Lowell CCJ letter (advice needed)

[Kris_G]

Morning All. The missus received a 'pay now or CCJ will be obtained' letter form Lowell & Lowell Solicitors just before Christmas. She looked around on here and found some great advice and some 'prove it' templates that she filled in and sent off (recorder and signed for). Lowell solicitors have sent a reply through today (see attached). We are wondering if they can use the 'requesting information from a third party' as a way of getting around the 14 day time limit.

As a side note, we have checked her credit file (equifax, experian, noddle and clearscore) and this debt doesn't appear on any of them???

any help or advice would be greatly appreciated.
many thanks kris

[Stu]

Re: Lowell CCJ letter (advice needed)

Does your wife recall the debt? if so when was the last payment?. They say they have started legal action!! Has your wife received any papers from Northampton county court? It is also a pre 2007 agreement so they must supply the original signed agreement or a copy of the original ...

[sloane82]

Re: Lowell CCJ letter (advice needed)

Ok Halifax could owe you PPI so get this checked by contacting the bank Lowell not sure if they can add charges, get a subject access request pay 10 pounds and get all information regarding the account also contact Halifax bank and make a complaint and see if you have had any ppi on the account.

[warwick65]

Re: Lowell CCJ letter (advice needed)

Hi Kris
As Stu says , the letter says legal proceedings have commenced so it is important to know if a claim form has been issued and when. Have you moved at all in the last few years
Just beware though, Lowell Solicitors do not always write accurate letters for example when they issued a claim against me they wrote back saying they would not provide various documents - funny thing was most of those documents i hadn't asked for

How much (roughly) is the debt

While it is true they often need to provide a signed agreement with all the prescribed terms , in law what they need to demonstrate is that on balance one was signed - judgements have been granted with no signed agreement - google arrow global v frost

As for PPI, that is probably a red herring at the moment as you need to make sure any claim is defended however if a claim has been issued a Subject Access Request to Halifax is in order to find out what documents they have ( or do not have) on file
[MENTION=87380]Diana M[/MENTION]

Things are a bit quiet at the moment on the forum due to the holidays so may not be back to normal until middle of next week.