Lowell’s letter of intent

[hawaiiqueen]

Hi I have received a letter of intent from Lowell’s solicitors I don’t despute the debt but I do despute the amount,, it was for a washer from very, and with all the added charges I feel like I have well and truly paid for this washing machine so foolishly I got very annoyed and ignored and failed to make any more payments,, the amount is for £185.

What I would like to know is, they say if I want to request the credit agreement I can do so by filling the form they have sent,, however do they mean the agreement Lowell’s had when they assigned it from very,, or the original credit agreement between myself and very,, which what I want to request from them,,
Also this not an old debt Lowell’s only got it feb 2017;; and the original agreement between myself and very was less than 12 month old so do you think Lowell’s will have my original credit agreement.

Hope you can figure out what I’m trying to ask,,
Thank you you do a great job on here..
michelle.

[warwick65]

Re: Lowell’s letter of intent

Hi Michelle

I take it that you have received a letter before action that includes a form with 4 boxes on, A,B,C,D. One of them being I do not know if I owe the debt or not.

It is possible that Lowell will have the credit agreement but this is what I think you need to do

1) Send a CCA request to Lowell with the £1 fee asking for the credit agreement
http://legalbeagles.info/library/gui...etter-example/

2) Respond to Lowell solicitors asking for the agreement, the default notice and the Deed of assignment . Make sure you tick either the I do not owe the debt or I do not know if I owe the debt . There is no need to fill in the income and expenditure form

It does seem very quick for the debt to be sold and for them to be threatening court action

[hawaiiqueen]

Re: Lowell’s letter of intent

Hi
yes it is a letter before action and thank you for your very quick response,, ok I will tick the boxes you have suggested,, wasn’t sure if I could request Cca within not being a court claim,, however fingers crossed they might just not have the agreement
Thank you.

[warwick65]

Re: Lowell’s letter of intent

Yes you can make a CCA request for any consumer credit regulated agreement at any time, even if you send one you could send another after a month

[hawaiiqueen]

Re: Lowell’s letter of intent

Yes you can make a CCA request for any consumer credit regulated agreement at any time, even if you send one you could send another after a month

Ok hi again,,
its been a while; I ticked the boxes on letter of intent, saying I do not owe the debt,, with a foot note offering partial,payment,, as felt I had already paid enough in charges,, also a request for agreement, however I have had 2 letters back stating the account is on hold while VERY,,are compiling my request,, the last letter was dated 18 th March..
Yesterday I received court claim from Lowell’s for £200.
I am going to acknowledge on line with a defence, and send a cca request,, but do I need to send the cpr letter.. also do fill in the court form and send it to the court straight away.

thank you so much
hawaiiqueen

[MIKE770]

What:- its been a while; I ticked the boxes on letter of intent, saying I do not owe the debt,, with a foot note offering partial,payment,, as felt I had already paid enough in charges, you have admitted most so they have got you! you have admitted, why dud you not come back here 1st??? see what others say before do anything else

[hawaiiqueen]

What:- its been a while; I ticked the boxes on letter of intent, saying I do not owe the debt,, with a foot note offering partial,payment,, as felt I had already paid enough in charges, you have admitted most so they have got you! you have admitted, why dud you not come back here 1st??? see what others say before do anything else

Thank you for your reply, see what you mean,, do you think it best just to to pay it, I put in the note a relative would pay half for me,, I also ticked I wasn’t sure if I owed the debt.mmm got me thinking now...but they didn’t come up with agreement,, just said account on hold,, so it’s been on hold since January.. then heard nothing until this claim yesterday.

thanks again ..

[MIKE770]

wait for further advice on here

[Diana M]

I ticked the boxes on letter of intent, saying I do not owe the debt,, with a foot note offering partial,payment,, as felt I had already paid enough in charges,, also a request for agreement, however I have had 2 letters back stating the account is on hold while VERY,,are compiling my request,, the last letter was dated 18 th March..
Yesterday I received court claim from Lowell’s for £200.
I am going to acknowledge on line with a defence, and send a cca request,, but do I need to send the cpr letter.. also do fill in the court form and send it to the court straight away.

Don't worry you have time to deal with this.

I can see you were advised to send a formal s 77-79 CCA Request in post #2 but did you do that or did you simply ask for the agreement in response to the 'Letter Before Claim' which you received?

If you didn't send a formal request together with the £1 statutory fee then do that tomorrow because it may protect your legal positon if they don't/can't comply within the statutory time frame.

You should also send a CPR 31.14 Request to Lowells solicitors asking for any documents mentioned in the Particulars of Claim such as the Default Notice etc.

If you have any questions about the process then post on your thread.

You have 19 days from the claim Issue Date (top right on the first page of the claim form) to file your Acknowledge of Service stating you intend to defend all of the claim.

You have 33 days from the claim Issue Date to file your Defence.

There are people on this forum who can help you with each step.

Once you file your Defence you should be given the opportunity to attempt free telephone Mediation where you can settle this without getting a CCJ albeit the settlement is legally binding.

Di

[hawaiiqueen]

Don't worry you have time to deal with this.

I can see you were advised to send a formal s 77-79 CCA Request in post #2 but did you do that or did you simply ask for the agreement in response to the 'Letter Before Claim' which you received?

If you didn't send a formal request together with the £1 statutory fee then do that tomorrow because it may protect your legal positon if they don't/can't comply within the statutory time frame.

You should also send a CPR 31.14 Request to Lowells solicitors asking for any documents mentioned in the Particulars of Claim such as the Default Notice etc.

If you have any questions about the process then post on your thread.

You have 19 days from the claim Issue Date (top right on the first page of the claim form) to file your Acknowledge of Service stating you intend to defend all of the claim.

You have 33 days from the claim Issue Date to file your Defence.

There are people on this forum who can help you with each step.

Once you file your Defence you should be given the opportunity to attempt free telephone Mediation where you can settle this without getting a CCJ albeit the settlement is legally binding.

Di

Hi thank you for reply,,
i didn’t send the £1 fee for cca request, I just ticked the box asking for the agreement details on the letter of intent form, so I will send cca tomorrow with £1 postal,order,will,that be made payable to Lowell’s or Lowell’s solicitors,, also what about the court forms do I send the defence part to the court
sorry to be a bother
cheers

[MIKE770]

lowells themselves, send copy no payment to the solicitors recorded delivery

[MIKE770]

lowells themselves with £1.00 postal order, (send copy no payment) to the solicitors recorded delivery

keep copy on file.

[hawaiiqueen]

keep copy on file.

May I say thank you,, don’t know what we all would do without this help...
anyway,, i have sent my cca and cpr31.4 request, waiting for response,, my problem now is, I done my intent on defence on claim form but has been returned because they say it not completely filled in on section 3.. I put I was requesting proof of debt in the box,, but seems it’s not enough,, any suggestions I think this my only form of defence.

phew I am dizzy but thanks again.

[Diana M]

my problem now is, I done my intent on defence on claim form but has been returned because they say it not completely filled in on section 3.. I put I was requesting proof of debt in the box,, but seems it’s not enough,, any suggestions I think this my only form of defence.

Might you have put something in the Defence box by mistake when you only meant to file your Acknowledgment of Service saying you intend to defend all of the claim?

If so, it's not the end of the world if the court have returned it to you because that means it hasn't been served on the other party so you ought to be able to amend it etc without permission from the court.

Di

[hawaiiqueen]

Might you have put something in the Defence box by mistake when you meant to file your Acknowledgment of Service saying you intend to defend all of the claim?

If so, it's not the end of the world if the court have returned it to you because that means it hasn't been served on the other party so you ought to be able to amend it etc without permission from the court.

Di

No I just put in the box, requesting proof of debt,, as the reason for defence,, I got the impression they want me put a bit more detail,, so confused,,
i am also having to submit the form by attachment to the ccbca, and it’s them who have returned it.
Regards