Lowell solicitors

[Pammy54]

Hoping someone can help, i sent letter gdpr think its called asking for certain documents was sent a ream of paperwork saying they had sent all this to me in 2016, today i recived letter which is a pre court letter and i have 30 days to send reply im not sure how to fill in properly or shall i just let it go court and defend it.
all advice greatfully recived

[charitynjw]

Hoping someone can help, i sent letter gdpr think its called asking for certain documents was sent a ream of paperwork saying they had sent all this to me in 2016, today i recived letter which is a pre court letter and i have 30 days to send reply im not sure how to fill in properly or shall i just let it go court and defend it.
all advice greatfully recived

Who did you send the SAR to in 2016?
If Lowell, they might have more (or possibly less) on record now.
SARs are usually sent to the original creditor (although there is no problem in sending to the new assignee.
For instance in this case that would be Lowell

Who was the original creditor & what type of alleged debt is it? (Credit card, mobile phone etc.)

[Pammy54]

I sent request to lowell in 2016 i dont remember reciving all i asked for.
last year i sent the gdrp ( i believe this is the new letter to send requesting info to lowell)
i recived a copy of my account, deed of assignment

The original creditor was vanquis credit card.

my argument is i never had any agreement with lowell.

i have looked at the forms i am supposed to fill in and thinking i should not accept this until they send all i have requested, there is also a income and expenditure form i was going to fill in i am on disability so no spare income
advice greatly appreciated

[charitynjw]

The recent letter/pack you have received is called a pre-action protocol (PAP) (ie letter before court action.)

It is important that you complete & return it. (Get proof of posting....the Post Office do a free certificate of posting.)

As you state, you have 30 days from receipt of the PAP, so send it in a few days before that (to allow for post.)

& we can help you to fill it in if you want.

The way it works is that you had an agreement with Vanquis, which for some reason was cancelled, leaving an alleged outstanding debt.

Lowell have legally purchased it, and are now the legal owners.

[Pammy54]

Ok
if you could be so kind to advise me what to put would be very grateful
Thank you in advance

[charitynjw]

No problem.

Click on the link below. It should show you a pdf (from justice.gov.uk) which gives a detailed explanation of what the protocol is, & what is expected of both parties.

https://www.justice.gov.uk/courts/pr...s/debt-pap.pdf

Tactically at this early stage of proceedings it is best to dispute the alleged debt. (You can simply change your mind if necessary further down the line.)
So on your protocol form that corresponds to page 11 of the pdf, tick box D..

Then on the form that corresponds with page 12 of the pdf, tick box I (Need more documents.)

You ask for
A true copy of the Consumer Credit agreement.
Copies of the original terms and conditions, plus any applicable variations to them.
A full financial breakdown of the account.
A copy of the notice of assignment.
A copy of the s87 Default Notice

It doesn't matter if they have sent any of these previously; ask for them again.

You do not need to fill in the financial statement at this stage. That can be done later if necessary.

Sign it & keep a copy.
Send it to Lowell at the address given by them. If you use land mail, be sure to get proof of posting (the post office can give you a free certificate of posting if you ask for one. Alternatively you can use SignedFor tracked post,which costs a few ponds.)
Allow at least 2 working days for delivery.

Personally I would wait until a few days before the 30 day deadline before sending, but you might decide to send sooner.....your choice.

**See my next post**

[charitynjw]

Once you have sorted the pre-action protocol (PAP) you need to do the following.

Send a s78 CCA request to Lowell.
It might seem a bit strange to you, asking for the same documentation as in the PAP, but it is very important to do this as well. This is a legal tactic; If they do not respond fully with this request, they cannot take any enforcement action until/unless they do fulfill it. You'll need to enclose a £1 payment....I use a postal order myself.
Keep a copy of the request.
You can send it with your PAP response......but if sent separately, again get proof of posting.

Example s78 request.

https://legalbeagles.info/library/gu...etter-example/


Finally, send a Subject Access Request to Vanquis.
This should be 'no charge' per GDPR.
Again, keep a copy & proof of posting.
Example below.

https://legalbeagles.info/library/gu...ccess-request/

Data Rights Team
Vanquis Bank
PO Box 399,
Chatham
ME4 4WQ

[Pammy54]

Thank you so so much.
Just 1 question the letter from lowell solicitors the address is a p.o box should i send there or the head office address i have.
very much appreciate your time
kind regards

[charitynjw]

What is the name/address on the PAP letter?

[Pammy54]

Its a PO box

[charitynjw]

PO BOX 1411, Northampton, NN2 1BQ?

It's fine to send the s78 CCA request there.
Get proof of posting.
Whether or not you can 'track' (ie Royal Mail SignedFor) mail sent to a PO Box......I'm not sure.
Best to ask at your Post Office.
But you can ask for a free certificate of posting which is acceptable proof.

[Pammy54]

Great i will do that

[Pammy54]

Today I have received a letter from Lowell re another debt they have bought of mine from very, saying I still haven't agreed repayments.
Do I send the GDPR letter.
Many thanks in advance

[charitynjw]

Today I have received a letter from Lowell re another debt they have bought of mine from very, saying I still haven't agreed repayments.
Do I send the GDPR letter.
Many thanks in advance

Best start another thread for this one, Pammy.

We get easily confuddled in our dotage......2 cases on the same thread??......

[Pammy54]

Thank you i will do