Lowell Solicitors - Notice of Acting

[Amethyst]

Re: Lowell Solicitors - Notice of Acting

Before, or after, 2007 the creditor will need to provide a copy or recon of the original agreement and associated terms under s.78 of the CCA 1974 to be able to enforce it in court.

Have a read through some of the threads on here, particularly ones marked won or discontinued.

[Martyn1984]

Re: Lowell Solicitors - Notice of Acting

I've received an email from JD Williams with a breakdown of payments and charges in a spreadsheet format.

Shows the last payment date 22/6/2010 and after that just charges being added until it says 13/12/2010 - statement/letter follow code 9 with the outstanding balance of £2040.49 (which is what Lowell want from
Me)

It doesn't say anything about when a default was issued. Do I reply asking for the default date or is that acknowledging the debt?

Thanks.

[Diana M]

Re: Lowell Solicitors - Notice of Acting

It doesn't say anything about when a default was issued. Do I reply asking for the default date or is that acknowledging the debt?

I wouldn't write to J D Williams about the default date. There's always the possibility that they didn't issue a DN before the account was terminated and sold on which could work in your favour.

I would send a SAR to J D Williams so you will be able to see the full history of the account (including any CCA) and exactly what happened before the account was sold.

A claim hasn't been issued yet so you have time on your side to do the research.

Di

[Martyn1984]

Re: Lowell Solicitors - Notice of Acting

Is their a template for a SAR?

Is by email ok or registered post best?

Again I'm assuming it doesn't acknowledge the debt?
Thanks for you help.

[Martyn1984]

Re: Lowell Solicitors - Notice of Acting

Good evening,

Well it hasn't taken them long to issue the Letter of Claim which arrived today.

ive got until 10/10/16 to respond to them or they'll take me to court.

where do I go from here, I really can't have a ccj on my file with wanting to apply for a mortgage early next year.

should I

a: send them a CCA request? Does this stops them taking me to court until the documents are provided, is this correct?

b: tell them it's statute barred and that as a gesture of goodwill I could pay 10%? Or is this just acknowledging the debt and a stupid idea?

how do I defend a claim, I've got no idea what I would write.

also could you tell me, if I did go to court and lost, if I paid the balance within 30 days does the ccj not get added to your credit file therefore it would not show on future credit applications? Not that I have that sort of money spare at the same time!

many thanks from a very stressed me.

Martyn

[Martyn1984]

Re: Lowell Solicitors - Notice of Acting

If I send a CCA request do I also send them a statute barred letter at the same time?

thanks.

[Diana M]

Re: Lowell Solicitors - Notice of Acting

If I send a CCA request do I also send them a statute barred letter at the same time?

I think the arrival of the Letter Before Claim was inevitable.

Don't go 'off-piste' with a letter claiming the debt is SB at this stage in case it isn't or in case that prompts them to work hard to prove it's not.

Di

[Amethyst]

Re: Lowell Solicitors - Notice of Acting

Here's the >>First Steps<< guide.

If you get the claim acknowledged and the CCA and CPR requests off ( just standard ) then when it comes to defence you can put the statute barred info in that.

With regards getting a CCJ. If you pay the balance within 28 days from judgment it wouldn't be entered on your credit file, but it is actually quite rare for someone to get into court and lose. As we go along we can see how strong your case is and if they suddenly prove it isn't stat barred, and turn up all the correct documents, then you always have the possibility of negotiating with the claimant to repay the debt under what's called a 'Tomlin Order' - so the claim stays live in court but judgment isn't entered unless you default on the agreed arrangement - it would usually have to be a decent monthly installment amount or a F&F though as they have to hedge that they wouldn't get more by obtaining a Judgment.

[Martyn1984]

Re: Lowell Solicitors - Notice of Acting

Thank you

I'll have a full read of that later when I'm home tonight and print off the templates for a CCA and CPR letter. I'll send them registered post tomorrow morning. Do they both go to the same address that'll be Lowell solicitors?

So am I basically just waiting for court papers now unless by some chance Lowell do actually respond.

It's writing a defence and putting all the information into it that concerns me but I do feel a little better with you saying there is options not to get a CCJ added to my credit file.

Thanks

- - - Updated - - -

How would you negotiatewith the creditor if the case is taken to court?

Is there a lot of backwards and forwards paperwork to get the opportunity to mention a 'Tomlin order'?

As you can tell I feel this is totally over my head. Thanks.

[MIKE770]

Re: Lowell Solicitors - Notice of Acting

Recorded Delivery will do you get a receipt of postage etc = cheaper

[Diana M]

Re: Lowell Solicitors - Notice of Acting

have a full read of that later when I'm home tonight and print off the templates for a CCA and CPR letter. I'll send them registered post tomorrow morning. Do they both go to the same address that'll be Lowell solicitors?

So am I basically just waiting for court papers now unless by some chance Lowell do actually respond. .

Since you've not been issued with a court claim you shouldn't send the CPR 31.14 letter yet.

You've received a Letter Before Claim with a deadline of 10th October and there may be a forum template letter for dealing with that issue.

Di

[Martyn1984]

Re: Lowell Solicitors - Notice of Acting

So should I just send a CCA letter for the minute?

Martyn

[Diana M]

Re: Lowell Solicitors - Notice of Acting

So should I just send a CCA letter for the minute?

Send the CCA Request now and if you need to send anything else someone will let you know.

Di

[Martyn1984]

Re: Lowell Solicitors - Notice of Acting

Ok I'll get that sorted tonight when I'm home and post first thing tomorrow.

I will put whatever I receive next on here.

Thanks martyn.

[Martyn1984]

Re: Lowell Solicitors - Notice of Acting

Hi, so I've printed the CCA form on here but notice it doesn't say anything about not acknowledging the debt on it?

Is this ok to send as I wouldn't want them to say this CCA request resets the 6 year time frame for the possibility of it being statute barred.

Many thanks

Martyn