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Lowell solicitors - urgent help needed

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  • #16
    So the letter that has come back is that its not covered by the consumer credit act because its an overdraft. What can I put to them next? Its just going back and forth. I really appreciate your help.

    Many thanks

    Comment


    • #17
      letter of facility was what they use to send out regarding overdrafts and then Terms etc

      Comment


      • #18
        Hi, Lowell have got back to me saying that they can confirm that their client purchases the debt in good faith that the account is valid and owing and that they are satisfied I am liable for the outstanding balance.
        Should you still believe you are not liable for the outstanding balance, please provide us with further information to support your claim.
        If no response is received, our client has instructed to reinitiate the pre-action process which could eventually result in a claim form being issued to you with further costs added to the above balance.

        What do I say to them? Would there be room for negotiation? I'm not too sure what to do, any help would be greatly appreciated.


        ​​​​​Thanks

        Comment


        • #19
          You mention this overdraft is from 2005. Do you know when the account closed/defaulted ? If that was before 2010 it could well be statute barred ( over 6 years without payment or acknowledgement of the debt ( asking for more information about a debt doesn't count as acknowledgement ).)
          #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

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          • #20
            Thanks for your reply. Much appreciated. Is this what I should put forward to them?

            Many thanks

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            • #21
              Do you know when the account defaulted/closed ? or when you last made any payment towards the debt ?
              #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


              • #22
                I would have paid towards it in 2011,possibly 2012 by the latest.

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                • #23
                  Have a read https://legalbeagles.info/forums/for...ed-debt-letter

                  #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


                  • #24
                    Thankyou for this. Much appreciated. I will send this and let you know what comes back.

                    Again, thanks ever so much for your help.

                    Comment


                    • #25
                      Originally posted by JackN View Post
                      Hi, Lowell have got back to me saying that they can confirm that their client purchases the debt in good faith that the account is valid and owing and that they are satisfied I am liable for the outstanding balance.
                      Should you still believe you are not liable for the outstanding balance, please provide us with further information to support your claim.
                      If no response is received, our client has instructed to reinitiate the pre-action process which could eventually result in a claim form being issued to you with further costs added to the above balance.

                      What do I say to them? Would there be room for negotiation? I'm not too sure what to do, any help would be greatly appreciated.


                      ​​​​​Thanks
                      It doesn't matter what their client does in good faith, what matters is the paperwork.

                      The burden is not yours to prove you do not owe the debt, the burden of proof is on them as the claimant to prove on balance of probabilities that you do owe it.

                      You have disputed the debt and asked them for the most basic of proof in law - the application form would show you did open the account and on balance probably had the debt, but without it then it could have been anyone.
                      COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                      My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                      Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                      Comment


                      • #26
                        I have sent the statute barred letter and they have come back saying that no payments were made and the account defaulted on 6th March 2013. As the account defaulted less than 6 years ago it is not statute barred in accordance with section 5 of the Limitation Act 1980.

                        They are asking to contact them to arrange repayment.

                        I wasn't in the UK in 2013. I left in July 2012 and came back in Feb 2014.

                        Is there anything I can do about this? All of your help is greatly appreciated.

                        Thanks

                        Comment


                        • #27
                          Have they sent a copy of the default notice ? Any mention of the default date prior to this latest letter ? ( does this letter refer to PRA v Doyle ? )

                          Does your credit file show a default date at all for this account ?

                          Only dates we have so far is your recollection that you stopped using the account in 2011/early 2012 ... so it would be quite a long time before defaulting if it didn't do so until March 2013 ( coincidentally just within 6 years )

                          Did you ever send that SAR to Halifax ? and if so, did you get anything back from them ? anything in there about default/termination ?
                          #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


                          • #28
                            Hi. Thanks for your fast reply. I have never received any copy of the default notice or any mention of the default date. I would also need to check my credit file.

                            What is the SAR? I didn't send it to Halifax. How do I do this? Is it too late?

                            Should I send a letter to them explaining I am waiting for this from Halifax?

                            Many thanks

                            Comment


                            • #29
                              Get this to Halifax asap - Subject Access Request Letter

                              Or

                              11. How to get a copy of your personal information

                              This section tells you where to write to us to get a copy of your personal information, and how to ask for a digital file you can use yourself or share easily with others. You can do this online or by writing to us.

                              You can get a copy of all the personal information we hold about you by filling in this form or by writing to us at this address:

                              Halifax DSAR Team
                              Charlton Place (C42)
                              Andover
                              Hampshire
                              SP10 1RE

                              That should give a firm date that account went to default.
                              #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


                              • #30
                                Can you post a copy of the letter you received from them today as yes, it will need responding to.
                                #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

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