Lowell Solicitors

by shuai Sun Dec 30, 2018 7:42 pm

Hi everyone, I used to post on GOODF and was really distressed earlier this month when I found out it had been taken over. Eventually I found this site a couple of days ago, but am having difficulty finding my round it.
In brief, in 2016 I used the 3 letter approach to Vanquis bank who claimed I owed them nearly 4000. This then went to Robinson Way and from there to Lowell. The latter have been very persistent, phoning every day for almost a year and regular letters. Some of the letters offered a 30% discount.
I didn't write or or answer the phone to anyone in Lowell.
After several pre-legal assessment letters, on Dec 1st, they sent a letter saying they intended to take me to court. The 30 day period in which to contact them is up today.
I have no idea what I should do now.
I have had chronic depression and panic attacks for a long period and just getting onto this website has been a real effort. I find it difficult to wash and eat and have become isolated from friends from family.
If I can do something about this Lowell thing then it would be a real boost.
I am sorry if there are threads which are similar, but I couldn't really understand many of them.
Any thoughts on how to respond would be much appreciated.

Shuai

by waylander62 Wed Jan 02, 2019 8:32 pm

you will have received an official letter before action by the sounds of it whereby you have 30 days to respond which now appear to be up.

you need to respond immediately requesting documents that you are entitled to and blame christmas for the delay in returning your response

but DO IT NOW !

by shuai Fri Jan 04, 2019 4:50 pm

Thank you waylander. On their reply form I ticked Box G saying delay because of Xmas. I then ticked box 1 in Section 4 requesting copies of written contract of debt, copy of notice of assignment of debt and various other things regarding the calculation of supposed debt.

Does this mean it is too late for me to use the 3 letter process with them?

Also I am not sure if Lowell bought the debt or are acting as agents. Originally it went to Robinson Way, but I can't find anything in any of their correspondence which would indicate which it is.

If I was still able to use 3 letter process, I would need to know this wouldn't I?

Sorry for the delay in replying, but don't have access to my own laptop.

by waylander62 Fri Jan 04, 2019 5:15 pm

if lowell or more likely lowell legal are threatening court action then it is almost a certainty that lowell have bought the debt

the 3 letters would be a waste of time now, it has gone beyond that

you also need to send an official CCA request to whoever sent you the LBA

personally i would also send a SAR request to the original creditor

by shuai Fri Jan 04, 2019 7:36 pm

Thanks waylander. I will get on to it.

by scottishlass Fri Jan 04, 2019 9:32 pm

Hi folks! I've received a similar letter through the door today from Lowell Solicitors. I received a letter regarding the same matter from a debt collection agency just before Christmas, these are the only 2 bits of correspondence I have received over a debt from around 4 years ago, something like that. I have read the above information and have found a template letter for request of CCA. Would the original creditor be the company with which I originally took the contract out with? I live in shared accommodation and the letter from the debt collection agency has went walk about so I have no idea who sent that one.
The original debt was also taken out in Scotland, I now live in England...not sure if that makes any difference.
Any info would be greatly appreciated
cheers!! Very Happy

by scottishlass Fri Jan 04, 2019 9:33 pm

Ah! to add more the original debt used a family members wet signature, it was changed over to my bank details a few weeks after...

by sam Sun Jan 06, 2019 11:44 am

Hi Scottishlass

How old is the Debt ,in scotland is 5 years before statute barred , however the loan must of been taken out in Scotland , 6 years in England ,
If you received a court claim , make sure you fill it in within 14 day , you can do it on line ,
if you never signed for the alleged loan , why was the alleged loan in your name the court will ask,
Look its to late for the new 3 letters , however they may not have the paperwork to win in court ,you can still send a pre action conduct letter to the solicitors there no reason you cant, i will say this again the DCA ,s Solicitors know 90% of people just dont turn up for court , the solicitor will go in the court room for 5 minutes and will come out of the court room with a big smile because he has won by default , and maybe no paperwork to win if you was there, i will say one thing if you go to court you must say to the judge the reason why this is a false claim , ,,, read the three letters by lopsum and the edition by petesomething ,

by shuai Wed Jan 09, 2019 7:25 pm

Update. CCA and SAR were sent. No reply in post yet, but still the daily phone calls which I ignore.

Hope I have done as waylander62 suggested. I sent the CCA to Lowell Financial and the SAR to Vanquis Bank as they were original creditors.

Having found as much paperwork as I can, waylander62 was correct when he said the debt had been bought. Vanquis says they sold the debt to Lowell Portfolio on the 31/10/2017. I also received a letter from Lowell Portfolio on the same day (17/11/2017) confirming they had bought the debt on that date.
Pre-legal assessments were sent from Lowell Financial from June 2018 onwards, but a Notice of Acting was sent from Lowell Solicitors 01/12/2018 (saying they were acting on behalf of Lowell Portfolio). I assumed, however, that the LBA was from Lowell Financial as they were the ones sending letters threatening action.
I hope I chose the right ones to send the letters out to!
Feeling strangely relaxed about the whole thing now. Thanks for any input.

by waylander62 Thu Jan 10, 2019 9:40 pm

it sound like you have done the right thing,

Vanquis have 1 calender month to provide you with all they have on file in relation to the account.

Lowell must respond to the CCA request before taking further action

amongst the paperwork you have found, do you have a default notice from Vanquis ?

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