1... Lowells and bw legal again - plus 2... Opus card/nolans

[stressball]

Hi, I live In Scotland, and was served a stat demand from BW Legal, on behalf of lowell in February. I chose to set this aside, and did so in the timescale. I had proof of delivery to both BW and lowells to prove it.

However, they wrote to me with a 'without prejudice' letter after a few weeks saying I'd failed to comply and they were now taking the matter forward, but would give me a discount and settlement plan (which, seriously, nobody could afford) if I contacted them ASAP.

I wrote to them again and provided the proof of delivery for the stat demand, and then heard nothing. Until NOW...

They've written the same 'without prejudice' letter AGAIN.

My question is, should I ignore this, or should I now send them the proof of delivery of the stat demand AND the proof of delivery proving the proof of delivery of the stat demand again!!??


ALSO: had a card with citicard some years ago. They didn't respond to a CCA section 78 request, on my behalf, by a company at the time called credit issues, so I stopped paying - as they'd hiked the interest rate up to over 37% DESPITE ME NEVER HAVING MISSED A PAYMENT.

Haven't heard anything from them for years, until now. I've had a couple of letters from MARLIN dealing for an OPUS card. Never had a letter of assignment from Citi, and had to google OPUS to tie the two together. They actually wrote 2 letters, few days apart - in one they were telling me it was SHOOSMITHS who will be contacting me to collect payment, then in a second, identical, letter they said it would be NOLANS - who are a Scottish solicitor. Must admit to being a little bit twitchy about this one. Probably about one to one and a half years away from these being statute barred, so want to make sure I do everything to ensure I'm not admitting any liability etc here.

ANY ADVICE, ON BOTH COUNTS, MOST WELCOME PLEASE!!!

[Johnboy007]

Re: 1... Lowells and bw legal again - plus 2... Opus card/nolans

Hi,
They are using the old 'Without Prejudice' routine.
Letters sent with that on, cannot be produced in any court. Unless both parties agree.
So any deal you may agree on, you cannot prove in court. So the robbers can deny it.
I personally would choose to ignore them.
If you have any proof of delivery etc; keep it to yourself.
Always handy if you need to go to court in the future.
The game here, and it is a game. Is to see who buckles first.
You or the legal robbers.
Don't admit to anything, let Lowell and Co do all the chasing.
If you contact them, then you are making a contract.
So play them at their own game.
A year and a half is a long time, but if you are mentally strong enough.
Play it out.
Deny the debt exists and keep asking them for information such as....
Validation of the alleged debt (the actual accounting), not a Photostat copy.
Give them ten days to reply.....
Then ask them......
Verification of the debt (a sworn affidavit or a hand signed invoice)
Give them another ten days to reply.
Example:
I hereby give you ten (10) days to reply to this letter from the above date with a notice sent using recorded post and signed under full commercial liability and penalties of perjury, assuring and promising me that all of the replies and details given to the above requests are true and without deception, fraud or mischief.
Your said failure to provide the aforementioned documentation within ten (10) days, from the above date, to validate the debt, will constitute your agreement to the following terms:

1. That the debt did not exist in the first place;
OR
2. It has already been paid in full;

Keep asking questions if you have too.. Delaying tactics is the key here.
The only weapon these companies have is 'FEAR'......
Take away the fear and it is just one big game.
Keep copies of all letters sent or received.
Send all letters by recorded, signed for.

Good luck mate.

[Kafka]

Re: 1... Lowells and bw legal again - plus 2... Opus card/nolans

You should separate the two cases into different threads or it will just confuse anyone reading.

[Amethyst]

Re: 1... Lowells and bw legal again - plus 2... Opus card/nolans

Regarding the Stat Demand - if you have a look at other threads in the Scotland Stat Demand forum you'll see that they do tend to pretend they haven't recieved the set aside.
'' My question is, should I ignore this, or should I now send them the proof of delivery of the stat demand AND the proof of delivery proving the proof of delivery of the stat demand again!!??'' basically YES.

Regarding Opus - send another CCA request - Opus are pretty poor at sending these so will help serve as any defence should they take action.

And yes, put the Opus / Marlins etc claim on a separate thread to save any confusion further down the line.


And apologies to Johnboy but regarding this...

Hi,


Deny the debt exists and keep asking them for information such as....
Validation of the alleged debt (the actual accounting), not a Photostat copy.
Give them ten days to reply.....
Then ask them......
Verification of the debt (a sworn affidavit or a hand signed invoice)
Give them another ten days to reply.
Example:
I hereby give you ten (10) days to reply to this letter from the above date with a notice sent using recorded post and signed under full commercial liability and penalties of perjury, assuring and promising me that all of the replies and details given to the above requests are true and without deception, fraud or mischief.
Your said failure to provide the aforementioned documentation within ten (10) days, from the above date, to validate the debt, will constitute your agreement to the following terms:

1. That the debt did not exist in the first place;
OR
2. It has already been paid in full;

I'm afraid I disagree and we seriously do not recommend the ''three letters'' route at all.

[Amethyst]

Re: 1... Lowells and bw legal again - plus 2... Opus card/nolans

On the Without Prejudice front - they can only use it to cover the offer of settlement - as that part can't be discussed in court, but the other parts of the letter not directly relating to the negotiation/settlement offer can be.

[stressball]

Re: 1... Lowells and bw legal again - plus 2... Opus card/nolans

guys - sorry for slow reply, but many thanks on advice. I'm ignoring both of them. I have all the proof of delivery I need for BW Legal, and as for Opus, I've had threatening letters like this before, and it never goes anywhere. If they take it to the next stage, then I'll SAR them - am I right in saying that this puts a hold on any legal action until they comply etc...? Or am I getting it mixed up with something else?

[Johnboy007]

Re: 1... Lowells and bw legal again - plus 2... Opus card/nolans

Regarding the Stat Demand - if you have a look at other threads in the Scotland Stat Demand forum you'll see that they do tend to pretend they haven't recieved the set aside.
'' My question is, should I ignore this, or should I now send them the proof of delivery of the stat demand AND the proof of delivery proving the proof of delivery of the stat demand again!!??'' basically YES.

Regarding Opus - send another CCA request - Opus are pretty poor at sending these so will help serve as any defence should they take action.

And yes, put the Opus / Marlins etc claim on a separate thread to save any confusion further down the line.


And apologies to Johnboy but regarding this...



I'm afraid I disagree and we seriously do not recommend the ''three letters'' route at all.

Well it worked for me..... Twice.
Can I call you Boss Lady?