don't think I had to pay a certain amount in each much but couldn't say for definite. I'm not 100% sure what you mean re direct debits, but I would have had some coming out of there. Sorry if that's not a great help! Again - really appreciate your help though!

- - - Updated - - -

I would put a cover note with it detailing your change of address - if they do go on to go to court you don't want court papers going to your old address and missing a deadline due to a delay in receiving them.

Section 3 is for obtaining advice isn't it? It's a bit daft, the amount of work went into designing that form between the courts and creditors and you can't say you don't know if you owe the debt and ask for documents..... annoying. You can tick 3 and 4 if you like - I suppose if you don't know if you owe the debt, it's in dispute of a sort.

I reckon receipt on Monday will be fine - I doubt they deal with post on a Sunday ( too busy making irritating phone calls I expect )

Sorry sending two replies at once.. ok will do that. Yes that's right, and yeah it is annoying!

Ok thanks, I just wasn't sure if they would use it against me that it arrived 31 days after their letter was sent out.

[Amethyst]

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

Okay great I'll look into doing that as well then.

I know it sounds terrible but I really don't remember.. I think it was a normal current account, I have tried to sift through my previous emails to find more details but nothing so far, and I don't remember any online banking log on details. I don't remember having to pay any monthly fees to hold the account though and I don't think I had to pay a certain amount in each much but couldn't say for definite. I'm not 100% sure what you mean re direct debits, but I would have had some coming out of there. Sorry if that's not a great help! Again - really appreciate your help though!

- - - Updated - - -



Sorry sending two replies at once.. ok will do that. Yes that's right, and yeah it is annoying!

Ok thanks, I just wasn't sure if they would use it against me that it arrived 31 days after their letter was sent out.

Lol it's okay I do the same constantly. I think if they did hold it against you you could argue it took X days to reach you so you did reply within 30.... though it is really already accounted for in the 30 days really. Anyway it should arrive Saturday if you send first class ( send special delivery if it is worrying you )


Don't worry about the actual account for the mo, get this sent off and chill - Monday we can have a look back at the actual debt and how to get yourself in a better position to deal with any court claim that wings your way after they do/don't send documents/info during the next 30 days. Oh yes, just to let you know we're disappearing on Sunday for a while ( software upgrade ) so HOPEFULLY we'll be back on Monday

[KRIS17]

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

Lol it's okay I do the same constantly. I think if they did hold it against you you could argue it took X days to reach you so you did reply within 30.... though it is really already accounted for in the 30 days really. Anyway it should arrive Saturday if you send first class ( send special delivery if it is worrying you )


Don't worry about the actual account for the mo, get this sent off and chill - Monday we can have a look back at the actual debt and how to get yourself in a better position to deal with any court claim that wings your way after they do/don't send documents/info during the next 30 days. Oh yes, just to let you know we're disappearing on Sunday for a while ( software upgrade ) so HOPEFULLY we'll be back on Monday

Okay thanks [MENTION=6]Amethyst[/MENTION]

One more quick question while I get this sorted and ready to post.. If I am sending the reply form and selecting boxes C & I, do I also need to send a formal request for copy of credit agreement with the £1 payment or is that not required in this case?

[Amethyst]

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

As an overdraft, no don't worry about that at the moment.

[KRIS17]

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

Thanks again [MENTION=6]Amethyst[/MENTION] much appreciated.

I've sent the reply form via special delivery, the woman in the post office though told me if no one is there tomorrow it may not be delivered until Monday.

Given the deadline is Sunday, is it worth me sending an email copy of the reply form and cover sheet to an email address I have found for their office? I don't really want to get into email communication with them, but I thought maybe for the sake of not missing the deadline it may be worthwhile?

[Diana M]

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



If I am sending the reply form and selecting boxes C & I, do I also need to send a formal request for copy of credit agreement with the £1 payment or is that not required in this case?

If this was an authorised overdraft which was renewed for a specific time (12 months) after 2012 then it may be covered by section 78 Consumer Credit Act so you can send them a formal CCA Request.

That letter says it wasn't assigned until 2015 so when do you think the account was terminated following a Formal Demand calling in the overdraft (if one was issued)?

I would favour Box D (dispute the debt) which allows you to continue to Section 4 where you can complete Box I requesting several documents.

Or did you tick Box C to say you'd be seeking debt advice?

Di

[KRIS17]

Hello again,

Thanks to everyone for the previous advice, really appreciated.

Diana M appreciate your help too, unfortunately I had already sent the letter by then as the deadline was 21st - I had ticked box C, stating I don't know whether I owe the debt, and then box I. I haven't sent a formal CCA request as I'm not really sure whether the overdraft was renewed for a specific time, or how I would find that out? And I'm not too sure when the account was terminated, I could look into it but I think I had buried my head in the sand about it and now I'm not really sure!

Update - I have received a letter from Lowell Solicitors dated 25/02/2018 (their original deadline for me to respond was 21st Jan, my letter to them was dated 19th Jan)

The letter states the following:

Account Update

Further to our previous correspondence, our Client is compiling a response to the points you raised in your Pre Action Protocol Reply Form.

Your case is still on hold and we will provide you with an update in due course.

My question is - am I right in thinking they had to supply me with the follow up information as required in my reply form within 30 days of their receipt of it? Where do I stand with this? Or do I just wait for the next letter?

Thanks in advance!

[Amethyst]

Just a case of waiting

Did you send a SAR to Halifax btw?

If not I'd get that done so you have more info for when/if they do come back to you - Subject Access Request Letter

[KRIS17]

I'm back!!

Amethyst I did send a SAR to Halifax, they recently got back to me requesting £10, so I am in the process of getting that sorted. Let me know though if based on the below you believe I still need to do this.

I have in the meantime also heard back from Lowell Solicitors.

I'm not sure what to make of it, so appreciate any help at all on this!

Their cover letter states the following:

"We write with reference to the above account.

Please find enclosed a copy of the statements and notice of assignment as requested from the original creditor Lloyds Banking group PLC. As this is in relation to the current account the original creditor is not obliged to provide you with a copy of the agreement or default notice as this is not regulated by the Consumer Credit Act 1974.

We have suspended activity on the account for 30 days from the date of this letter to allow you time to contact us with your intentions to towards the above balance.

If no response is received a County Court Claim form may be issued incurring costs. If you do not respond to the Claim we may apply for a County Court judgement (CCJ) which could impact any future credit applications, mortgages or even some employment while it remains unsatisfied on your credit file.

If you wish to speak with a member of our team, please telephone......."

Alongside the cover letter, they have included their original letter notifying Lowell Portfolio I Ltd taking over the rights title and interest in respect of the account. This letter was dated July 2015.

Statements of the account are also included dated from 2011 - 2014.

I've no idea where to go with this next or what my next steps are. Any advice appreciated.

It might be worth noting that while I have 30 days to respond according to their letter, I will be unable to respond during the last 7 days of this period as I will be away so I need to do something beforehand if I can.

Thanks,
K

[KRIS17]

Just a little bump! Still trying to figure out what to do

[Amethyst]

Are the statements correct ? We're there any issues with the overdraft which led to you leaving the bank ? Excess charges / ppi / cpp insurances etc ?

[KRIS17]

Are the statements correct ? We're there any issues with the overdraft which led to you leaving the bank ? Excess charges / ppi / cpp insurances etc ?

To be honest, it's so long ago, that I'm struggling to know what could be correct or incorrect... I'd assume they were correct but I could be missing something major.

I can't see any PPI charges, but I do see quite a few charges for the overdraft.

Where do I stand? :/