Lowell solicitors letter saying Lowell portfolio 1 Ltd intention to take me to court

[Diana M]

Re: Lowell solicitors letter saying Lowell portfolio 1 Ltd intention to take me to co

Do I still have to act on this letter ?

Yes, because if you don’t respond by the time the 30 days have expired they can (and probably will) issue a claim.

What is the date on their letter?

Di

[Aj2125]

Re: Lowell solicitors letter saying Lowell portfolio 1 Ltd intention to take me to co

The date of the letter is 26/10/17. When filling in the reply form to send back to Lowell would I be ok just printing my name and not signing as I read they can do things like lift my signature? Thanks

- - - Updated - - -
[MENTION=98117]warwick65[/MENTION] do i request as much info as possible off Lowell on the reply form they sent me to try and delay them a bit. If so what do i request thank you

[Diana M]

Re: Lowell solicitors letter saying Lowell portfolio 1 Ltd intention to take me to co

The date of the letter is 26/10/17. When filling in the reply form to send back to Lowell would I be ok just printing my name and not signing as I read they can do things like lift my signature?

You have 30 days from the 26th October to reply.

The Letter Before Claim is not a court document.

It's supposed to be an opportunity for both the debt owner and debtor to engage, perhaps for the first time, in order to deal with matters in case legal proceedings can be avoided. At least that's the theory.

It will hopefully stop, or delay, debt owners issuing bulk claims at the click of a mouse without having the documents in their possession which they should have to prove their case.

It's the chance for the debtor to ask them to reveal their hand, but you don't necessarily have to reveal yours at this stage (it depends what cards you're holding).

Once they receive your request for documents then they should send them to you.

Once they do that you have a further 30 days to consider them.

The process is spelt out in Plain English on @Debt Camel 's website here > https://debtcamel.co.uk/letter-before-claim-ccj/

There is anecdotal evidence of signatures being lifted by some unscrupulous businesses but since this isn't a court document you could sign it as normal but tweak your signature with maybe a line through it or a dot inside an 'O' etc.

In your situation I would suggest that you find out whether the debt is Statute Barred discretely (from your SAR response) before you raise that particular issue with Lowells.

A SAR is between you and the original creditor and has no impact of the SB date. The debt owner may not have access to the same information as you.

Di

[warwick65]

Re: Lowell solicitors letter saying Lowell portfolio 1 Ltd intention to take me to co

As promised, here is the type of SAR I have used in the past

Dear Sir/Madam


DATA PROTECTION ACT 1998 - SUBJECT ACCESS REQUEST
ACCOUNT /REF NUMBER XXXXXXXX


Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time
Please note that I require disclosure of any personal data you hold on me for the entire period of my dealings with you.

This Subject Access Request includes - but is not limited to any data you hold about me in respect of any matter and held in any form including; statements, notes, screen notes, recordings, internal correspondence and external correspondence. Please note that this Subject Access Request is not limited to the account/reference number mentioned above but that number has been provided purely as a starting reference for you. If the data uses any acronyms or other internal abbreviations, please provide a list of their meaning and if they refer to documents, copies of those documents.

For the avoidance of doubt, and as stated above, this Subject Access Request requires disclosure of ALL personal data which you hold on me for the entire period of my dealings with you

I enclose the statutory maximum fee of £10. You have 40 calendar days in which to comply.


If I do not hear from you then I will assume that this Statutory Request is satisfactory and that the 40 day timescale has started.

Yours faithfully,

It really is a bugger when they send a list with abbreviations that are almost impossible to decipher or refer to letter A3 which of course means little to anyone.

[Aj2125]

Re: Lowell solicitors letter saying Lowell portfolio 1 Ltd intention to take me to co

Thanks again everyone I will post the reply form to Lowell and SAR to shop direct on Monday i will let you know how i get on thank you

[Aj2125]

Re: Lowell solicitors letter saying Lowell portfolio 1 Ltd intention to take me to co

[MENTION=98117]warwick65[/MENTION] how do i pay the £10 charge for the SAR would it be postal order enclosed with the letter ?

[warwick65]

Re: Lowell solicitors letter saying Lowell portfolio 1 Ltd intention to take me to co

Yes or a cheque if you have a cheque book. Enclose it with the letter, maybe reference the number in the SAR in case they get separated.