Negotiating with Lowell

[Amethyst]

Anything back from your SAR to the bank ?

[KRIS17]

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?

[KRIS17]

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.

[Amethyst]

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?

[KRIS17]

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??

[Amethyst]

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

[KRIS17]

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.

[KRIS17]

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

[jaguarsuk]

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.

[KRIS17]

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.

[jaguarsuk]

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?

[KRIS17]

Are the notice of assignment they say they have provided just from them? Or is there one from the bank as well?

jaguarsuk There are two notice of assignment letters, both from either lowell portfolio or lowell financial. Nothing from the bank.

Otherwise, the letter contained bank statements and nothing else.

Thanks

[jaguarsuk]

jaguarsuk There are two notice of assignment letters, both from either lowell portfolio or lowell financial. Nothing from the bank.

Otherwise, the letter contained bank statements and nothing else.

Thanks

That's not good enough, they need to evidence assignment from the bank to them under the Law of Property Act 1925 s.136 which talks about the "assignor" not the "assignee."

[KRIS17]

That's not good enough, they need to evidence assignment from the bank to them under the Law of Property Act 1925 s.136 which talks about the "assignor" not the "assignee."

jaguarsuk I sent a letter requiring this, however in the meantime I have received a claim form. I'm starting a new thread "Lowell - County Court Claim Form" (not sure how to post link sorry), as I read instructions to start a new thread in relation to claim forms. Really appreciate any advice on the matter. Thanks.

[MIKE770]

stick to one thread only otherwise certain aspects can be missed