Lowell solicitors - urgent help needed

[JackN]

Hi, I would really like some advice about a matter that has been with me for many years now. I opened an account with Halifax with an overdraft back when I was a student in August, 2005 and Lowell solicitors are chasing me for the outstanding debt.

The debt is £2416.03. They have offered many discounts in the past to me but foolishly I have ignored. In June they sent me a letter saying that they write with the intention of issuing proceedings against me in the county court. I sent a cca request form with 1 pound enclosed and they have replied stating that This account relates to a former Halifax current account and therefore it is not regulated by the consumer credit act 1974.

The letter goes on to say that I should contact them with proposals towards the balance within the next 30 days from the date of the letter, dated 16th July. If no response is received within this time period, our client has instructed us to reinitiate the pre-action process which could eventually result in a claim form being issued to you with further costs added to the above balance.

I really do not know what to do about this. Can anyone please help me with some advice so that I can breathe properly again?

How would I go about this?

Any help would be much appreciated,

Thankyou.

[MIKE770]

current account overdrafts are not CCA1974 agreement - come under a letter of acceptance etc


have you received a pre-action = Letter of claim for which you have to fill in pages and return within 30 days??


give informatiuon = last payment date, any correspondence default date etc etc??

[MIKE770]

@ jaguarsuk

[jaguarsuk]

Tick Box D and then in Box I put that you want copies of:

Account Opening Application Form/Agreement
Any Overdraft Agreement/Acceptance Letter
Notice of Default
Notice of Assignment
Deed of Assignment.

Return those forms to them.

Send a Subject Access Request Letter to Halifax asking for copies of all of the above, plus history of account and any other information they hold of you.

[JackN]

Thanks for your replies. I really appreciate them. I have received a pre-action letter whereby I have to reply and tick boxes and send it off. I will do what JAGUARSUK has told me to do and when I get replies from both Lowell and Halifax, I'll let you know what they come back with.

Thanks ever so much for your help.

[JackN]

Hi, I have done what you told me to do and now Lowell have come back with all this information. They have sent me a copy of statement, default notice and notice of assignment as requested from the original creditor. They have suspended my account for 30 days in which I contact them to set an arrangement on my account.

I do not mind paying every month for this but is there any way in which I can lower the amount. Is there a way in which we can negotiate a sum to be paid?

Any help would be much appreciated,

Thanks

[MIKE770]

jaguarsuk

[jaguarsuk]

Have they sent the agreement yet?

[JackN]

Hi thanks for you reply. There has been no agreement sent. Just a letter with all the info requested coming back. The letter says that they have suspended activity on the account for 30 days from the date of the letter to allow time to contact them to set an arrangement on the account. If failure to contact them within time frame the client has instructed them to continue pre action process which could eventually result in a claim form being issued to me with further costs added to the balance.

Thanks for your help

[jaguarsuk]

If you asked for all the info in post #4 then Inwould wrote back to confirm with them that a statement isn’t a legal agreement between you and the original creditor.

Thay you you do not recognise the notices sent to you and ask them to substantiate they were served upon you on the dates stated.

And finally remind them they are yet to provide the requested Account Opening Application Form/Agreement or Any Overdraft Agreement/Acceptance Letter to show you entered into any legal agreement with the original creditor.

Until they do do all of this how can you properly assess your legal position and why would you wish to negotiate the settlement of an alleged debt you have already told them you do not recognise?

Suggest that filing a claim given all of this would be abuse of process and that t District Judge may take a dim view of that sort of behaviour with a view to CPR 27.14.

[JackN]

Thankyou for your reply, I will do as you tell me. Thanks again

[JackN]

I forgot to mention that the letter that came back from Lowell stated that there is no agreement because its an old Halifax account that is not covered by the consumer credit act. I have already sent the letter stating what you have told me to do.

Thanks

[jaguarsuk]

There’s no consumer credit agreement, but there must have been an account opening application with terms including about overdrafts otherwise how else are the terms of repayment of any such facility defined?

If they come back with the same tired excuse, put this forward to them.

[JackN]

Thankyou for your reply. Much appreciated.

[MIKE770]

letter of facility was what they use to send out regarding overdrafts and then Terms etc