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Lowell Solicitors ignoring my 'prove it' letter

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  • Lowell Solicitors ignoring my 'prove it' letter

    Hi,

    Firstly let me thank you for taking to time to read my post here.

    I have been receiving letters from Lowell Portfolio re a Credit Card debt for a while now. I don't acknowledge the debt and as such I just ignored their letters.

    Eventually I received a letter of claim from Lowell Solicitors giving me 30 days to prevent legal action.
    At this point I figured I should deal with this matter.

    I sent a 'prove it' to Lowell Solicitors via recorded delivery.

    I have since received a reply to my prove it letter stating
    'We note you have made reference to the Financial Conduct Authority's Consumer Credit sourcebook however; you have not provided any evidence as to what your dispute relates to.

    My prove it letter states clearly 'I would point out that I have no knowledge of any such debt being owed to <creditor>'

    What would be my recommended next steps here?
    I was about to raise a complaint to the Financial Conduct Authority, but decided to search the internet before I did so and came across this forum, so figured I would ask for advice first.

    I have uploaded copies of the 'prove it' letter I sent and the reply from Lowell Solicitors with any identifying information blacked out.

    Kind Regards!
    Tags: None

  • #2
    Hi & welcome to LB

    Advice via Debt Camel

    Always keep a copy & get proof of sending.

    I was about to raise a complaint to the Financial Conduct Authority
    It would seem that the Financial Ombudsman is the appropriate route.
    If you get a letter about a debt you don’t recognise or which is paid, use this "Prove It!" letter here to challenge the debt collector.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      You could also include a letter 'further to pre-action protocol', asking for a copy of the alleged credit card agreement, all relevant terms & conditions including any variations to same & all other relevant data which they hold re this matter.
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        hi

        I agree with CHARITYNJW , if you have received an official letter before action they should also enclose a set of forms for you to fill in one of these forms gives you the opportunity to request further information and documents that you are entitled to.

        what i would do is to return the appropriate form ( think it is section 3 or 4 ) requiring further information put in the form 'please see separate letters' then along with the form send an official CCA request for a copy of the agreement and also a request for a copy of the default notice, statement of account showing how the alleged sums have become due and also proof of assignment including a copy of the deed of assignment showing proof that lowell have full title of this account.

        Comment


        • #5
          Originally posted by chareosS View Post
          hi

          ...... and also proof of assignment including a copy of the deed of assignment showing proof that lowell have full title of this account.
          Hi ChareosS

          How do you get on with this request?
          They're virtually certain to knock you back on this (probably citing 'legal privilege' or somesuch nonsense.)
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            they will be very quick to write back stating that you have no right to see the deed etc etc, as they do not want you to see this. But i have raised this issue within the defense most recently with cabot / restons who said the same thing you aint getting it.

            a month later a copy of the deed arrives ! at the end of the day an a4 sheet of paper which says hey we own your debt pay up does NOT confer a benefit on the purchaser and does NOT prove title to the account.

            the difficulty is the judges who seem to accept anything, however the burden of proof is with the claimant and an A4 sheet of paper does not prove anything. Especially when the 'owner' of the account has NO paperwork whatsoever ? are they really the owner ? with no paperwork to prove it ?

            Comment


            • #7
              Originally posted by chareosS View Post
              they will be very quick to write back stating that you have no right to see the deed etc etc, as they do not want you to see this. But i have raised this issue within the defense most recently with cabot / restons who said the same thing you aint getting it.

              a month later a copy of the deed arrives ! at the end of the day an a4 sheet of paper which says hey we own your debt pay up does NOT confer a benefit on the purchaser and does NOT prove title to the account.

              the difficulty is the judges who seem to accept anything, however the burden of proof is with the claimant and an A4 sheet of paper does not prove anything. Especially when the 'owner' of the account has NO paperwork whatsoever ? are they really the owner ? with no paperwork to prove it ?
              Any help?


              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Also
                Letter to New Owners of Credit Agreement 1 - Download as Word Doc (.doc), PDF File (.pdf), Text File (.txt) or read online. L t n o o c a
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment

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