Lowell solicitors letter of claim

[Oligunner]

Hi

Received a letter of claim from lowell today regarding a shop direct debt of just over £1k

Originally defaulted about 4 years ago i think. As i hit difficulties i failed to keep up payments but I remember requesting a payment book from shop direct to try pay it off at a post office in installments but i never received one.

I then started getting lowell letters but i was ignoring them.


As i received this letter today i think I panicked and emailed them.

On my email i stated i never recall the debt being passed to them

However i also queried if there is a offer of discounted payment available as i cant afford the whole balance.

My question now is have i just ruined any chances of stringing it out myself for another while as i think i have just mistakenly agnoleged the debt.

Thanks.

Any advice is greatfull accepted

[warwick65]

Re: Lowell solicitors letter of claim

Ok
So dont panic

I am assuming the letter is from Lowell Solicitors and is headed either Letter of claim or Letter before action?

Have you ever sent a CCA request?

If not get one sent off now to Lowell and copy in the solicitors, there is a fee of £1
Send the request off using royal mail signed for post
http://legalbeagles.info/forums/show...y-of-Agreement

that is a link to the CCA request

Then I would send the following to the solicitors

Dear Sirs
Ref: xxxxxxx
Thank you for your letter dated xx/xx/2017. 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.
In addition a S78 request has been sent and I am awaiting response.
I shall being 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,

This should
a) slow them up a little
b) Make them look for the things they need

[MENTION=87380]Diana M[/MENTION] any other thoughts?

[Oligunner]

Re: Lowell solicitors letter of claim

No never sent a cca

Just looked on noddle it states defaulted on 11/2013 with a balance of £1,086

Now the balance is £1170 are these unlawful charges ?

However i will get both letters off asap

Thanks

[warwick65]

Re: Lowell solicitors letter of claim

The new balance may include the potential court and legal fees. If they.do they are not unlawful i dont think.

[Oligunner]

Re: Lowell solicitors letter of claim

The 2 balances are on my credit file i have a potential higher balance on the letter stating what it may be if they issue a claim.

I may not have access to a printer would the cca request be ok written by hand?

[warwick65]

Re: Lowell solicitors letter of claim

I dont see why you can't hand write one

There has been some worry about providing signatures which can be copied and I have always signed digitally but if you can copy the letter you would have some proof the signature had been lifted ( if it had)