Help please Lowell solicitors 😓

[Vicxzy]

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)

Amethyst sorry its me again being a pain!
Do I need to send a CCA request if it's Lowell portfolio and Lowell solicitors or just send the reply form to the solicitors?

Thank you. x

[Amethyst]

Send the reply to the solicitors yes, and separately the cca to Lowell portfolio.

You dont have to fill in your email address and phone number on the form.

[Vicxzy]

Thank you Amythyst.
I took your advice and sent everything off. I just received this back. Can I ask them to prove I made that payment as I’m not sure if it’s true or that’s where I sent a CCA request.

Thank you.

[Amethyst]

Hiya xx

Yes it sounds like this £1 was your previous CCA request - it was not a payment to the account it was a statutory fee so NOT acknowledgement for statute of limitations purposes. We can write back to them to tell them the same. Would you recall if it was a postal order you sent back then? Also, I know you won't have a copy but you could send a SAR request to them (separately - and to whoever owned the debt when you sent the CCA in 2015 - was that still Lowell?) which the response should include that request.

It doesn't sound like they have sent you any documents at all ? No response to your CCA request or any of the documents asked for in the reply form? If so you can reiterate your requests in same letter.

[Vicxzy]

Thank you x

No, nothing yet.

The CCA request went to Lowell portfolio, I’ve heard nothing from them just this response from Lowell solicitors.
Im not sure how I paid I think it would have been a postal order as I have not had a cheque book in ages but I can’t be 100%.
I’ve heard they do things like pretend you’ve made payments. Surely they would have to prove it?
would I send a SAR to Halifax who owned the debt then and and Lowell solicitors?
Am I right in thinking that because this was a pre 2007 agreement they have the supply something more substantial than a reconstituted agreeement?
Sorry for all the questions Amythyst but this is really getting me down at the minute.

Thank you x

[Amethyst]

You're fine, honestly, it can be a stressful situation - particularly when you have exams to worry about too !

I'd send a SAR to Halifax in anycase… you never know what these will turn up that could help you later.

I'll try do a bit of a start point on a letter in the morning to reply to Lowell, and yes, accompany it with a SAR as your original CCA went direct to them.

As you think the card account might have been opened in 2006 then it could well have been an online application, so they could just send a recon, but it must be a true copy, so if the prescribed terms aren't there they can't ask the court to just make them up... but tbh by 2006 most companies had sorted themselves out prescribed terms wise. It does seem your primary challenge will be statute barring. It defaulted 2011 and nothing was paid and the first acknowledgment really would be the reply to the pre-action letter - which was after 6 years. I know you had a rough time of things around the same time so it might turn up that other payments were made etc.... but then tbh, if they had of been, why would they pretend the £1 stat fee for the CCA request, was a payment.

Might also be worth getting yourself an appt at CAB - I know you need to avoid a CCJ, so it would be worth going through your Income/Expenditure stuff and figuring out what you COULD offer by way of instalments to Lowell to keep this from going to court ( IF it looks like it's heading that way depending on what they respond docs wise etc )… always best to be prepared.

Tagging myself so I remember in the morning Amethyst

[Amethyst]

Okay something like this....


Dear Lowell

Reference XXXXXXXXXX

Thank you for your letter, dated xxxxxxxxxxxx, confirming you have requested copies of documents as requested by myself in response to your letter before claim, and that collections activity of the account is on hold.

I note that you believe a payment of £1 was made to the account on 28th January 2015 and thus contend the alleged debt would not be statute barred. I dispute your contention in it's entirety. Following some previous letters from you in 2014 I wrote to you formally to request details and to ask for a copy of the original credit agreement. This letter was a formal request made pursuant to sections 77 to 79 of the Consumer Credit Act 1974 for which payment of a prescribed fee of £1 is required. The letter was neither an acknowledgment of the debt nor payment towards the debt and it can not be used to extend the limitations period. I continue to contend that the alleged debt is statute barred pursuant to the Limitations Act 1980.

In addition I contend that the debt is unenforceable as you are in breach of my more recent formal Consumer Credit Act 1974 request, sent to yourselves on xxxxx 2018 (along with a further £1 payment for the prescribed fee).

Any claim issued will be defended.

I look forward to receiving the required documentation.

Kind regards

Vicxy

[Vicxzy]

Thank you that is fantastic.
They have confirmed in their original letter that the account was opened in 2006 and I do know it was definitely opened in the branch rather than online. I’m not sure how much difference that makes.
They sent me a reconstituted agreement last time I asked that wasn’t signed x

[Vicxzy]

Hi Amythyst.

They have got back to me. I am literally at the end of my tether with this and I can’t cope any more.
I don’t feel like there is any point.

[MIKE770]

prior yo 2007 they must provide copy of original signed CCA, they are trying to hoodwink you!?

[Vicxzy]

Letter

[Vicxzy]

Hi Mike thank you for your reply they have sent me two agreements both unsigned one has he correct address and one has the my last address on it so it’s obvious that they have just made them up. I don’t know what to do any more. They won’t leave me alone.

[Vicxzy]

Can anybody help me please? I can’t seem to upload all of the documents here

[Vicxzy]

Amethyst please help

[Amethyst]

Hey, That letter doesn't sound terrible or anything,they've sent the agreement and terms, and they're still waiting on the Default Notice etc. and they have entirely ignored the statute barred issue.

Feel free to email the docs you have received - admin@legalbeagles.info - and I'll have a look

Hi Mike thank you for your reply they have sent me two agreements both unsigned one has he correct address and one has the my last address on it so it’s obvious that they have just made them up. I don’t know what to do any more. They won’t leave me alone.

One will be the original( well, recon of) from when you applied, and one will be the 'terms as varied' from when the account defaulted.

The statements - do they back up that the debt is statute barred without that £1 CCA payment ?