CCA request to lowells

[Esy 1]

Hi everyone, i sent a cca request to lowells regarding a debt and they have sent a reply i have attached the letters i have recieved, not sure if its the original letter of assignment not sure what it means or where to go from here, don't know what to do next, i have never recieved any letter of assignment from the original creditor or lowells, i also noted that the amounts owing are different, they are also asking for more time on the cca request, what happens after the 12 days, can they still chase, any advice would be really appreciated, thanks guys...:noidea:

[FlamingParrot]

Re: CCA request to lowells

Hi and welcome

img002 would be the notice of assignment, informing you they have bought your debt. They wouldn't send you the Deed, just the NoA you've got. Img001 is just a standard letter to tell you that they will have to contact the original creditor to obtain the documents you requested. This is standard with debt purchasers because they buy debts in bulk without the relevant paperwork.

If Shop Direct were the original creditor, it's not very likely they will have an agreement because they often sent out the goods purchased without requiring an agreement to be signed. Lowell can chase all they want, but won't be able to enforce in court without an agreement.

When did you open the Shop Direct account? Was it before or after April 2007? If it was before, it will very likely be unenforceable! :thumb:

When did you last make a payment? If you haven't paid anything since 2009, you only have a couple of years left before the debt becomes statute barred (only a year and maybe a few months if you happen to be in Scotland) :clock: so it's very important you don't to anything that could acknowledge the debt.

Lowell's response is pretty standard and, if the debt is unenforceable as it looks, I wouldn't worry too much about the amounts, although the amount seems to have gone down, have you made any payments or did they just get it wrong? :grin:

[Esy 1]

Re: CCA request to lowells

Hi thanks for your reply, its was around 1999 the account was opened, i made a couple of payments and my last payment was in oct 2009, as i was made redundant in 2008 and couldnt afford to pay it, no job. no i haven't acknowleged the debt

[FlamingParrot]

Re: CCA request to lowells

Sounds like Lowells don't have a leg to stand on! :dance:

You've got just a year and a half before this is SBd! :clock: :bounce:

Let's see what their next move is, keep an eye on the post and post up as soon you hear anything from the Leeds Losers.

[Esy 1]

Re: CCA request to lowells

Thanks for that i will and soon as i hear i will post asap

[Esy 1]

Re: CCA request to lowells

Hi everyone got this letter in the post this morning letter attached, they are trying to enforce it, i am still waiting on my cca request, nothing yet the 12 days will be up soon, not sure what to do about this letter any help would be really appreciated, thankyou

[FlamingParrot]

Re: CCA request to lowells

Hi everyone got this letter in the post this morning letter attached, they are trying to enforce it, i am still waiting on my cca request, nothing yet the 12 days will be up soon, not sure what to do about this letter any help would be really appreciated, thankyou

That looks like a letter of claim, albeit a non-compliant one, and you need to respond accordingly. Send the letter below by recorded delivery.

The crux of your dispute would be that Lowells have not complied with your s.77-79 request, you can provide details about your request. As this was a Shop Direct account, it's very possible you didn't actually sign a credit agreement, as they often didn't bother with them. If you think this was the case, then you can say so. The important thing is to respond as soon as possible.

Dear Sirs

Re your letter dated xxx.

Thank you for your letter, the contents of which i have noted.

Since your letter clearly refers to the threat of litigation, I am treating it as a formal letter of claim, albeit a defective one.

I refer you to the Civil Procedure Rules pre action protocol practice direction, in particular Annex A and Annex B, you will note your letter fails to comply with either of the aforesaid Annexes.

Since you are a firm of solicitors, I cannot excuse such failures and place you on notice that any litigation on the back of this letter will result in an immediate application to the Court requesting the matter stayed with costs against you and your client on the indemnity basis. I refer you to Para 4.6 of the Practice Direction which explains the consequences of non compliance with the Pre action protocol.

Turning to the subject matter of your letter, this matter is subject of a dispute which has been raised with your clients representatives and therefore it would be appropriate before you threaten litigation for your clients client to actively deal with the issues which i have raised.

The main crux of my dispute is _______________

Accordingly and in accordance with the CPR pre-action protocol practice direction i look forward to your reply setting out correctly the nature of your clients claim and answering my dispute as stated above.

Regards

[FlamingParrot]

Re: CCA request to lowells

For reference, this is what Annex A and Annex B refer to: http://www.justice.gov.uk/courts/pro...onduct#IDAVZA2

A proper letter of claim should contain a lot more information than what they've sent you, however, as they are saying a claim will be issued without further notice, it should be treated as such rather than a standard threat-o-gram.

ANNEX A

Guidance on pre-action procedure where no pre-action protocol or other formal pre-action procedure applies

1. General

1.1

This Annex sets out detailed guidance on a pre-action procedure that is likely to satisfy the court in most circumstances where no pre-action protocol or other formal pre-action procedure applies. It is intended as a guide for parties, particularly those without legal representation, in straightforward claims that are likely to be disputed. It is not intended to apply to debt claims where it is not disputed that the money is owed and where the claimant follows a statutory or other formal pre-action procedure.

2. Claimant’s letter before claim

2.1

The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –

(1) the claimant’s full name and address;

(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable);

(3) a clear summary of the facts on which the claim is based;

(4) what the claimant wants from the defendant;

(5) if financial loss is claimed, an explanation of how the amount has been calculated; and

(6) details of any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant.

2.2

The letter should also –

(1) list the essential documents on which the claimant intends to rely;

(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;

(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and

(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.

2.3

Unless the defendant is known to be legally represented the letter should –

(1) refer the defendant to this Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction; and

(2) inform the defendant that ignoring the letter before claim may lead to the claimant starting proceedings and may increase the defendant's liability for costs.

ANNEX B

Information to be provided in a debt claim where the claimant is a business and the defendant is an individual

1.

Where paragraph 7.4 of the Practice Direction applies the claimant should –
(1) provide details of how the money can be paid (for example the method of payment and the address to which it can be sent);

(2) state that the defendant can contact the claimant to discuss possible repayment options, and provide the relevant contact details; and

(3) inform the defendant that free independent advice and assistance can be obtained from organisations including those listed in the table below.

INDEPENDENT ADVICE ORGANISATIONS Organisation Address Telephone Number e-mail Address National Debtline Tricorn House FREEPHONE 0808 808 4000 National Debtline Call 0808 808 4000 51-53 Hagley Road Edgbaston Birmingham B16 8TP Consumer Credit Counselling Service (CCCS)
FREEPHONE 0800 138 1111 Debt help | Free debt advice for UK debt problems | Free debt management | CCCS
Citizens Advice Check your local Yellow Pages or Thomson local directory for address and telephone numbers Citizens Advice - the charity for your community Community Legal Advice (formerly Community Legal Services Direct)
0845 345 4345 http://www.clsdirect.org.uk

2.

The information set out in paragraph 1 of this Annex may be provided at any time between the claimant first intimating the possibility of court proceedings and the claimant’s letter before claim.

3.

Where the defendant is unable to provide a full response within the time specified in the letter before claim because the defendant intends to seek debt advice then the written acknowledgment should state –
(1) that the defendant is seeking debt advice;

(2) who the defendant is seeking advice from; and

(3) when the defendant expects to have received that advice and be in a position to provide a full response.

4.

A claimant should allow a reasonable period of time of up to 14 days for a defendant to obtain debt advice.

5.

But the claimant need not allow the defendant time to seek debt advice if the claimant knows that –
(1) the defendant has already received relevant debt advice and the defendant's circumstances have not significantly changed; or

(2) the defendant has previously asked for time to seek debt advice but has not done so.

Most of the above information has not been provided by the solicitors, which can only work in your favour :thumb:

[Esy 1]

Re: CCA request to lowells

Thanks for your reply, i have done the letter to them and i am sending it recorded delivery today. I will post it up asap when i hear anything from them thankyou again for your help in this matter.

[CleverClogs]

Re: CCA request to lowells

For reference, this is what Annex A and Annex B refer to: http://www.justice.gov.uk/courts/pro...onduct#IDAVZA2

Thank you; that was most helpful and I have added the URL to my "useful" file.

Most of the above information has not been provided by the solicitors,

One might wonder how much they get from having hired out their letterhead.

[Esy 1]

Re: CCA request to lowells

:noidea: Hi everyone sent the letter recorded delivery as FlamingParrot suggested on thread 7 and this is the reply i got, letter attached, not sure what to do now, any ideas would be appreciated thankyopu everyone for your help

[CleverClogs]

Re: CCA request to lowells

It would appear that Cohens are going to be a bit naughty, perhaps by taking Lowells' money for litigating in a case they cannot win or should not be able to win.

[FORCEOFONE]

Re: CCA request to lowells

Seems Cohen think that Nowell are not the creditor, so do not have to comply with the request

Clutching at straws

Just ignore them

I would love them to issue a claim after a response like that from a firm of solicitors

[FlamingParrot]

Re: CCA request to lowells

Seems Cohen think that Nowell are not the creditor, so do not have to comply with the request

Clutching at straws

Just ignore them

I would love them to issue a claim after a response like that from a firm of solicitors

Sounds more like they are trying to argue that they don't need to respond to a s.77-79 request once the account has been terminated, rather than disputing that Lowlifes are the creditor.

[FORCEOFONE]

Re: CCA request to lowells

Me thinks this is Cohen prostituting its letterhead again for Lowells

Mrs Patricia Jones v Link Financial Ltd

DEFINED WHO WAS THE CREDITOR