lowells and overdales solicitors,help please

by jack Tue May 03, 2022 5:08 pm

Hi I obtained a credit card from advantice on the 12th september 2015 of which no payments were ever made, I had all usual letters from lowells to set up a payment plan but ignored I just couldnt afford to pay it, Lowells updated date to 19th november 2019 which is showing on my credit score, it has now been put in the hands of Overdales solicitors, do i send 3 letters to lowells or overdale solicitors.
I would be very grateful for any help thank you in advance.
sorry could not upload letter its saying exeeded total storage space

by **daveiron** Wed May 04, 2022 9:18 am

Hi,
Unless the letter from Overdales states 'Letter Before Action' I would
send them (Lowells) Notice 1 in the second link below.
Send it recorded delivery asap , as it must be approacking statute barred they
will no doubt start litigation if you ignore it.
Once you have sent notice 1 its very important you study all the suggested
links at the bottom of the first link in order that you comprehend how things
work. Copy and posting templates without some comprehention no longer
works.

https://goodf.forumotion.com/t5263-the-new-goodf-approach-please-read-this-first

https://goodf.forumotion.com/t4987-notice-of-conditional-acceptance-for-debt-purchasers-only

Send notices exclusivly to John Simon Pears UK Managing Director or incumbent.

Also send a DSAR to the Original Creditor.

by jack Wed May 04, 2022 9:33 am

Thanks daveiron i will get to on this today.
thanks for quick reply

by waylander62 Wed May 04, 2022 8:53 pm

so you opened a credit card account 12th september 2015, spent money using the credit card but never made any payments at all against the credit card

is that about right ?

if yes then do you have any of the original statements and particularly the default notice from the original creditor ?

at some point lowells must have bought the 'debt'

by jack Thu May 05, 2022 9:13 am

Hi Waylander thank you for contacting I have had nothing from card company as i can recall. if anything it has been discarded, all i have had from lowell is the normal letters saying they can help in clearing the debt and to contact them.
I have sent letter Daveiron advised to Lowells also sent sar request to card company
thank you

by jack Thu May 12, 2022 12:24 pm

Hi I posted items to lowell and vanquis on 4/5/22 via registerd mail but to date they have not been signed for, so not received, is it normal to take this long, will it be worth sending them again or just hang on, I thought about sending lowells to there solicitors but they in same building.
thanks

by **daveiron** Thu May 12, 2022 1:47 pm

Dont worry ,i get that about 20% with items sent, You have proof
of posting ,so its deemed as served.

Did you send to Head office address or a PO box?
(never send anything to a PO box ,) it will not get signed for.

by jack Thu May 12, 2022 2:34 pm

Thanks for reply Daveiron, I sent both of them to head office, how long before i send lowell second letter.
thanks

by **daveiron** Thu May 12, 2022 3:23 pm

Its up to you but 14 days between each will be ok.

by jack Fri Jun 24, 2022 5:56 pm

Hi everyone just a line to say all notices have been sent, I have had no replies to date
thanks

by jack Mon Jul 04, 2022 7:53 pm

Reply from lowell via solicitor just copied their letter as site wont let me upload, do i just wait for their next move or is there anything i can do would be grateful of advice, ( thank you )

Our client is under is under no obligation to provide you with a sworn affidavit or signed bill pursuant to the bills of exchange act 1882.

As this debt is not based on and does not arise from a bill of exchange,none can will or should be provided.

There is no legal requirement for assignment or debt to be the form of a Deed, in most cases this done by simple contract ( a debt sale agreement ). Our client is under no obligation to you. This is a private contract with our client and the original creditor, the terms of which are commercially sensetive and confidential. No part of the debt sale agreement could provide support or assist in any defence you may wish to raise, and you have niether need nor right to be privy to that content. Our client will not disclose this information and no other agreement/novation agreement exists or has relevence to this matter. The notice of assignment was sent to you which discharges our obligation was sent to you.

We can confirm that we have requested relevent documation from the origonal creditor and a response will be sent to you in due course.

In the mean time we can confirm that activity on the account has been suspended.

by **daveiron** Mon Jul 04, 2022 8:28 pm

As you have completed the 4 notices and they have failed to rebut
or respond to them .They are now in a tacit agreement by aquiescence.

Up to you ,you can if you wish contact the solicitors and inform them
you have no contract with them and are corresponding privately with
( give the name ).and will not be corresponding with them.

You will notice none of what they have written has any relevance to what
is in the notices,and is just to distract you ,and more importantly to create
a controversy.

by flyingfish Tue Jul 05, 2022 1:12 pm

That's quite a long time ago. Can you see if you can find their Default Notice, either as originally received or among anything that they have sent to you? If you really made no payments at all, I can't see how the account could have been kept active until 2019 (if that's the date of default shown on your credit record). Did they send a letter terminating the account? Or any statements showing the last transactions?

Given that the account might be approaching being Statute Barred, it might be a good idea to lie low and not rock the boat until you know more about these dates.

by memegirl777 Tue Jul 05, 2022 1:21 pm

Did you post to the PO BOX address ?
If you have it would not be signed for I believe and the Judge in my Claim agreed ,
On the post office receipt there will be a Barcode number on there , put this in to Royal Mail tracking ,
This should give you time and date received ,
If not raise it with the post office .

Be very careful with Lowell and Overdales ,
They are very devious with postal addresses ,
It cost me near £300 because I sent to the registered address and not the PO BOX which they had put on the claim forms ,
Once bitten , I started sending to both and took photos of the envelopes before and on the post office scales with the post office stickers on ,

by jack Tue Jul 05, 2022 7:12 pm

hi everyone thanks for all replies and input, memegirl thankyou all notices were sent recorded to their head office, had sar back today, Account was passed to Robinson Way on 22/06/2018, 23 Sep 2019 was date Account was sold lowell which is on notice of default of which was included no payments were ever made on account, they have sent statements of all purchases, T&C look ok signature on agreement is ok, no doubt I will be getting all these back again from lowells.
I will go down the route you suggest Daveiron and thank you all it is very much appreciated

by jack Wed Jul 06, 2022 10:26 am

hi i dont think this is a default it says if you have not made a payment by 30th May 2018 we may file a default in respect of your credit card with credit reference agencies. The notice of default has post date 11 May 2018.
Last purchase was 21December 2017, sorry there were payments made last one was feb, 7th 2018 i dont know if this helps any
thanks all

by **daveiron** Wed Jul 06, 2022 10:55 am

Try not to let them distract you (thats their intent)

You stand in honour in this matter . 3 times you have offered remedy
to the claimant (CEO) and to date all have been ignored.

by flyingfish Wed Jul 06, 2022 11:15 am

jack wrote:hi i dont think this is a default it says if you have not made a payment by 30th May 2018 we may file a default in respect of your credit card with credit reference agencies. The notice of default has post date 11 May 2018.
Last purchase was 21December 2017, sorry there were payments made last one was feb, 7th 2018 i dont know if this helps any
thanks all

OK so it sounds as if it's not going Statute Barred until after May 2024. That's a shame. They should really have sent you a proper CCA compliant Default Notice, and the SB clock would start running on expiry of that notice. If they haven't then that may add to your defence if it goes to court.

by jack Fri Aug 05, 2022 12:02 pm

Hi all I have received a letter from solicitor, as follows

Dear mr xxxxxx
We are writing to you to let you know we are no longer instructed to deal with this matter to recover an amount owing balance £0.00, as such we have returned the matter to our client.
You will be contacted by our client in due course, but if you wish you can discuss your account with our client sooner. That is the true balance on the letter
thanks everyone

by memegirl777 Fri Aug 05, 2022 12:17 pm

That's fantastic news ...

by memegirl777 Fri Aug 05, 2022 12:19 pm

Make sure the mark on your credit file is removed .
They state 50 days but usually a month ..

by **daveiron** Fri Aug 05, 2022 12:32 pm

I am sure you are aware Overdales are just 'in house 'solicitors for Lowell,
so i guess some bod will just pass it to another bod in the next office.

by memegirl777 Fri Aug 05, 2022 2:50 pm

He does state
0.00 balance which suggests closed ..
This is what happened with mine and I demanded taken off my credit file which was done ..
Overdales and Lowell's still try to denie being in house even though the registered address is the exact same for both ..

by jack Fri Aug 05, 2022 3:21 pm

Thanks memegirl I thought that myself as Daveiron states they might just pass it to the next person which i am aware thats what they do, 2 weeks prior to this letter solicitors sent me letter stating they would suspend for 30 days untill they received proof from OC, I dont understand why they pulled solicitor off, we will see in due course hope it goes the way you say, thanks again and thanks Daveiron

by **Mrblue2015** Mon Aug 08, 2022 12:16 pm

daveiron wrote:I am sure you are aware Overdales are just 'in house 'solicitors for Lowell,
so i guess some bod will just pass it to another bod in the next office.

And Jack, don't allow the word "solicitor" scare you. I too dealt with an in-house solicitor. A push over...

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