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Have lowell provided everything i asked for?

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  • Have lowell provided everything i asked for?

    I received a letter before claim roughly 3 months ago to which i responded asking for the following:
    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. A copy of the default notice.

    They have finally responded with some documents but im not sure if they have provided everything.

    They have just written on the letter saying 'we are informed that the default notice was issued on 22nd march 2017.

    Do they not have to provide a copy of this?
    it was assigned to vanquis and they have provided a copy of this, it was then sold on to lowell however there is no evidence/letter about this in their response. Is this again needed?

    Any advice on how to respond would be great as i haven't got long to get back to them now due to receiving this whilst i was away.


    Thank you
    Tags: None

  • #2
    Originally posted by Peterrabbit2 View Post
    I received a letter before claim roughly 3 months ago to which i responded asking for the following:
    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. A copy of the default notice.

    They have finally responded with some documents but im not sure if they have provided everything.

    They have just written on the letter saying 'we are informed that the default notice was issued on 22nd march 2017.

    Do they not have to provide a copy of this?
    it was assigned to vanquis and they have provided a copy of this, it was then sold on to lowell however there is no evidence/letter about this in their response. Is this again needed?

    Any advice on how to respond would be great as i haven't got long to get back to them now due to receiving this whilst i was away.


    Thank you
    Can you post a redacted version of the default notice so we can take a look
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      This is all they have sent to me.

      i have had to crop them as it would not let me post them otherwise.

      many thanks.
      Attached Files

      Comment


      • #4
        no default notice there
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment


        • #5
          Sold to Vanquis before the date they allege a default notice was issued ?
          #staysafestayhome

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

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

          Comment


          • #6
            That is all they have sent.
            so what do you recommend i do now?
            have i got grounds to challenge this?

            many thanks

            Comment


            • #7
              Also they took 3 months to get this information back to me, is this also allowed? Or do they have a time frame? Thank you

              Comment


              • #8
                Hi Peter I was taken to court by lowell for a capital one card from years ago, luckily for me I had kept all my bank statements from years and years ago. I like you sent lowell a docs request, I never got any back from them so had to do a defense myself. I did contact capital one, and as it was from 2002 stated barred, I turned in my bank statements and letter from capital one. Turns out lowell solicitor turned up with fake payments, and fake documents, case was thrown out of court. Hope that helps, as iam sure it's standard practice for them to lie.

                Comment


                • #9
                  Any body know how to respond to them?

                  sorry to be eager but ive not got long to get back to them and im stressing about it.

                  Thank you

                  Comment


                  • #10
                    Do you have the rest of the transaction list?

                    Is there a date for that FreshStart change?

                    Between Provident and moving to FreshStart it wouldn't default. Did you get the welcome letter from Vanquis that would've said fresh start at the top in green?

                    You had paid £135 - What was the date of your last payment?

                    After that last £60 payment did the collection person stop turning up or was it just you were unable to pay it from there? Any recollection of what happened ?

                    transferred to Vanquis sept 2016
                    default alleged march 2017

                    what shows in your credit file ?

                    Any notice of assignment from Vanquis to Lowell ?

                    You can email me docs if you like ( save cropping them) admin@legalbeagles.info
                    #staysafestayhome

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

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

                    Comment


                    • #11
                      I have emailed you the full documents. Thank you

                      that is the transaction list, the last payment is the £60 ¥, the 24-03-2016

                      i cannot remember what i was sent back then bit i don't recall a letter with fresh start at the top at all, and the letter here doesn't say anything about fresh start, just a introducing vanquis bank letter.

                      no my oh went through redundancy and we couldn't pay anymore.

                      nothing shows on my credit file that i can see about from a closed account from provident which says settled i think and a green tick next to it.

                      they haven't sent me a copy of the notice of assignment from vanquis to lowell. I don't recall getting one either but again could of easily forgot about it.

                      thank you once again.

                      Comment


                      • #12
                        Got them ta

                        Last payment March 2016
                        Freshstart 30-9-16
                        alleged default March 2017 ( no default on credit file and no notice of default )

                        no default notice
                        no assignment to Lowell



                        Attached an example of a freshstart letter just to see if it rings any bells

                        Click image for larger version  Name:	2A347F0A-0494-4919-8640-C1399BA65BBE.png Views:	2 Size:	541.9 KB ID:	1477505
                        Attached Files
                        #staysafestayhome

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

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

                        Comment


                        • #13
                          Also did you get a copy of the terms that were on the back of the agreement?
                          #staysafestayhome

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

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

                          Comment


                          • #14
                            Did you send a formal CC a request or just request documents in your letter of claim reply?

                            Draft idea for replying...

                            Dear Lowell

                            Thank you for your letter dated XXXXX 2019 in which you enclosed documents relating to the alleged account originally with Provident personal credit limited.

                            I am still awaiting copies of the remainder of the documents requested; the default notice and or notice of termination and evidence of assignment from Vanquis to yourselves. Additionally you will be aware that the credit agreement you have provided is incomplete. ( is there a cca Request in play?)

                            I look forward to receiving the documents at which time I can consider my position further. In the meantime please be aware that if you issue a court claim against me I shall be defending the claim in full.

                            Your sincerely

                            Peter Rabbit
                            #staysafestayhome

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

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

                            Comment


                            • #15
                              I didn't send a formal cc request i just replyed after ticking a certain box on the claim form saying i request X documents.

                              there is some terms and conditions on the back of the credit agreement, i believe. I have sent you Nother email with a picture of this attached.

                              Can i still reply saying without the other documents i will be defending in full with the cca being what i believe complete?

                              Thank you.

                              Comment

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