Lowell Solicitors - Notice of Acting

[Amethyst]

Re: Lowell Solicitors - Notice of Acting

If you entered into a payment plan for token payments and the account had already defaulted before that it could be taken from last payment as cause of action was at the time of default. So I think that if JD williams can send you a full statement that would be useful in this case. Paying £1 is likely to have been a breach of their 5% minimum ( or whatever) and given them cause of action - and if they had defaulted already and passed to a DCA then you COULD be stat barred from last payment. So, default date is important. Credit File shows January 2010 as default so it could actually have defaulted a couple months before then.

[charitynjw]

Re: Lowell Solicitors - Notice of Acting

. Credit File shows January 2010 as default so it could actually have defaulted a couple months before then.

Hi Amethyst

26/01/2011 (Post #12)

[Amethyst]

Re: Lowell Solicitors - Notice of Acting

Ahhhh

My credit file has the default date on it of 26/01/2011

missed that. Soooo, still possibility under the terms that they could have called the debt in when he breached it and started paying £1 a month, possibly through a DCA ?

I don't really subscribe to the idea that the lender can take 6 months to get around to defaulting you without any consequence. If the terms state they can recall after 2 months/3 months of missed payments - that should be COA.

[Martyn1984]

Re: Lowell Solicitors - Notice of Acting

Ah right, I'm confused with this 6 years thing as on https://www.citizensadvice.org.uk/de...debt-in-court/

It says 6years from last payment and doesn't mention default date.

So what should I be doing and what should I be sending Lowell?

So is it only statute barred from 6 years from the default date?

[Amethyst]

Re: Lowell Solicitors - Notice of Acting

Personally as this is not a letter before action I would get your ducks in a row ( ie get the statement off of JDWilliams) and keep quiet for now until you receive a letter before action/claim from Lowell Solicitors.

You can then go back and tell them it is statute barred and that you are seeking advice from CAB, and also send a CCA request for the original agreement, then go from there

( 6 years is from 'cause of action' - when that actually is is up for debate - last payment is a good starting point though )

[charitynjw]

Re: Lowell Solicitors - Notice of Acting

Personally as this is not a letter before action I would get your ducks in a row ( ie get the statement off of JDWilliams) and keep quiet for now until you receive a letter before action/claim from Lowell Solicitors.

You can then go back and tell them it is statute barred and that you are seeking advice from CAB, and also send a CCA request for the original agreement.

Seconded.

[MIKE770]

Re: Lowell Solicitors - Notice of Acting

Thirded

[Diana M]

Re: Lowell Solicitors - Notice of Acting

I haven't received a summons, just a letter saying 'Notice of Acting'

Ah, I see. "Notice of Acting" (your thread title) is an official way for a solicitor to inform the court that they are going on record as acting for their client once legal proceedings have commenced.

I'm pleased to hear there has been no summons issued

No doubt that letter from Lowells solicitors was intended to spook you into thinking they either had or were about to be issued.

Di

[Diana M]

Re: Lowell Solicitors - Notice of Acting

Does this mean its statute barred as its been over 6 years since I made a payment or is it 6years from the default date?

It depends on which DJ you get at the Trial

Di

[Martyn1984]

Re: Lowell Solicitors - Notice of Acting

So is that where a CCA request is of some use if I do receive anymore letters?

Many thanks.

Martyn

[Amethyst]

Re: Lowell Solicitors - Notice of Acting

Yes - well it gives you a second line of defence if they prove this £1 payment and default date. They must provide the agreement under the CCA 1974 in order to enforce the debt in court.

[Diana M]

Re: Lowell Solicitors - Notice of Acting

So is that where a CCA request is of some use if I do receive anymore letters?

It's always best to throw in as many legal arguments as you can when you defend a claim (which you've not got yet )

Indisputably SB is good

Non compliance with your CCA Request may be another but you say this account was opened after April 2007 so that limits your argument to some extent.

29/12/2007 was the account start date.

Di

[Martyn1984]

Re: Lowell Solicitors - Notice of Acting

So a CCA request would still be the way to go?

What happened in April 2007?

If it went to court and I lost obviously I would get a CCJ and that's what I'm desperate not to get added to my credit file.

I've requested a full statement from jd Williams to be sent.

Thanks.

[Diana M]

Re: Lowell Solicitors - Notice of Acting

I've requested a full statement from jd Williams to be sent

Good plan

Di

[Martyn1984]

Re: Lowell Solicitors - Notice of Acting

Hi,

I've been trying to read up about CCA request after April 2007.

If I do get a court letter and send Lowell a CCA request is it actually going to be any use and will they put a hold on any action? What information is within the CCA after 2007 that'll stop them winning a CCJ against me.

Sorry for questions, i just want to be prepared. Thanks.