Lowell Solicitors claim help

[Help2017]

Re: Lowell Solicitors claim help

Ok, that gives a clearer picture.

Have you asked for documentation via a Consumer Credit Act 1974 s78 request, c/w the statutory £1 fee?
& how much is the alleged debt?

Recon agreements are acceptable, certainly for s78 requests, as long as they are accurate.

Ok. The alledged debt is a shade over £2100. I can certainly write asking for documentation. Does payment of the fee equate to acknowledgement of the debt? I will draft a letter shortly

[charitynjw]

Re: Lowell Solicitors claim help

A CCA request is not an acknowledgement, it's just asking for relevant info.
The amount allegedly owed gives an indication of how much time, effort & money the debt purchase company might invest into chasing it.
£2.1k is a significant sum.
What they have sent so far looks ok, although it would not be CCA s78 compliant, but they can possibly rectify that by subsequently producing the needed documentation. (T&Cs relative to when the agreement was terminated, plus a signed statement of the account).
Did you receive at least annual statements after termination?

[Help2017]

Re: Lowell Solicitors claim help

I would have to check. I am sure they can't provide any documents signed by nyself. Is there a standard letter available that can be sent requesting the correct documents?

Thank you for your help

[charitynjw]

Re: Lowell Solicitors claim help

I'm guessing it was an online agreement.
If so, the 'tick-box' will probably be sufficient & a 'wet ink' signature will not be required.

On balance, yes, send a CCA request. (It goes to the debt purchase company, not the solicitor).
We suggest a £1 postal order endorsed 'For statutory purposes only.
Keep copies & get proof of posting.
http://legalbeagles.info/forums/show...y-of-Agreement

[Help2017]

Re: Lowell Solicitors claim help

Thank you. Does the postal order need to be in anyone's name?

Thank you for all your help. I'll prepare a letter today for sending over.

I assume we are in stasis until they either send back the documents, or don't

[charitynjw]

Re: Lowell Solicitors claim help

If you know the (new) creditor's name (the debt purchase co., not the solicitor), you could put that.
If not, leave the name blank.
Cross refer the CCA request with the p.o. (Bottom of CCA request, write Enc £1.00 postal order no. XXX.
They will have 14 days (12 + 2 for post) to comply, & then they cannot enforce any claim until they do comply.
It might be wise to send a copy to the solicitors (no fee needed with this one) with a covering letter stating that it is for information purposes only.