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Lowell... Need I carry on? Pre-Legal . . .

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  • #1

    Lowell... Need I carry on? Pre-Legal . . .

    Hi all,

    Firstly thanks for all of the information you guys have put up, so far I have managed to keep the lowlife at bay however I feel they are about to pounce so could do with some help / advice if possible

    I ran into some financial issues back in 09/10 Job loss & a seperation, I have (stupidly?) ignored all the lowell toilet paper however have just received a second 'pre legal assessment' letter. This time worded 'We will take legal action' however it follows on to offer a 20% discount.

    I'm pretty sure this was an overdraft and therefore not sure where I stand using the three letter process?

    I could possibly beg borrow and sell myself (maybe not) to pay it off over a period however as the debt goes SB in a few months I was wondering if it's worth trying to delay the process?

    'IF' i was to start a payment plan with Lowell how does that read on your credit report? With the default coming off in a few months would my report show payments 50 months overdue until cleared or green and up to date as a loan would?


    Any help / advice would be much appreciated.

    Thanks
    Tags: None
  • #2
    Re: Lowell... Need I carry on? Pre-Legal . . .

    Originally posted by lowelllife View Post

    I'm pretty sure this was an overdraft and therefore not sure where I stand using the three letter process?
    Hi lowelllife

    Could you please explain exactly what the 3 letter process is? (Citing relevant legislation/precedent case law/any other legal authority).
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment

    • #3
      Re: Lowell... Need I carry on? Pre-Legal . . .

      Originally posted by charitynjw View Post
      Hi lowelllife

      Could you please explain exactly what the 3 letter process is? (Citing relevant legislation/precedent case law/any other legal authority).
      I suspect it is probably something taken from a website where you sen 3 letters and by the third you tell the creditor they are estopped from bringing a claim against you.. which is of course not true.
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
      - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
      LEGAL DISCLAIMER
      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.
      • 1 thank

      Comment

      • #4
        Re: Lowell... Need I carry on? Pre-Legal . . .

        Hi Charitynjw,

        Apologies i'm new to the forum and had seen a few cases where shortly before a court case you would send off a 'prove it' letter followed by a couple more letters, all recorded delivery by way of forcing their hand so to speak?

        Once again apologies, have spent a while searching the forum however first time poster.

        Many thanks

        Comment

        • #5
          Re: Lowell... Need I carry on? Pre-Legal . . .

          Whilst you await some further guidance it might be useful ti give us some further information.

          1. Who is the original creditor and has it been assigned? Who is Lowell acting on behalf of
          2. If its been assigned did you receive any notification that it was assigned?
          3. How much is the amount for
          4. When was the agreement taken out and when did you stop making payments
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          LEGAL DISCLAIMER
          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.
          • 2 likes

          Comment

          • #6
            Re: Lowell... Need I carry on? Pre-Legal . . .

            Originally posted by R0b View Post
            I suspect it is probably something taken from a website where you sen 3 letters and by the third you tell the creditor they are estopped from bringing a claim against you.. which is of course not true.


            Originally posted by lowelllife View Post
            Hi Charitynjw,

            Apologies i'm new to the forum and had seen a few cases where shortly before a court case you would send off a 'prove it' letter followed by a couple more letters, all recorded delivery by way of forcing their hand so to speak?

            Once again apologies, have spent a while searching the forum however first time poster.

            Many thanks
            Ok, now imagine you're in court & a judge asks you the same question.

            Unless you can convince him/her that it's valid.............................:noidea:
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb

            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.

            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment

            • #7
              Re: Lowell... Need I carry on? Pre-Legal . . .

              Originally posted by R0b View Post
              I suspect it is probably something taken from a website where you sen 3 letters and by the third you tell the creditor they are estopped from bringing a claim against you.. which is of course not true.
              Something I have seen on this site, the reason I mentioned it was that a few people have said it does not apply with an overdraft as there would have been no agreement in place as overdrafts are not usually a signed agreement?

              Comment

              • #8
                Re: Lowell... Need I carry on? Pre-Legal . . .

                Originally posted by R0b View Post
                Whilst you await some further guidance it might be useful ti give us some further information.

                1. Who is the original creditor and has it been assigned? Who is Lowell acting on behalf of
                2. If its been assigned did you receive any notification that it was assigned?
                3. How much is the amount for
                4. When was the agreement taken out and when did you stop making payments

                1. Barclays
                2. To Lowell? possibly 2012?
                3. £1800
                4. Overdraft taken out 05/06? / Bank closed account August 2010

                Comment

                • #9
                  Re: Lowell... Need I carry on? Pre-Legal . . .

                  Originally posted by charitynjw View Post




                  Ok, now imagine you're in court & a judge asks you the same question.

                  Unless you can convince him/her that it's valid.............................:noidea:
                  Post #6
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb

                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.

                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment

                  • #10
                    Re: Lowell... Need I carry on? Pre-Legal . . .

                    I would really like to avoid court that's the reason i came here

                    Comment

                    • #11
                      Re: Lowell... Need I carry on? Pre-Legal . . .

                      As R0b asked (above) - when did you last pay into the account? (date a/c closed is not that important).

                      Also, have you acknowledged the alleged debt in writing during the last 6 years?
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb

                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.

                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick
                      • 1 thank

                      Comment

                      • #12
                        Re: Lowell... Need I carry on? Pre-Legal . . .

                        Last payment would have been around 08/2010 so not SB and have not acknowledged it since.

                        Comment

                        • #13
                          Re: Lowell... Need I carry on? Pre-Legal . . .

                          Originally posted by lowelllife View Post
                          Last payment would have been around 08/2010 so not SB and have not acknowledged it since.
                          Authorised or unauthorised O/D?
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb

                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.

                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment

                          • #14
                            Re: Lowell... Need I carry on? Pre-Legal . . .

                            Was authorised I believe

                            Comment

                            • #15
                              Re: Lowell... Need I carry on? Pre-Legal . . .

                              IMHO

                              Ok, so not SB.

                              If it was me, I would send a CCA request (+ £1 PO +proof of posting) to Lowells. (They have to send details within 12 [+2] days. Until they comply, they are barred from taking court action until they do comply)

                              - - - Updated - - -

                              IMHO

                              Ok, so not SB.

                              If it was me, I would send a CCA request (+ £1 PO +proof of posting) to Lowells. (They have to send details within 12 [+2] days. Until they comply, they are barred from taking court action until they do comply)
                              http://legalbeagles.info/forums/show...y-of-Agreement
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb

                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.

                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick
                              • 1 thank

                              Comment

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