Help please Lowell solicitors 😓

[Vicxzy]

Hi please please can somebody help me?

Ive had a letter of claim today from Lowell solicitors.
I have awful anxiety and I am in the middle of my final year uni exams so I am freaking out!

Its for a credit card that defaulted in 2011.
The default has disappeared from my credit file now but I can’t remember when I last made a payment so I am unsure if the debt is statute barred (I struggled with terrible postnatal depression & lost 5 members of my family suddenly in 2012 and I’m unsure whether I made token payments or not).

I sent a CCA request to Lowell around 2 years ago when they were asking me for the money and they eventually sent me a reconstituted agreement months later but I no longer have this as our house flooded and so I lost the paperwork.

I didn’t hear from them for almost 2 years now this.

Please can somebody tell me what to do next?

I can’t afford to get a CCJ as I’m just about to get a mortgage for a house for me & my daughter after losing everything to my ex 8 years ago.
It has taken me so long to get us our own place & rebuild my credit and I can’t risk it now but I don’t have £4000 to pay Lowell either.

[Vicxzy]

Hi guys,

I’ve been lurking for a while and thought I should say hi now!
I need some advice re Lowell solicitors please?

Thank you.

[Amethyst]

Hi Vicxzy, What's up ? Have you got a claim against you ?

We'll help all we can xxx

[Vicxzy]

Hi Amethyst,

Nice to meet you.
I will try to upload a picture.

Thank you.

[Vicxzy]

Sorry it won’t attach. I have had a letter of claim from them.

[Vicxzy]

I took the credit card out in 2006 according to their letter of that makes a difference.

[Amethyst]

Okay - with a form to complete and return giving options of disputing the debt, asking for information or making an offer to pay ? giving 30 days to reply? ( like this http://legalbeagles.info/forums/foru...-for-reference)

Do you want to give us a bit of background about the original debt they're claiming ?

[Amethyst]

Ahh I'll merge your threads together save you going through things twice. You sound like you have had a rough time of things and are just getting back on your feet, this is the last thing you need, and you really don't want to let it pull you down.

If it defaulted in 2011 and you aren't sure if you paid anything after that there's no harm in going back to them in the letter of claim and saying it is statute barred ( as well as asking for other documents and sending a CCA request but will get to that once threads merged together ) - then they will have to say why it isn't statute barred and evidence that it isn't. If they say you paid £1 a couple years ago at least you know that is wrong as it was your CCA request anything else, it should give you chance to look into it, get a copy statement from your bank etc to check any payment they say you have made.

Did you go into a DMP or anything or do you think you might have just agreed to small token payments direct to get them off your back while you had far more important stuff to deal with ?

I'll try merge threads anyway for the moment.

[Vicxzy]

Hi Amythyst.

Thank you for your help I am very grateful.

I didn’t do a DMP. It’s possible that I paid £1 a month for a while to the original creditor but it was so long ago and I had so much going on that I just don’t know now I’m sorry x

[Amethyst]

Okay, you will need to complete the form and return it. I've put the bits you need to fill in in quotes ( the blue box ) and text in bold.
As well as returning this, I would send another CCA request to the creditor ( so whoever Lowell are acting for - Cabot? ) example >> CCA Request


The FORM they sent with the letter of claim should be this one .....

--------------------------------------------------------------------------------------------------------------------------------


REPLY FORM

YOU HAVE 30 DAYS FROM THE DATE AT THE TOP OF THE ENCLOSED LETTER TO FILL IN AND RETURN THIS FORM.

IF YOU DON’T, IT COULD RESULT IN COURT PROCEEDINGS.

If you have any questions or would like to discuss the debt, please call the business that sent you this form as soon as possible.

Full name:
Address and postcode:
Contact telephone numbers:
Email address:
Reference:

SECTION 1: Do you owe the debt?
Fill in one of the boxes in this section. Use more pages if you need to.

It is recommended that you get debt advice if you have any doubt about whether you owe the debt and whether you can pay it now, or if you want advice on any rights and protections you may have.
Box G below asks about debt advice.


BOX A
I agree I owe the debt.
Tick this box if you agree you owe the debt and agree the amount of the debt is correct.
IF YOU WILL PAY THE DEBT, GO TO SECTION 2.
IF YOU NEED DEBT OR LEGAL ADVICE, GO TO SECTION 3.


BOX B
I owe some of the debt, but not all of it.
Tick this box if you agree you owe some of the debt, but not all of it, for example if you think too much interest has been added or you haven’t been credited for payments you made in the past.
The amount of debt I owe to you is £…………. .
Say how much you think you owe.
I don’t owe any more than this because ……………
Explain on a separate piece of paper why you don’t owe all of the debt. Give as much detail as possible and provide copies of any supporting documents.
IF YOU WILL PAY THE PART OF THE DEBT YOU OWE, GO TO SECTION 2.
IF YOU NEED DEBT OR LEGAL ADVICE, GO TO SECTION 3.
OTHERWISE, GO TO SECTION 4.


BOX C
I don’t know whether I owe the debt.
Tick this box if you’re not sure whether you owe the debt and/or you need help from a debt adviser to work out whether you should pay.
NOW GO TO SECTION 3.

BOX D
I dispute the debt.
Tick this box if you don’t owe the debt, for example because the debt should be paid by someone else, because you have already paid it, or because there is a legal problem with the credit agreement.
I dispute the debt because …………… the Debt is Statute Barred pursuant to the Limitations Act 1980. I am also requesting further information in Box I.
Explain on a separate piece of paper why you dispute the debt. Give as much detail as possible and provide copies of any supporting documents.
NOW GO TO SECTION 4.

SECTION 2: How will you pay?
Only complete this section if you ticked Box A or Box B in Section 1 and you want to pay now.
The letter from the business will tell you how to pay. Keep a record of the payments you make.


BOX E
I will pay what I owe now.
Tick this box if you agree that you owe all or part of the debt and you are able to pay what you owe now. You should pay using the payment details in the letter from the business. Keep a copy of any proof of payment you receive.


BOX F
I will pay, but I need time to pay.
Tick this box if you agree that you owe all or part of the debt, but you can’t pay right now.
If you offer to make repayments, you must be able to afford them. You should consider getting debt advice about how much you can afford to repay. If you are seeking debt advice, complete Section 3.
My proposals for repayment are ………….. .
Explain on a separate piece of paper how you intend to pay the debt. Say how much you could pay now and how you will pay the remainder. For example, say how much you could pay each week, fortnight or month and when your first payment would be made.

I have provided a Financial Statement showing my current financial situation:

Yes ____ No _____

To help the business ensure you can afford your proposed repayments, fill out the Financial Statement that is attached to this form. You should also attach a copy of any budget or financial statement that a debt advice organisation has helped you prepare.


SECTION 3: Do you intend to get, or are you already getting, debt advice?
Only complete this section if you are getting debt advice about whether you owe the debt or whether you can afford to pay.


BOX G
I am getting or intend to get debt advice.
I am getting advice from ………………………………………………………………… …………………………………………………………………………………………………
Insert the name and contact details of the person or organisation giving you advice.
I am getting advice about ………………
Explain on a separate piece of paper what you are getting advice about, for example whether you owe the debt or how you could pay.
I have an appointment with an adviser on ………….…………………………………… …………………………………………………………………………………………………..If you have an appointment with a debt adviser, give the appointment date and time.
I can’t obtain advice within 30 days of returning this Reply Form because ……… .
If it will take you longer than 30 days to get debt advice, explain on a separate piece of paper the reason for the delay and when you expect advice will be available.
NOW COMPLETE SECTION 4.


SECTION 4: What documents are you sending with this form? What information do you need?
Complete the boxes below if you want to provide or get more information.

BOX H
I have provided documents.
Tick this box if you want to provide documents about the debt, for example you might want to provide a letter showing you have an appointment for debt advice or a receipt showing you paid some of the debt.
I have enclosed the following documents ……….. .
Describe on a separate piece of paper the documents you have provided and why they are important.

BOX I
I need more documents or information.
Tick this box if you need more information, such as copies of documents you don’t currently have.
I need a copy of ………………………CREDIT AGREEMENT / STATEMENT OF ACCOUNT / NOTICE OF ASSIGNMENT / DEFAULT NOTICE ……………………………………………………. …………………………………………………………………………………………………. …………………………………………………………………………………………………
Additional documents or information that you might need could include:
-A copy of the written contract for the debt
- A full statement of account, including details of all interest and charges included on the outstanding balance of the debt, explaining how they have been calculated, and any payments already made toward the debt
-A calculation of the interest claimed
- The annual or daily rate of interest
- A description of the nature and amount of any administrative charges included in the debt
- A copy of the notice of assignment of the debt

Signature ……………………………………. Date……/….../…….

Print name …………………………………….

Sign and date this Reply Form once you’ve filled it in. Then send it to the address given in the letter from the business.

Make sure you keep a copy of this form for reference in the future.

If your circumstances change, please update the business as soon as possible.

[Vicxzy]

Thank you.
I am not sure who their client is? The letter says that the debt was assigned to their client in 2015 by the bank but doesn’t mention who their client is?
is there any way to find out?

thank you x

[Amethyst]

Oh ignore me, I'm a doofus, it's Lowell isn't it... I was thinking it was a solicitors actiing for someone like Lowell... but it is Lowell Solicitors.... arrrghhhh lol, sorry ! So, yes it goes back to Lowell ( the ones that sent it so presumably the solicitors)

[Vicxzy]

Haha yes the letter is from Lowell solicitors on behalf of Lowell. Do you think I’m ok to leave this until after my exams are over as long as I respond within 30 days?x

[Amethyst]

Might be better to just get it done and sent off so you aren't worrying about it and can concentrate on your exams while they are digging up documents ? ( and reduce the risk of you forgetting before the 30 days are up? )

[Vicxzy]

Hi Amethyst,

Do I have to fill my number and email address in? I don't want them to hound me?

Thank you.