Is it to late for the 3 letters process

by Mikeyjohn Sat Sep 29, 2018 9:39 pm

I'm in the process of clearing 3 credits cards but my wife refused to have a go
She is in debt with 3 credit card with 1 card she can not pay they had been phoning her she just agreed to do the income expenditure
Is it to late to do the 3 letter process for she is willing to have a go

by **daveiron** Sun Sep 30, 2018 8:28 am

Hi,
At what stage is this one at ? Has she only recently defaulted ? Is it still with the OC ?

by Mikeyjohn Sun Sep 30, 2018 11:09 am

Missed more than 3 payments, then she spoke to them hoping if can help her, they said she needs to fill out income expenditure form, not heard since not received any form to fill out

by Mikeyjohn Mon Oct 01, 2018 6:59 pm

Hi Daveiron
Please can you confirm if it's ok for my to start the 3 letter process

by **daveiron** Mon Oct 01, 2018 7:21 pm

Hi.

I presume its still with the original creditor. If so start the letters,

https://goodf.forumotion.com/t1153-new-alternative-letters-for-original-lenders-bank-credit-cards

I would not do the income expenditure form ,its nothing to do with them & its an attempt to get you to start a payment plan / admitting the debt.

by Mikeyjohn Wed Oct 03, 2018 10:57 am

Thanks for the advice

by Mikeyjohn Fri Oct 19, 2018 7:11 pm

I've just received this letter from wescot saying refer back to original creditor then I got another letter from Robertson way debt collectors with the same account number shall I just Carry on with the 3 letters process

by Mikeyjohn Tue Oct 23, 2018 2:30 am

Hi daveiron
I suppose I should just carry on with the 3 letter process against Robertson way debt collectors
It seems strange that Weston debt collectors gave up on me and it's gone straight to another debt agency
Please confirm that I should just carry on with the 3 letter process

by **daveiron** Tue Oct 23, 2018 9:08 am

Hi,
I would complete the 3 letters with Wescot,and start again with Robbing Way.
Wescot clearly believe they are now wasting their time & more importantly their money by carrying on.

by Mikeyjohn Tue Oct 23, 2018 11:33 am

Thanks
just hearing from you gives me more confident to carry on

by Mikeyjohn Thu Nov 01, 2018 8:24 pm

I got another letter from Robertson debt collectors there is no name on the letter for me to for to address to it says contact manager with signatures
Can I still do the 3 Letter process or just wait for a name on the letter

by **daveiron** Fri Nov 02, 2018 8:27 am

Hi mikeyjohn,

Yes do the letters with them, If their reply does not contain a name ,you could also send a letter stating
that you will not correspond further unless their correspondence contains a name.
Up to you as it is asked for in the 3 letters anyway.

by Mikeyjohn Fri Nov 02, 2018 9:08 am

Ok thanks

by Michael Tue Apr 27, 2021 5:58 pm

Hi
I've not been on this for over a year, I've got a issue with lowell, I've done the 3 letter's and estoppel in November 2020 they sent me the credit agreement form with my signature on it I wrote back saying it not a contract after that I've been receiving letters from lowell on a monthly basis saying we can come to a agreement with a discount rate which ignoring
Just received a letter from a solicitor saying notice of acting where do I go from here your advice much appreciated

by **daveiron** Tue Apr 27, 2021 7:35 pm

My guess is if they keep offering discounts,they do not have all they need
to enforce this.
Try this;
https://goodf.forumotion.com/t4987-notice-of-conditional-acceptance-for-debt-purchasers-only

Then research the contents of it. (thats important)
Also send an SAR to the original creditor.

by **Mrblue2015** Tue Apr 27, 2021 9:19 pm

Michael wrote:Hi
I've not been on this for over a year, I've got a issue with lowell, I've done the 3 letter's and estoppel in November 2020 they sent me the credit agreement form with my signature on it I wrote back saying it not a contract after that I've been receiving letters from lowell on a monthly basis saying we can come to a agreement with a discount rate which ignoring
Just received a letter from a solicitor saying notice of acting where do I go from here your advice much appreciated

Please can you create a new post in the ‘Debt’ section with a meaningful title. Thank you.

by Mikeyjohn Mon May 03, 2021 3:25 pm

Lowell and overdales solicitors
Thanks for the conditional acceptance form I will be sending one to lowell and a copy to overdales solicitors please can you explain sar for the original creditor I e not done this for a while

by **daveiron** Mon May 03, 2021 3:54 pm

SAR = Subject Access Request

'Dear xxx This is a Subject Access Request. Please provide any and all data
you hold regarding (your name)'

Thats all you need to send, It will show what info the Original Creditor
has .

by **Mrblue2015** Mon May 03, 2021 5:50 pm

Mikeyjohn wrote:Lowell and overdales solicitors
Thanks for the conditional acceptance form I will be sending one to lowell and a copy to overdales solicitors please can you explain sar for the original creditor I e not done this for a while

If Lowell and Overdales relate to the same alleged debt (I suspect Overdales are acting on behalf of Lowell?) then only write to Overdales.

Also let us know IF Overdales (or Lowell) reply with a signature from an actual individual...

by Mikeyjohn Mon May 03, 2021 6:58 pm

Lowell sent a letter saying they are sending it over to overdales there approved debt collection agencies with signature, overdales sent letter saying notice of acting no signatures with a po box address
Do I need the proper address for overdales

by **daveiron** Mon May 03, 2021 7:39 pm

Never send to a PO box. Overdales address
Registered office: Ellington House, 9 Savannah Way, Leeds Valley Park, Leeds, LS10 1AB.
Its also not a bad idea to get proof of postings (no charge)

Lowells address (look familar ?) registered offices at Ellington House, 9 Savannah Way, Leeds, LS10 1AB.

by **Mrblue2015** Mon May 03, 2021 7:57 pm

Yep agreed with DaveIron. Also I bet that (as per the similar address) Overdales are nothing but an in-house Debt Collection Agency (DCA) - ie OWNED by Lowell - masquerading as a ‘proper’ solicitor...

So, just treat them like a DCA / send them the NoCA for Debt Purchaser as per DaveIron’s advice, BUT tweak the NoCA as you’re dealing with a DCA (Overdales) not a Debt Purchaser. Eg where the NoCA says “your claim” change this to “your clients claim” etc...

by Mikeyjohn Mon May 03, 2021 9:19 pm

Lowell and overdales letter was in the same envelope

by **Mrblue2015** Tue May 04, 2021 12:01 am

Sorry, I’m not sure what point you’re making?

Earlier you said “ Lowell sent a letter saying they are sending it over to overdales their approved debt collection agency”. So you deal with Overdales. Simple.

by **assassin** Tue May 04, 2021 2:54 am

Its very simple, if we look at the Commercial Law 10 maxims, particularly Maxim 4 it states the following

Truth Is Expressed In The Form Of An Affidavit

This means that the affidavit must be true, correct and complete if it unsigned it is incomplete as only a human being can accept liability for an affidavit, this also means if nobody is accepting liability for this claim it is not complete and inadmissable in law; it must also have full accounting to be complete so is there full accounting?

If not there is no claim and it would be dismissed from any court (if they even accepted the case) on the grounds of "procedural impropriety".

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