Lowell : Letter of Claim received

by Hellsbells6721 Wed Feb 12, 2020 10:20 am

Hi, I was a member of the original, Get out of debt free, site and back in 2016 I used the three letter templates to respond to my creditors, All was quiet for a while, but over the last year or so Cabot and Lowell have started writing/ ringing me on a regular basis. Cabot even threatened me with continuous calls until I respond.
Today, I am seeking your advice on a Lowell account. Having sent them the first 3 letters back in 2016, I heard nothing for a long time, but then it all started again about a year ago. In response to the original 3 letters sent, I received a photocopy of the digital application details, followed by a printout of transactions/ payments made, a month later. It was not an official statement. Previous to this, I did receive a letter from Vanquis (the original creditor) giving a notice of assignment, that the due debt had been sold to Lowell. I also received a letter, dated the exact same day, stating that they had bought the debt.
I have now received a letter, dated 19/01/2020, telling me that I have 30 days to respond or to make a one off payment. I have therefore started the 3 letter process again. Any advice would be gratefully received.

Regards

Hellsbells6721

by waylander62 Wed Feb 12, 2020 11:55 am

is this an official letter before action ? with the necessary forms enclosed for you to fill in and reply with ?

giving you 30 days to respond or they will issue a claim ?

have you ever received a default notice ? from either vanquis or lowell ?

by Hellsbells6721 Wed Feb 12, 2020 1:24 pm

Hi, no it is not titled letter before action. It just says Letter of Claim. Also, you may be interested to know that the default date was December 2014, so I think they are pursuing more aggressively as it will be statute barred this year.
Many thanks for responding

Hellsbells6721

by waylander62 Wed Feb 12, 2020 8:32 pm

hi

first of all i would start a different thread for each one because it can get confusing, documentation can become mixed up resulting in the wrong opinions for the wrong debt.

ok it says letter of claim, but did it have forms enclosed and did the letter state that forms were enclosed and that you have 30 days to respond or they will issue a claim or start court proceedings or words to that effect ? i ask because your 30 days are almost up and next thing you know you have a claim form land on your mat.

by Hellsbells6721 Thu Feb 13, 2020 10:36 am

Hi Waylander62,
No, there were no forms, it just said that they would take matters further if I did not respond within 30days of the date of the letter.
I have sent the first of the three letters but I used the one for DCA’s. Should I send the first one for DO’s next or just carry on with the second letter?

Many thanks

Hellsbells6721

by waylander62 Thu Feb 13, 2020 2:51 pm

you could just carry on with the second letter but i think they will simply ignore them to be honest.

but at least you have replied to their letter.

personally i would send off a SAR to vanquis next.

by Hellsbells6721 Thu Feb 13, 2020 8:51 pm

Hi,
Will the SAR make any difference or will they ignore this too?

Many thanks

Hellsbells6721

by **daveiron** Thu Feb 13, 2020 9:05 pm

They have a legal obligation to comply with your SAR .

by waylander62 Thu Feb 13, 2020 9:25 pm

Hellsbells6721 wrote:Hi,
Will the SAR make any difference or will they ignore this too?

Many thanks

Hellsbells6721

SAR goes to vanquis and they have to comply within 1 calender month, SAR can make a difference yes

by Hellsbells6721 Thu Feb 13, 2020 10:00 pm

Thanks, I will do that and also continue with the lettes

by **Mrblue2015** Fri Feb 14, 2020 7:38 am

daveiron wrote:They have a legal obligation to comply with your SAR .

DaveIron is correct, but from experience the often take longer than a month and/or do not provide all of the data they are legally obligated to provide. So the sooner you send off your SAR, the better Smile

by Hellsbells6721 Fri Feb 14, 2020 8:04 pm

Thanks so much it will be done tomorrow.

Regards
Hellsbells6721

by **Mrblue2015** Fri Feb 14, 2020 10:18 pm

You’re welcome buddy

by Hellsbells6721 Sat Feb 15, 2020 10:57 am

In my original post I stated that I had received a notice of assignment from Vanquis Bank stating that they had sold my account to Lowell on 27/04/2016. On closer inspection, I noticed that the address and phone number is that of Lowell, not Vanquis bank, even though the Photocopied signature is from an A Appleby ( Vanquis Bank )! Surely this is deception ?
Also, according to my credit report this debt was defaulted on31/12/2014, before they even purchased it! Am I right in thinking they are chasing me more vigorously as it will be statute barred in 10 months ?

Thanks in anticipation

Hellsbells6721

by **Mrblue2015** Sat Feb 15, 2020 11:24 am

Debt purchasers are given permission by creditors (eg Vanquis) to create a Notice of Assignment in their (ie Lowell) name.

Makes sense that the Vanquis account would have defaulted before Lowell bought it.

They could be chasing it as it’s running out of time, but, regardless (ie who gives a damn) they can’t get away from the fact that they need to evidence the alleged debt Wink

by Hellsbells6721 Sat Feb 15, 2020 11:28 am

Thanks Mrblue, Iwill keep you updated.

Hellsbells6721

by **Mrblue2015** Sat Feb 15, 2020 12:46 pm

No problem mate.

by Hellsbells6721 Mon Feb 17, 2020 10:04 am

hi,

I am about to write a SAR to Vanquis, do I address it to the CEO and do you have these details on this site?

Many thanks

Hellsbells6721

by **LionsShare** Mon Feb 17, 2020 10:19 am

you could try a search on

https://companycheck.co.uk/

by **LionsShare** Mon Feb 17, 2020 10:20 am

with your SAR make sure you get that asked for, they are quite fond of giving what they think you asked for.

by Hellsbells6721 Mon Feb 17, 2020 10:22 am

Many thanks

by **Mrblue2015** Mon Feb 17, 2020 12:12 pm

Simply address to "The Legal Department" (Then they'll know who direct your SAR to).

by **Mrblue2015** Mon Feb 17, 2020 12:15 pm

Keep the SAR simple as follows:

"This is a Data Subject Access Request. Please supply all of the data that you hold for <enter your name and address> including any and all documents that include my personal data. Please supply all data held, within the one calendar month as per the DPA requirement."

Send using the Royal Mail Signed For service (approx. £1.90) That's really all you need, so just keep it simple. Smile

by **Mrblue2015** Mon Feb 17, 2020 2:40 pm

LionsShare wrote:with your SAR make sure you get that asked for, they are quite fond of giving what they think you asked for.

Isn’t that the truth... And they can take months!

by Hellsbells6721 Mon Feb 24, 2020 1:57 pm

Excuse my delay in updating you. Lowell responded to my letter dated 07/02/20 on 13/02/20 , however, I must have received this on or after 19/02 as I was away working until 22/02. I would like to upload this letter but I am not having much success, any help would be appreciated.

Thanks
Hellsbells6721

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