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Lowell portfolio 1 ltd

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  • #46
    I'll get that for you now. Will they know I've received the SAR from provident or is this confidential

    Comment


    • #47
      If you just filled in the PAP and listed documents/information you wanted, then no that should be fine. The CCA letter is fine too.

      Their letter is saying they accept your letter as a reply to the PAP - but you sent back the form so there shouldn't be a need for them to have put that - and it sounds like a response to the weird letters that some other places tell people to send instead of completing the form... so I wonder if you used a weird 'supporting' letter or if they've sent you the wrong template letter in response to your reply form.

      Originally posted by Woody76 View Post
      I'll get that for you now. Will they know I've received the SAR from provident or is this confidential
      There's no reason for them to know. It's not particularly confidential and would likely be listed on any screennotes that are sent to them when they request the information you've asked for, but it really is irrelevant to the claimant - THEY need to provide the information.
      Away till 25th May xx

      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.”
      Hetty Bower

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

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      Comment


      • #48
        The letter literally mirrored the documents on the PAP, accept for Notice of Default...here it is :

        Dear Sir/ Madam

        I write with reference to the Letter of Claim dated 18/03/2019. I refer to the alleged debt owed to your clients, Lowell Portfolio 1 Ltd.

        Please send me;
        • A Copy of the written contract for the debt
        • A full statement of account, including details of all interest and charges on the outstanding balance of the debt explaining how they’ve been calculated, and any payments already made towards the debt.
        • A calculation of interest claimed
        • The annual or daily rate of interest
        • A description of the nature and amount of any administration charges included in the debt.
        • A copy of Notice(s) of assignment(s)
        • A copy of the Default Notice


        I have also forwarded to you for your information a copy of a CCA request sent to your client on 26th March 2019.

        Comment


        • #49

          There's no reason for them to know. It's not particularly confidential and would likely be listed on any screennotes that are sent to them when they request the information you've asked for, but it really is irrelevant to the claimant - THEY need to provide the information.[/QUOTE]

          what you wrote here, just wondered re court when it came to it, I have a CCA with the SAR now...but suppose is the need to provide it, its all procedure

          Comment


          • #50
            Yes it's procedure.... you have requested a copy of the agreement under s.77-78 - and they are required to comply with that - it matters not that you have a copy from another source.... although it is useful that you have received it from Prov to check over and see if everything does look okay...and also you know that it is in existence and the claimant is likely to be able to produce it at some point.

            Originally posted by CCA


            77 Duty to give information to debtor under fixed-sum credit agreement.

            (1)The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

            (a)the total sum paid under the agreement by the debtor;

            (b)the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

            (c)the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.
            Away till 25th May xx

            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.”
            Hetty Bower

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

            Comment


            • #51
              Originally posted by Woody76 View Post
              The letter literally mirrored the documents on the PAP, accept for Notice of Default...here it is :

              Dear Sir/ Madam

              I write with reference to the Letter of Claim dated 18/03/2019. I refer to the alleged debt owed to your clients, Lowell Portfolio 1 Ltd.

              Please send me;
              • A Copy of the written contract for the debt
              • A full statement of account, including details of all interest and charges on the outstanding balance of the debt explaining how they’ve been calculated, and any payments already made towards the debt.
              • A calculation of interest claimed
              • The annual or daily rate of interest
              • A description of the nature and amount of any administration charges included in the debt.
              • A copy of Notice(s) of assignment(s)
              • A copy of the Default Notice


              I have also forwarded to you for your information a copy of a CCA request sent to your client on 26th March 2019.
              Well that's all fine. I reckon they've just sent you the wrong template letter.

              We could reply telling them we are confused by the content of their letter and reminding them of their obligations under PAP.
              Away till 25th May xx

              “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.”
              Hetty Bower

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

              Comment


              • #52
                OK thank you. Seems you may be right about the response to weird letters, they failed to omit. Otherwise doesn't make sense.
                ​​​​​​
                I see they've not committed to a time frame either but I read that one is a bit chewy/irrelevant if they produce the CCA

                Comment


                • #53
                  Sorry I posted the same time as your reply there

                  Comment


                  • #54
                    Something like ..............

                    Dear Lowell

                    Ref: xxxxxxxxxxxxxxxxxx

                    Thank you for your letter dated xxxxxxx in response to my Reply to your Letter of Claim. I understand you will place the account on hold whilst the relevant documents are obtained. I look forward to receipt.

                    However, I am a little confused by the last line of your letter in which you state "Our client does not accept or recognise your correspondence as a legal notice and does not accept the fee schedule in your letter." I have not included a fee schedule in my response to your letter of claim, and I have not issued a legal notice to you. I have simply responded to your own letter of claim in the manner prescribed by the Pre-Action Protocols for Debt Claims, particularly;

                    "4.1 The debtor should use the Reply Form in Annex 1 for their response. The
                    debtor should request copies of any documents they wish to see and enclose
                    copies of any documents they consider relevant, such as details of payments
                    made but not taken into account in the creditor’s Letter of Claim."


                    I would be grateful if you could check your records and confirm that the account is on hold until documents are obtained, and that documents will be provided within the relevant timescale as per;

                    5.2 If the debtor requests a document or information, the creditor must –
                    (a) provide the document or information; or
                    (b) explain why the document or information is unavailable,
                    within 30 days of receipt of the request.


                    and per the first paragraph of your letter, as I fear you may have confused my case with someone elses.

                    Kind regards

                    Woody76
                    Away till 25th May xx

                    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.”
                    Hetty Bower

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                    Comment


                    • #55
                      That's brilliant. OK thanks... I shall send that.

                      Comment


                      • #56
                        I see the line within 30 days of receipt of the request.
                        But I'm sure the original CCA request gave them 12 days? I get very confused.

                        Comment


                        • #57
                          CCA request is one thing, Reply to the Letter of Claim another xxx Lowells letter is in response to your reply to their letter of claim. Not your CCA request which is separate.
                          Away till 25th May xx

                          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.”
                          Hetty Bower

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                          Comment


                          • #58
                            Ah gotcha . Will send that letter to cover all eventualities.. .. Thank you xx
                            ​​​​​​

                            Comment


                            • #59
                              Amethyst Good morning. I've still not received anything from lowells (CCA request was sent 27th March) .I sent the PAP to solicitors 10th April , they did reply with something to the affect of 'you can appreciate there can be a time factor on supplying the information' (in other words they cannot be held to it.

                              I also sent the last letter you advised querying the contradiction in their previous letter.

                              Do I just wait ? I thought they should reply to CCA in a certain time frame ?


                              ​​​

                              Comment


                              • #60
                                Yip just wait.

                                The CCA request should be complied with within 12+2 days - but really all that means is they can't enforce the agreement while they're in breach ( and enforcement means get judgment, not bring a claim etc )

                                The PAP reply should be responded to within 30 days.

                                If they bring a court claim without having responded properly to the PAP reply it could have costs implications ( for them) further along the line. But otherwise they tend to be a bit of a law unto themselves. From your side it is just a case of wait and see - unless you wanted to settle in full (for a discount ) in which case while they are in breach of everything is a sensible time to have any without prejudice discussions.
                                Away till 25th May xx

                                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.”
                                Hetty Bower

                                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                                Received a Court Claim? Read >>>>> First Steps

                                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                                Comment

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