Lowell threatening court action in 30 days

[Clarino12]

Hi

I have received a letter from Lowell stating they will be taking me to court in 30 days if I do not pay a credit card debt that My ex husband ran up around 6 years ago!

Account opened Nov 2008 with last payment being made on 18th January 2016.

The credit card was in my name but he assured me it had been paid.

I have sent Lowell solicitors a template letter I found on here >

“Without prejudice” offering an amount of 30% of the alleged debt, they have responded stating the full balance needs to be paid and settlement figures are no longer available at this stage. They go on to say that unless a response is received they will reinstate the pre action process.

please please can someone preferably Amythest advise?

I am at my wits end with everything at the moment

kind regards

andrea

[charitynjw]

Hi Andrea & welcome.

I'll give Amethyst a nudge for you.

The Lowell letter....did it contain a form to complete & return, income/expenditure form etc? (They usually do, but just checking).

[Clarino12]

thank you for your speedy response!
yes, the letter did include an income / expenditure form!

Regards
Andrea

[charitynjw]

Ok

That response form should be completed & returned within 30 days......I'd suggest to wait until towards the end of that period (allow min 2 working days for land mail). Keep a copy & get proof of posting.
Don't worry about the i&e form.
Complete the response form....I would tick box D for now. (Dispute the debt...you can easily change your mind later if necessary).
Then tick box I (Need more docs)
Ask for a true copy of the alleged agreement, all T&Cs relevant to the alleged agreement, any relevant Default notice & the relevant notice of assignment.

Also

Send a CCA s78 request + £1 payment to Lowells https://legalbeagles.info/library/gu...etter-example/

CPR 31.14 request to the solicitor https://legalbeagles.info/library/gu...-of-documents/

SAR to the *original creditor https://legalbeagles.info/library/gu...ccess-request/

Keep copies, get proof of posting.

*Who is.........?

[Clarino12]

Awwwwwwwwww, that sounds wayyyyyyy to complicated for my brain
or maybe it sounds wayyyyyy to complicated due to having some pink gins
and maybe it will seem less complicated in the morning!

Thank you CharityNJW for responding sooooo quickly on a weekend and for informing me of what I need to do!
Very much appreciated!

[charitynjw]

Awwwwwwwwww, that sounds wayyyyyyy to complicated for my brain
or maybe it sounds wayyyyyy to complicated due to having some pink gins
and maybe it will seem less complicated in the morning!

Thank you CharityNJW for responding sooooo quickly on a weekend and for informing me of what I need to do!
Very much appreciated!

No probs

This will protect your legal position (the CCA request in particular) & should get you all the info you need in order to decide whether to fight the potential claim, or if necessary, to negotiate with Lowell.

[Clarino12]

Fab!
Do I send the CPR and SAR at the same time as the CCA?regards Andrea

[charitynjw]

Yep!

It might pay to enclose a copy of the CCA request (no £1 payment) with the CPR 31.14 to the solicitors....keeps them in the loop.

[Clarino12]

Many thanks!
I plan to completed and send forms today!

CharityNJW - original creditor is Tesco!

[charitynjw]

Hi

I have received a letter from Lowell stating they will be taking me to court in 30 days if I do not pay a credit card debt that My ex husband ran up around 6 years ago!

Account opened Nov 2008 with last payment being made on 18th January 2016.

So not statute barred.

The credit card was in my name but he assured me it had been paid.

******See attachment

I have sent Lowell solicitors a template letter I found on here >

“Without prejudice” offering an amount of 30% of the alleged debt, they have responded stating the full balance needs to be paid and settlement figures are no longer available at this stage. They go on to say that unless a response is received they will reinstate the pre action process.

WP should make that inadmissible in court..
Doesn't matter either way too much, as not SB

Please please can someone preferably Amythest advise?

I am at my wits end with everything at the moment

kind regards

andrea

Once you've sent all those requests, etc (& hopefully get responses) you'll be in a better position to decide which way to go with this.

[Clarino12]

Hi

Asi am disputing the debt I have ticked box D - is there a specific reason I give at this stage?
Also, box i what do I say I need documents of?
help greatly appreciated!

Kind regards Andrea

[charitynjw]

Hi

Asi am disputing the debt I have ticked box D - is there a specific reason I give at this stage?
Also, box i what do I say I need documents of?
help greatly appreciated!

Kind regards Andrea

True copies of:
The alleged agreement
Any/all T&Cs which are relevant to the agreement
CCA s87 Default Notice
Notice of Termination
Notice of assignment
Full statement of account, including (but not limited to) all payments made to the account

[Clarino12]

Thank you
unfortunatley, have no documents at all as i last made a payment in 2016.
My soon to be ex husband assured me he would settle it as he ran up the debt!
Therefore, what reason do I list for disputing it?

kind regards
Andrea

[Clarino12]

Also, the debt is in my maiden name, do I use that name or my married name?

sorry to sound clueless - but I am!!

[charitynjw]

Also, the debt is in my maiden name, do I use that name or my married name?

sorry to sound clueless - but I am!!

Above post #12

That list is what you ask for (Box I return form)



What 'name' are they chasing?