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Negotiating with Lowell

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  • #16
    Anything back from your SAR to the bank ?


    “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.

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    • #17
      Originally posted by Amethyst View Post
      Anything back from your SAR to the bank ?

      Amethyst Apologies late reply

      Without going into too much info, life has been very hectic over the last year or so (as I'm sure for many), and now I am not actually sure what happened with the SAR (there has been a house move since then amongst other things). I certainly haven't come across the paper work recently.

      I could send off for it again?

      or anything else you recommend in meantime? Bit concerned now as the last letter was likely over 30 days ago and while they didn't mention taking action if not responded to within 30 days on that letter (as they have in others), could it be the case they now try to take further action?

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      • #18
        Just wondering if any more advice available on this please.. anyone who can help it would be much appreciated.
        jaguarsuk Amethyst you guys have been really helpful so far thanks.

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        • #19
          Yes I'd chase up the SAR response from the bank - see how the amount has arisen and whether there have been excessive charges added before it defaulted and was sold over to Lowell.

          They are heading towards court now, they've taken your response as your reply under the pre-action protocols so are likely to issue a claim without further notice, although it has been two months since their letter - when did you move house and are they aware of your new address if it was recently ( since you sent the SAR from what you said above?)

          I don't know how much the debt is or if you're in a better position to make a settlement offer in full and final now?
          “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.

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

          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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          • #20
            Originally posted by Amethyst View Post
            Yes I'd chase up the SAR response from the bank - see how the amount has arisen and whether there have been excessive charges added before it defaulted and was sold over to Lowell.

            They are heading towards court now, they've taken your response as your reply under the pre-action protocols so are likely to issue a claim without further notice, although it has been two months since their letter - when did you move house and are they aware of your new address if it was recently ( since you sent the SAR from what you said above?)

            I don't know how much the debt is or if you're in a better position to make a settlement offer in full and final now?

            Amethyst Thanks - I've sent off for the SAR again - waiting for that back.

            In the meantime - I've received another letter from Lowell (to new address). It's exactly the same as a letter they've sent previously entitled 'Letter of Claim - 30 Days to Prevent legal Action' (see post 12). So they didn't issue a claim without further notice - assuming that is what would come next?

            I'm not in a position to pay the alleged debt in full but have previously offered a settlement at 30% which was not accepted.

            Unsure what to do from here??

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            • #21
              Does it contain a reply form/ie sheet etc ? ( ie. is it a formal letter before action )
              “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.

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

              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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              • #22
                Originally posted by Amethyst View Post
                Does it contain a reply form/ie sheet etc ? ( ie. is it a formal letter before action )
                Amethyst Yes it has a reply form and information sheet with it.
                Last edited by KRIS17; 19th July 2019, 17:13:PM.

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                • #23
                  Amethyst jaguarsuk Any thoughts? I have to respond v soon. Thanks in advance

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                  • #24
                    It's not clear if they have sent you a claim form or a letter before action.

                    If it's LBA with forms (see page 10 here https://www.justice.gov.uk/courts/pr...s/debt-pap.pdf) then tick box D and in I you want:

                    Copy of the agreement to open the bank account, copy of letter sent to agree overdraft facility by bank, copy of notice of default, copy of notices of assignment and full account history from all owners of the account including call logs.
                    HOW TO COMPLETE AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) FORM?

                    My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other outcomes.

                    I do not come on here in the evening, at weekends or on public holidays.

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                    • #25
                      Originally posted by jaguarsuk View Post
                      It's not clear if they have sent you a claim form or a letter before action.
                      If it's LBA with forms (see page 10 here https://www.justice.gov.uk/courts/pr...s/debt-pap.pdf) then tick box D and in I you want:
                      Copy of the agreement to open the bank account, copy of letter sent to agree overdraft facility by bank, copy of notice of default, copy of notices of assignment and full account history from all owners of the account including call logs.

                      jaguarsuk Hi I followed your advice and returned the form. I have now received the attached letter. As always I'll be grateful for any advice.



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                      • #26
                        Originally posted by KRIS17 View Post


                        jaguarsuk Hi I followed your advice and returned the form. I have now received the attached letter. As always I'll be grateful for any advice.


                        Are the notice of assignment they say they have provided just from them? Or is there one from the bank as well?
                        HOW TO COMPLETE AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) FORM?

                        My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other outcomes.

                        I do not come on here in the evening, at weekends or on public holidays.

                        Comment

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