BW Legal / Lowells letter of claim

[Char58]

Hi, please can I get some advice and help on this.

I've recieved two letters in one envelope today.
1: Lowells saying I've failed to make arrangements on my account and have now sent it to bw legal who are one of their approved litigation agencies.
They will contact me regarding payment of outstanding balance

2: Letter of claim
Our client: Lowell
Original creditor: home retail group card services
Balance: £2,800
Account number: xxxxxxxxxxxxxx

We have been instructed to by Lowell to commence legal action and issue a claim against you in the county court

If a response is not recieved by 10/9 we will issue a claim against you

.... Sets out the original debt, interest, court fees and solicitors costs to a total £3230

What do I do

Thanks

[charitynjw]

Re: BW Legal / Lowells letter of claim

Hi Char58 & welcome to LB

What do I do

How old is the alleged debt & when was the last time that you paid into the account or acknowledged it in writing?
Did you receive a Default Notice?
Have you had a Notice of Assignment re Lowells buying the alleged debt?

[Char58]

Re: BW Legal / Lowells letter of claim

Hi charitynjw thanks for the welcome

I've had a few letters off Lowells in the past but just stupidly, binned them.

I think I made a payment about 3/4 years ago to them as they phoned me and being on my own with my son they scared me with the legal jargon

I can't remember tho honestly when I took out the card with them sorry

[Anthony72]

Re: BW Legal / Lowells letter of claim

I believe that you should always respond to a letter of claim asking for the documents they are going to rely on . I do not know how to word it , very sorry

You should be asking for a copy of the agreement , a copy of the default notice, a copy of the nottice of assignment, a statement of account.

You also need to send a CCA request off to Lowells asap

It might slow things down
[MENTION=87380]Diana M[/MENTION] [MENTION=5553]charitynjw[/MENTION] might be able to help

[Diana M]

Re: BW Legal / Lowells letter of claim

as they phoned me and being on my own with my son they scared me with the legal jargon

I can't remember tho honestly when I took out the card with them

Debt purchasers use legal jargon to scare you on purpose. Most of the time it works.

It would be unusual for Lowell/BW Legal to walk away from this situation so a non response is probably not a good idea if the debt is not statute barred (which from what you say is not the case).

I agree with Anthony72 you should send a CCA Request to Lowells asap with a copy to BW Legal so they know that too.

Did you ever have an Argos card?

Di

[Char58]

Re: BW Legal / Lowells letter of claim

Yea it was an Argos card that I had is this a problem?

What's a cca and what does this do

Thanks

[charitynjw]

Re: BW Legal / Lowells letter of claim

http://legalbeagles.info/forums/show...y-of-Agreement

You will need to send it to Lowells (not BW), enclose £1 payment (PO?), get proof of posting & keep a copy for reference.

[Char58]

Re: BW Legal / Lowells letter of claim

Thank you, I have sent the CCA with details filled in as below.


Please can any one help me with the address for Lowells I put in the creditor bit They have 2
Northampton pobox 1411
or the leeds Ellington House address



Thank you
Your name
Your address
Your address
Your Postcode

DATE

Creditor Name
Creditor Address
Creditor Address
Creditor Postcode



Dear Sir/Madam

Re:− Account Number xxxxxxxxxxxxxxxxxx

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a legible copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We look forward to hearing from you.

Yours faithfully




NAME

[MIKE770]

Re: BW Legal / Lowells letter of claim

Ellington House Recorded Delivery

[Char58]

Re: BW Legal / Lowells letter of claim

Thank you Mike

[Char58]

Re: BW Legal / Lowells letter of claim

Hi, last week I went to the post office and sent off £1 Postal Order and the cca request. This needed to be actioned by the 10th (this is what THEY) put in the letter OR they will take further action in the form of a CCJ.

Anyway, nothing back off them as yet, then today a nice thick brown envelope come to my door. A County Court Claim form!!!!! What the hell, is this right? They have not sent me what I requested and have gone for the ccj.

Please help me of my next actions to this as this is not right. They have totally ignored my letter to them

[Anthony72]

Re: BW Legal / Lowells letter of claim

[MENTION=87380]Diana M[/MENTION] [MENTION=49370]Kati[/MENTION]

You need to acknowledge the claim and then send a cpr 31.14 request , these will be in the green box at the top of the thread if kati is able to move the thread.


If not , the green box is on this link
http://legalbeagles.info/forums/foru...-a-Court-Claim


I am afraid this is the problem , the left hand doesnt know what the right hand is doing which is why I suggested sending a LBA response to the solicitors . Its a shame that there doesn't seem to be a template for this on this forum and is too late for you now anyway.


Kati, can you move this, is that possible?

[MIKE770]

Re: BW Legal / Lowells letter of claim

They can issue a N1 regardless at this stage and do more than not, but they cannot enforce until CCA1974 is sent that is Enforceable,

Make sure you Acknowledge the claim on MCOL and tick defend all , On Line.

Then send CPR31.14 request for documents (The only ones mentioned in the N1 court form) send Recorded Delivery

CPR 31.14 Request

[Char58]

Re: BW Legal / Lowells letter of claim

Thank you. I'll acknowledge and send off a cpr 31.14. Who do I send this off to though? Lowells, the court or bw legal

Thanks

[MIKE770]

Re: BW Legal / Lowells letter of claim

BW Legal if they are the named solicitor on the N1 form