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Received Claim Letter from Lowell

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  • #31
    Re: Received Claim Letter from Lowell

    I thought CCAs weren't applicable to overdrafts? So no I didn't send it. Is it not too late as my defence needs to be submitted tomorrow?

    Comment

    • #32
      Re: Received Claim Letter from Lowell

      As already clarified
      No S78 request has been sent so 8 needs to be removed

      Just remember to re number the paragraphs

      Comment

      • #33
        Re: Received Claim Letter from Lowell

        Originally posted by ElliD View Post
        I thought CCAs weren't applicable to overdrafts? So no I didn't send it. Is it not too late as my defence needs to be submitted tomorrow?
        Originally posted by Noah View Post
        As already clarified
        No S78 request has been sent so 8 needs to be removed

        Just remember to re number the paragraphs
        Was the overdraft authorised or non-authorised?
        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

        • #34
          Re: Received Claim Letter from Lowell

          It was authorised.

          I'm worried now, did I miss a step in the process?
          • 1 thank

          Comment

          • #35
            Re: Received Claim Letter from Lowell

            Sorry guys, i am quite useless at this, and thanks for all the help so far!!
            • 1 thank

            Comment

            • #36
              Re: Received Claim Letter from Lowell

              IMHO

              An authorised overdraft is capable of being a CCA-regulated agreement, & so a s77 CCA request should be valid.

              FCA CONC 13
              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
              • 1 thank

              Comment

              • #37
                Re: Received Claim Letter from Lowell

                Originally posted by charitynjw View Post
                IMHO

                An authorised overdraft is capable of being a CCA-regulated agreement, & so a s77 CCA request should be valid.

                FCA CONC 13
                Thanks Charity, If the CCA 1974 is mentioned in the POC then there is no question that the CCA request needs to be made.

                nem
                • 1 thank

                Comment

                • #38
                  Re: Received Claim Letter from Lowell

                  Sorry guys, i get it now!! Still getting used to the terms etc. So to recap:

                  I will send the CCA request as per templates i found here. Do i amend point 8 of my defence to reflect this?

                  Comment

                  • #39
                    Re: Received Claim Letter from Lowell

                    It would appear that you have not yet sent a s77 request?
                    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

                    • #40
                      Re: Received Claim Letter from Lowell

                      Originally posted by ElliD View Post
                      Sorry guys, i get it now!! Still getting used to the terms etc. So to recap:

                      I will send the CCA request as per templates i found here. Do i amend point 8 of my defence to reflect this?

                      Yes amend to state CCA request sent, but you can't state the non compliance part, which can be addressed later in the court process.

                      nem

                      - - - Updated - - -

                      Originally posted by charitynjw View Post
                      It would appear that you have not yet sent a s77 request?
                      No CCA request sent at all.

                      nem
                      • 1 thank

                      Comment

                      • #41
                        Re: Received Claim Letter from Lowell

                        Thank you guys, i didnt send the CCA as i read here it wasn't valid for overdrafts. Will do first thing in the morning as am still at work. I would like to thank everyone for the help so far, i have been stressed about this so much!
                        • 1 thank

                        Comment

                        • #42
                          Re: Received Claim Letter from Lowell

                          Originally posted by ElliD View Post
                          Thank you guys, i didnt send the CCA as i read here it wasn't valid for overdrafts. Will do first thing in the morning as am still at work. I would like to thank everyone for the help so far, i have been stressed about this so much!
                          Happy to help ElliD please let us know the results.

                          Comment

                          • #43
                            Re: Received Claim Letter from Lowell

                            Sounds like a plan
                            Send the CCA off first thing
                            Include the fact that a CCA request was sent

                            Comment

                            • #44
                              Re: Received Claim Letter from Lowell

                              Just a quick question: The CCa and the postal order, do i send it to the Lowell Solicitors, or Lowell Portfolio (debt agency) ? I know they are both the same but i want to make sure i do this right

                              Comment

                              • #45
                                Re: Received Claim Letter from Lowell

                                Originally posted by ElliD View Post
                                Just a quick question: The CCa and the postal order, do i send it to the Lowell Solicitors, or Lowell Portfolio (debt agency) ? I know they are both the same but i want to make sure i do this right
                                Lowell Portfolio is a debt purchaser and the owner of the debt so CCA to them addressed to Andrew Bartle Chief Operating Officer, make sure the PO is marked " For Statutory Fee Only"

                                Send to Ellington House
                                9 Savannah Way
                                Leeds Valley Park
                                Leeds
                                LS10 1 AH

                                nem

                                Comment

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                                SHORTCUTS


                                First Steps
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