Leter of Claim

[pio]

Please help,
I received leter of Claim from Overdales Solicitors, in advance receive information from the company Lowell with an order to pay the debt (£297.96). Two weeks ago I sent them a letter asking them to prove that the debt was mine. Today I received from them documents the loan agreement, I have never concluded such a contract in my name. Only my surname and first name match in the documents, the DOB is incorrect, the address is incorrect and it also has an email address. Please help me how to defend myself, thanks

[R0b]

Hi

If the loan documents they have supplied are incorrect and only the first name and surname (presumably because that's all they have) then you have the advantage. It could be that Lowell have produced the loan agreement themselves (which they might deny) and that could be why the information listed on there is incorrect. It could also be that there is no agreement that can be found hence Lowell trying to produce something to make you think it's enforceable.

At this stage you are not at liberty to tell them what information is incorrect as that could give them an opportunity to try and remedy the issue. From a tactics perspective, if I were in your shoes I would be inclined to respond back to them along the following lines:

1. Acknowledge receipt of the loan documents they have supplied.

2. Point out that the you never agreed to contract under the loan agreement they have supplied you but also the contents of the agreement are incorrect. Note how I refer to the 'contents' rather than specifically pointing out the errors.

3. Ask them to explain whether the agreement is a copy that originated from the original creditor or if this is a reconstituted version. If it is a reconstituted version, who compiled the agreement as this is something you will be questioning them on if the matter goes to court.

4. Based on the above, they have no evidence to prove that you entered into this agreement and are liable for the debt they claim to be owed. Therefore, you expect them to agree to close this matter. If they pursue it, you reserve the right to counterclaim for harassment as this loan is clearly something you never entered into.

There is no guarantee that they will listen to you and you should assume that they will issue legal proceedings. However the onus is on them to prove the loan agreement was something you agreed to and signed. Equally, if it has been reconstituted using information available, I can only presume this was done by the original creditor in which case there should be a witness statement from the person who compiled that agreement to explain how it was done and what was used.

It would be sensible at this stage to make a subject access request to the original creditor for all information they hold about you include any loan agreement and contractual documents. This will flush out whether or not the creditor has a copy of the original agreement and confirm whether Lowell are up to no good.

[pio]

Hi,
Thank you very much for your quick help.Today I raport a fraud on the website https://reporting.actionfraud.police.uk/ Thank you for the valuable information and I will implement it. And I will definitely write, maybe it will help someone in the same situation.

I realised that a company that in the past handled my Ltd company taxes is located neighboring with the address from the loan agreement. I suspect that a data leak has occurred and has resulted in my personal information being used for this fraudulent credit agreement and false claim from Overdales Solicitors.

Thank you