Help and advice on Lowell Solicitors

[jason1]

Hi

I have received many bits from Lowells over God knows how long, previously challenged on another allied debt and heard no more.

The letter I reviewed today (dated 23rd) states they have not heard regarding my NewDay account and are instructed by Lowell Portolio to commence legal action against me in the CCBC.

Usual 14 days but this time stating that if no response there will be no further follow up from them and they will file against me

Balance 998.78
Estimated interest 79.90
Court fee 70
Solicitor cost 80
Total 1228.68

Failiure to reply blah blah
What to do now blah blah

Usual descriptions of what could happen with a Conor if I fail to pay - warrant of control etc

IF I DISPUTE THIS DEBT I AM ENCOURAGED TO TELL THEM WHY, THEN DETAILING THAT THE COURT WILL HERE BOTH PARTIES

Signed by Lowell Solicitors

so

I obviously don't want court, is it worth starting the letters? (the 3 letter process I have previously sent from Getoutofdebtfree)

The address this is from is PO box 1419, Northampton, NN21BU.
REGISTERED OFFICE - Ellington House, 9 Savannah Way LS101AB

All advice or help great fully received

Cheers

[Stu]

Re: Help and advice on Lowell Solicitors

I read the other day that this "3 letter process" is nonsense ..... Get a CCA request sent out asap today even send via Royal Mail signed for with a £1 postal order clearly marked on both sides with "Statutory fee only" and keep records of delivery. In my recent experience with Lowell they won't reply and just ignore your request and start proceedings anyway as was my case, so send the CCA and wait for their next move Jason.

[jason1]

Re: Help and advice on Lowell Solicitors

I know I need to read a bit more, however what is a CCA request? Cheers

[Stu]

Re: Help and advice on Lowell Solicitors

http://legalbeagles.info/forums/show...y-of-Agreement

If you request this and they can't produce it, the debt is not enforceable in court...
[MENTION=42011]Nem[/MENTION] is the best person for more indepth advice

[charitynjw]

Re: Help and advice on Lowell Solicitors

http://legalbeagles.info/forums/show...y-of-Agreement

If you request this and they can't produce it, the debt is not enforceable in court...
@Nem is the best person for more indepth advice

[MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: Help and advice on Lowell Solicitors

I know I need to read a bit more, however what is a CCA request? Cheers

A request made under provisions laid down in sections, 77/78 or 79 of the Consumer Credit Act 1974 (as amended). Usually sent to the claimant on a CC Claim.

This obliges the recipient to produce a true copy or a reconstituted copy of the agreement within a statutory time scale of 12 +2 working days, ( Bank Holidays and weekends are not counted) If the recipient cannot/does not comply the debt is rendered unenforceable UNTIL the agreement is produced. ( see template in green box above).

There is a £1.00 statutory fee for the request, use a Postal Order marked " For Statutory Fee Only" on both sides to prevent the recipient allocating the fee as a payment to the alleged debt. Make a copy of the PO and keep for your records.

Always use signed for post check date delivered and the signature ( print a copy) the 12 +2 Working Days starts the day the request is delivered.

nem

[jason1]

Re: Help and advice on Lowell Solicitors

Really helpful and much appreciated

[Guest]

Re: Help and advice on Lowell Solicitors

Hi Jason
If it helps have a look at my thread where I have had almost exactly the same thing happen to me in April.
I sent a CCA request to lowell and also a letter to lowell solicitor asking for the documents they were going to rely on in court.

To date, which is over a month later I have heard nothing , I know they received the letter because I sent them signed for post. If you want the letter I will see if i can post it on here.

I am not promising that it will work but it should buy you some time

[jason1]

Re: Help and advice on Lowell Solicitors

Would be greatful if you could, appreciate your time

[Guest]

Re: Help and advice on Lowell Solicitors

That is a version of what i sent, as I am not at home I am not 100% certain that it is the exact one. I was advised to send it by a registered debt advice agency ( my Union offer this service)
I also sent the CCA request to lowell and mentioned it in the letter.
Remember to send it by signed for post

Thank you for your letter dated INSERT DATE. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”
Paragraph 6 states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6 (c) of refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.
I require copies of the following:
1. The original Agreement;

1. The Default Notice;
2. The Notice of Assignment
3. Statements of account;

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.

I shall be able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.
Yours faithfully,

[piratepeter63]

Re: Help and advice on Lowell Solicitors

hi every one, im having the same problem with lowells over a vodafone account , i have requested on three occasions for a copy of the signed credit agreement, and also sent three seperate cheques for the imformation , and still not received anything, only a threat for a ccj against me, i have also stated that this account is statue barred, now there next trick is they want a mediation over the phone which will take over an hour as stated and have given me three dates for this to happen, bearing in mind as stated on there letter i will have a mediation with someone who is not legally trained,
what the hell is going on out there, its just the same as council tax no real courts and no real judges.

[jason1]

Re: Help and advice on Lowell Solicitors

Ignorance apologies but
- whom to address to At Lowell Solicitors?
- Whom do I make out the postal order to?

Cheers all, really appreciate this and will be sending this out today

[Guest]

Re: Help and advice on Lowell Solicitors

Hi Jason

I just sent my letter to Lowell solicitors at the address on the letter

I can't remember now but I sent a cheque which I think I left blank, it seems that if they want to play silly beggers they will whatever you do i.e leave it blank they return it sometimes saying it needs filling in ( as if they couldn't do that) fill it in and they return it saying that it has been incorrectly done i.e they want a different one of their trading names used. However I have not had mine returned