Help needed

[Swarby88]

86CF929C-5C18-4BEB-B580-DD3531359AF1.jpeg Recieved this today any help would be great letter from lowell solicitors, letter of claim 30 days to prevent legal action

[Amethyst]

You should send the reply form back within the 30 days, asking for the agreement, default notice and notice of assignment, along with a full breakdown of the debt, and also send a formal CCA request to Lowell.

First though, do you recognise the debt ? When did it default ?


i've edited your pic a bit just for your own protection xxx

[Swarby88]

I keep getting told loads diff stuff so dont know where to start been told do this?

SENT BY RECORDED DELIVERY Your address

Your ref.:

Their address

Date

Dear Sirs,

Re: Your Client – xxxxx Limited
Practice Direction - Pre Action Conduct
Section 7 - Exchanging information before starting proceedings
Annex A Section 4 - Defendant’s full response

With regard to your letter dated xxxxx , which threatened me with Legal Action, I take this to be a Letter before Action under the above named Practice Direction and as such I am responding accordingly.

As you have indicated you are acting on behalf of xxxxx Limited in this action, I assume you are authorised to accept service of documentation, therefore, please accept this as a Defendants Full Response as specified in Practice Direction - Pre Action Conduct Section 7 (detailed in Annex A – Section 4) and a Request for Further Information in accordance Section 7 (detailed in Annex A Section 4.2 (7)), by way of Service Upon You and your client.

Defendant’s Full Response

In accordance with Practice Direction - Pre Action Conduct Section 7.1 (2) (as detailed in Annex A – Section 4.1) – I absolutely and categorically deny any in-debtedness to your client and as such put your client to the Strictest of Proof, the reasons being:

i) Prior to your letter, I have never received any correspondence from your so called client, correctly addressed to me, I have no knowledge of your client, nor have I received any of the Statutory Default Notices required in respect to an alleged debt.

ii) I have never entered into any Legal Agreement or Contract with your client, for any monies or specifically for the alleged amount of £xxxxx.

iii) I also, neither accept nor acknowledge the assertion any debt has been Legally Assigned to your client.

Documentation Requested under Practice Direction - Pre Action Conduct
Annex A Section 4.2 (7) - Request for Further Relevant Information / Documentation

Therefore, under the provisions of Practice Direction - Pre Action Conduct - Annex A Section 4.2 (7) I request the following documentary proof of your Clients assertions of a Legal Obligation, to be provided to me within 40 days of the post marked date of this letter.

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) copy of the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any and all subsequent changes in said Terms & Conditions.

II. Statements of the Account referred to, including details of all payments made and calculation of how interest was charged against each item, leading to the Alleged Debt of £xxxxx.

III. Also, as this is an Alleged Debt, I believe Default Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999, therefore, I would request details of each and every Default Charge applied to the Account (i.e. if the charge was for ‘Administration’ what Administration was undertaken to support the Default Charge) along with details of any Interest Charged against each Default Charge applied.

IV. A copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon me.

V. A copy of the Legal Assignment of the Agreement, including a copy of the Deed of Assignment and / or Deed of Tripartite Novation.

VI. A copy of how I was served with the Alleged Legal Assignment.
VII. A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and again how this was Served upon me.

Should proceedings commence against me and your client fail to provide each and every document requested, I will make an N244 Application to the Court to Stay your Clients claim until the request is complied with and request the Court impose Sanctions against yourself and your client for failure to adhere to the provisions of the above mentioned Practice Direction. Also please be aware, each document listed is required to provide legal proof of your client’s contention of a legal indebtedness towards them and again, should your client fail to produce said documentation and Proceedings Commence against me, as a part of my defence I will re-request production of each and every document under CPR 31.1 (2).

Please note, where I have mentioned a document and there is in your clients possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

I look forward to your response in due course.

Yours faithfully

[Swarby88]

And also this?

[Amethyst]

Ughhh .... ok second one is fine ... that's the CCA request - ours is https://legalbeagles.info/library/gu...etter-example/
it's pretty standard stuff

the first.... well - ughhhh ..... is it true that you've never had a letter from Lowell before this letter of claim ? do you know what a deed of tripartite notation is ? were default charges added to the account ? What does Practice Direction - Pre Action Conduct
Annex A Section 4.2 (7) - Request for Further Relevant Information / Documentation say ?

pre-action protocols for debt are https://www.justice.gov.uk/courts/pr...ebt-claims.pdf

Where was this from ? ( I thought 'get out of debt free' had shut down ) I'd hazard a guess it didn't sit right with you or you wouldn't be checking other options.

Anyway ... any idea when the vanquis account defaulted ?

[Amethyst]

Okay - following your pm - I would complete the pre action reply form saying ' I don't know if I owe the debt' and then asking for documents - agreement and terms, default notice, notice of assignment and full breakdown of the debt.

Then I would send a CCA request to Lowell https://legalbeagles.info/library/gu...etter-example/ and a SAR to Vanquis https://legalbeagles.info/library/gu...ccess-request/

Keep copies of all and send the reply form by recorded post.

[Swarby88]

Do i send the letter of claim reply form and cca and sar all out at the same time or wait a few days? Also they included a bakground to the debt before the claim is issued do you want me to upload a image ?

[Amethyst]

Thats ok ( seen the pm and that's fine - not much info there lol ) - so yes you can send all three at same time - send the cca to Lowell , reply form to Lowell solicitors ( ask for breakdown for the period before and after the account is alleged to have defaulted) and SAR to vanquis.

[Swarby88]

Do i send them all signed for or just the reply form thanks

[Amethyst]

Depends how rich you're feeling but only needed for the reply form as we've found denial of receipt a factor in claims being issued without documents being provided of late. Get a free posting receipt for the others tho.

[Swarby88]

just a quick one the cca creditor is vanquis or lowell ?

[Swarby88]

Hi just recieved request for a copy of data of vanquis few print outs of transactions and the letter says for copies of account statements i need to pay £5 per statement what do i do now thanks

[charitynjw]

Hi Swarby88

I'll give Amethyst a nudge for you.

£5 per statement? Blimey!

[Swarby88]

Yeah i was thinking that aswell not heared anything back from lowell yet or lowell solicitors just that from vanquis so any idea what next step for me is thanks

[charitynjw]

Is that £5/yrs worth, or £5 per monthly statement?