Letter of threatened court action by Lowell's....

by Pete012 Fri Nov 17, 2023 11:45 am

Hi all,

I sent the THIRD LETTER to Lowell's re STUDIO on 3rd Nov by recorded delivery.

I also sent the FIRST one to Lowell's re PAYPAL on the 3rd Nov, by recorded delivery----separate envelopes in one envelope.

Today, 16th Nov, I received a letter from Lowell's (dated 8th Nov) which was very similar to one they sent me on 19th Oct.
They did NOT address or acknowledge the letters I sent above----instead, this is what I received (below):

I did see somewhere that as long as I keep sending letters to them asking to see the DEED OF ASSIGNMENT, they cannot (or won't) just instruct solicitors.

As I said, I sent the letters by recorded delivery and have the receipts etc.

As the THIRD letter has been sent to them re STUDIO, and the FIRST letter re-PAYPAL, and the fact that they do not even acknowledge that I sent them, what do I do now?.

Kind regards,

Pete.

PS----IS IT A GOOD IDEA TO SEND LOWELL'S THE PRE-COURT ACTION LETTER? That is the letter if a debt purchase company issues a Letter of Claim or threatens court action.

Letter of threatened court action by Lowell's.... Lowell15

by Miss Kermit Fri Nov 17, 2023 1:12 pm

Its just another false threat letter from their lovely Customer Team and not from a real person. Lots of "if", "considering" and "may" words being used.

It seems strange that they have both accounts on one letter. I would have thought that the two different accounts (PayPa and Studio) should be delt with seperately.

I would just continue with the letter process (all by recorded delivery). Lowell at the moment appear to have a habit of not signing for mail so just keep the receipt from the Post Office as proof.

You may get a letter from a company called 'Lowell Solicitors'. Its basically another scare tactic. They are all based in the same office 'Ellington House'.

No Fear

by Pete012 Fri Nov 17, 2023 10:55 pm

Miss Kermit wrote:Its just another false threat letter from their lovely Customer Team and not from a real person. Lots of "if", "considering" and "may" words being used.

It seems strange that they have both accounts on one letter. I would have thought that the two different accounts (PayPa and Studio) should be delt with seperately.

I would just continue with the letter process (all by recorded delivery). Lowell at the moment appear to have a habit of not signing for mail so just keep the receipt from the Post Office as proof.

You may get a letter from a company called 'Lowell Solicitors'. Its basically another scare tactic. They are all based in the same office 'Ellington House'.

No Fear

Hi Miss Kermit, and thank you for your reply.
I did send you a reply earlier----but it seems to have disappeared.

Here is the reply I sent earlier:

This is a letter I am preparing to send to Lowell's ---hopefully before they take any "action".
From what I have seen in various links regarding remedies, it seems that if you send this to Lowell's( in my case) then that would stop them from pursuing any "legal" action....

"""SAMPLE LETTER AFTER PRE-ACTION LETTER

When to send?

Send this letter if a debt purchase company issues a Letter of Claim or threatens court action.

TEMPLATE LETTER

[Your address]

[Your postcode]

[Their Solicitors Address]

[Their Solicitors postcode]

[The date]

Dear Sir/Madam,

Pre Action Conduct - Request for Information

With regard to your letter dated __/__/2019, which stated Legal Action may be taken, I take this to be a Letter before Action under the above named Pre Action Conduct Protocol and as such I am responding accordingly.

As you have indicated you are representing a Debt Purchase Company in this action. I assume you are authorised to accept service of documentation, therefore, please accept this request for Information sufficient to understand the claim being threatened and as such is in accordance Section 3 of the Pre Action Conduct, by way of Service Upon You.

As I have never entered into any Legal Agreement or Contract with you or your client , for any monies or specifically for the alleged amount of £____.__; and I neither accept nor acknowledge the assertion any debt has been Legally and Absolutely Assigned to you.

I therefore, request the following documentation under Pre Action Conduct Section 6 (c) as proof of your assertions of a Legal Obligation, to be provided to me within 40 days of the post marked date of this letter.

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) a copy of the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any and all subsequent changes in said Terms & Conditions.

II. Statements of the Account referred to, including details of all payments made and calculation of how interest was charged against each item, leading to the Alleged Debt of £_______.____.

III. Also, as this is an Alleged Debt, I believe Default Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999, therefore, I would request details of each and every Default Charge applied to the Account (i.e. if the charge was for ‘Administration’ what Administration was undertaken to support the Default Charge) along with details of any Interest Charged against each Default Charge applied.

IV. In accordance with Section 87.1 Of the Consumer Credit Act 1974 (as amended) a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon me.

V. A copy of the Legal / Absolute Assignment of the Agreement, including a copy of a Duly Executed Deed of Assignment and / or Deed of Tripartite Novation; and

VI. In accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how I was served with the Alleged Legal Assignment.

VII. A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and again, in accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how this was Served upon me.

Should proceedings commence against me and you fail to provide each and every document requested, I will make an Application to the Court to Stay your claim until the request is complied with and request the Court impose Sanctions against yourself for failure to adhere to the provisions of the above mentioned Practice Direction.

Also please be aware, each document listed is required to provide absolute and legal proof of your contention of a legal indebtedness towards myself and again, should you fail to produce said documentation and Proceedings Commence against me.

As a part of my defence I will re-request production of each and every document under an appropriate Civil Procedure Rule, along with a request under CPR Part 39.a (3.3) for the original of every document upon which you intend to rely be brought to any subsequent hearing for examination.

Please note, where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

I look forward to your response in due course.

Yours sincerely,

Thanks in Advance""""

by **daveiron** Sat Nov 18, 2023 5:12 am

That letter is all well and good but it is falling back to looking for defects in their process .It does not take into account anything in the NoCA ,which are the important questions to be addressed ,the questions they will never answer or want asked in court.

by Miss Kermit Sat Nov 18, 2023 10:47 am

Hi Pete12

As daveiron says, sending that letter is only going round in circles. They have still not answered your initial questions on the NoCA.

The letter they have sent you, in my opinion, is still not a Pre Action Letter. I have received 2 in the past (screenshots below). Both Lowell Solicitors and Mortimer Clarke did send a claim into Northampton County Court but both backed down once I had submitted my defence on the court website and informed them of my intentions.
Usually a Pre Count Action letter with have more details of the debt, firmer language and have an Income / Expenditure form attached.

I think it is a good idea to let the DCA know from the start that you are willing to go all the way if needed so I usually add something like this to my NoCAs:

"Should you proceed to apply to the Court without the production of any legal documentation of ownership of this alleged debt, you agree this will be a vexatious act. All of the documentation requested above will be asked for in Court, and your claim will be rigorously defended and an application for costs will be made. I trust this makes my position clear."

Example Pre Court Action Letters:

Letter of threatened court action by Lowell's.... 1

Letter of threatened court action by Lowell's.... 1

Letter of threatened court action by Lowell's.... 2

No Fear

by Mobo Sat Nov 18, 2023 11:23 am

Not helping troll's

by Pete012 Sat Nov 18, 2023 1:44 pm

Ok..... thank you all for your advice.

They are debt purchasers, not debt collectors.

I REALLY don't wish to have anything to do with a court.

As I said, Lowell's have not acknowledged my 3rd notice to them re STUDIO, nor the first notice re PAYPAL ( they put both in same letters to me).

I am really looking for ONE notice that I can send them that will stop them in their tracks.
They are REQUIRED to send me a copy of the DEED OF ASSIGNMENT, yes?.
I know that their excuses are that "it's confidential" etc----but we all know that is BS.

Looking at the options in the links regarding remedies, there seems to be a range of template notices etc to choose----and that is what is confusing.

Is there ONE notice that is not the size of a book that I can send Lowell's to get them off my back?.

Pete.

by Miss Kermit Sat Nov 18, 2023 2:26 pm

These type of companies prey on the vulnerable and those who dont have the knowlege to put them in their place.

There isnt a "one notice solution". They could stil take you to court even if there was.
All you can do is make them realise that if they do start proceedings, they will lose. They have taken £millions from people with their fraudulant tactics.

It can feel intimidating when they use words like COURT, CCJ, SOLICITORS etc. That is how they want you to feel.

I have been fighting them for 7+ years for myself and friends. I still get a buzz when a letter drops. Play their game, but play it better.

No Fear

by Mobo Sat Nov 18, 2023 2:30 pm

From what I understand you have sent the notices, so you have stated you are not refusing to pay, I don't think a court will do anything to you but ask them why they have wasted the courts time if the bring it to court,

And I would think the court would most off the time make them give the documents you are allowed to have, better people on here will advise you, but all you asked was for envidence

I have delt with this lot many times, it is now looking like they have got teeth well think so, I have found they are pussy cats from the old site band this one, so please don't panic will on this site will help I have heard of the fourt letter called the killer letter, but I think they are just trying to scare you, they me at take it to court, but I think they will bottle it on the day, of course others my disagree but this is my research

by Pete012 Sat Nov 18, 2023 4:20 pm

]Again, thank you all for your advice.

I am not panicking or am I intimidated by these debt collectors/ purchasers.

I have dealt with them many times over the years and I have been successful in having all of my so called "debts" written off.
This includes loan companies like Capital One, Vanquis, catalogue companies and even Barclays bank.

I am just sick and tired of Lowell's ignoring my letters (I used the three letter process).
The document that they MUST produce is the DEED OF ASSIGNMENT---and if they do not produce that, then debt closed.

I had NO contract with Lowell's who paid pennies to STUDIO and PAYPAL for the "debt", hoping that gullible individuals would succumb to their intimidation.

There is another point that I don't quite understand, and that is that companies such as STUDIO and PAYPAL (both in my case), gave credit to me without due diligence...ie, I had/have a terrible credit rating.
They KNOW they can be challenged and possibly made to pay ME compensation for allowing me to have the credit---so why do they allow debt purchasers to buy the so called debt instead of having their in house legal team to try to get the money from me?.

Am I making sense?.

Pete

by Mobo Sat Nov 18, 2023 4:27 pm

Removed so I don't upset good people

by Miss Kermit Sat Nov 18, 2023 5:15 pm

In many cases, especially where banks / loans are concerned, it is you who create the credit not the finance company.

You ask for a loan - the bank create the money out of thin air and put it in an account. In return you sign a credit agreement to pay back physical currency to the finance company. This agreement (security that you will pay) is then used by the finance company to make investments.

Once you have paid the amount to the finance company + interest, the finance company are obliged to return to you the agreement (security) you signed.

In most cases they dont / cant because they have used/sold it without you knowing.

As I said above, Lowell have not signed for the last 3 notices I have sent them. In return I put a claim into the Royal Mail for lost mail. Usually within a week I receive a book of eight first class stamps as compensation. I may even try paying for insurance for the value of £50 on the next notice. If it goes missing then in goes a claim against the Royal Mail.

In contract law there is something called the Postal Rule. I have proof of postage so I dont care if the Royal Mail deliver or even if Lowell can be bothered signing for the mail.

by **daveiron** Sat Nov 18, 2023 8:31 pm

I am sorry but this is exactly the reason the old 3 letters stopped working;
Creditors ignored most of the content and as a result the borrower followed suit and ignored the contents as well,and then resorted to looking for defects in the claimants paperwork as a defense.

Both myself and Mr Blue spent a lot of time putting the notices together along with the links .I personally ,on occasions worked through the night to get what i believe is the correct remedy.
All we asked for in return is that members study the links ,& do their own research.
It has become clear many cannot be bothered ,but want it all laid out for them .

I will help with queries where i can but i now draw the line when it becomes clear a member has not been bothered to help themselves.

by Mobo Sat Nov 18, 2023 11:58 pm

by Pete012 Sun Nov 19, 2023 2:18 am

daveiron wrote:I am sorry but this is exactly the reason the old 3 letters stopped working;
Creditors ignored most of the content and as a result the borrower followed suit and ignored the contents as well,and then resorted to looking for defects in the claimants paperwork as a defense.

Both myself and Mr Blue spent a lot of time putting the notices together along with the links .I personally ,on occasions worked through the night to get what i believe is the correct remedy.
All we asked for in return is that members study the links ,& do their own research.
It has become clear many cannot be bothered ,but want it all laid out for them .

I will help with queries where i can but i now draw the line when it becomes clear a member has not been bothered to help themselves.

Hi Daveiron,

Thanks for your replies.

I assume (maybe I am wrong), that your comment in meant for me.

I DO do my own research and I have followed the NEW three letter method.
The thing is with the links, is that there is the three notice method, then the pre-action action notice---to which I will now send to Lowell's, as they sent me the letter that I showed you threatening court action.
Do I also now send them the CEASE AND DESIST notice?.

In one of the links, it states:

The three letter process is extremely effective against debts that have been purchased. Changes in the law make it unlikely that the debt buyer has complied fully with the laws required to purchase a debt. Whether they "work" is subjective, if the company ignores the letters, you and you can prove you sent them, you will have a good case in court if the debt is ever brought to the UK Civil Courts.

Once you have sent ALL 3 Letters with DPA Notice and Cease and Desist Notice, what you have done is created a tacit agreement with the company that you do not owe them any money. You have give them ample opportunity to provide the proof if it existed. So keep copies of letters and proof they were received in case the company ever brings the matter to court.
(NOT SURE WHAT A DPA NOTICE IS).

I am not lazy and I DO read all the links that you have supplied and all the advice that you have sent me over a long period and I have had great success with this getting debts written off over many years.

In this particular instance, Lowell's have ignored and not acknowledged my notices which give examples of the legal requirement for them to send me the DEED OF ASSIGNMENT, which is THE crucial factor.
For instance, in one of the links re-the three letter process, it says:

""I hereby serve Notice that your failure to provide Proof of Claim has created a permanent and irrevocable estoppel by acquiescence, forever-more barring your company or any associated companies from bringing any and all claims, legal actions, orders, demands, lawsuits, costs, levies, penalties, damages, interests, liens and expenses whatsoever, against myself.

As you have failed to produce the above documents thus far, it is now my understanding that you are party to a fraudulent act. Therefore, should I receive any similar correspondence from you regarding this matter, I will not be providing a response.""

So--as they have NOT produced the DEED OF ASSIGNMENT", does that mean I stop responding to them?.
Do you see what I mean when I say it's difficult to know what to send and when to send it?

In the DEBT BUYER COURT DEFENCE part of the link, it says:

""Prior to court action the debt can be disputed using the 3 Letter Process which asks for PROOF that the debt buyer owns the debt. This proof ultimately is the DEED OF ASSIGNMENT, also known as the SALE AGREEMENT between the Original Creditor and the Debt Buyer.

The Debt Buyer rarely wants to provide the DEED OF ASSIGNMENT, claiming it is a "commercially sensitive" document containing personal information relating to other people. That is because it is simply a list of names and numbers purchased in BULK by the debt purchase company. If it was just to protect sensitive information, the Supreme Court has ruled that the Debtor has a right to see the Deed of Assignment with the sensitive information blocked out""

Like most of the people here in this forum, we are all trying to learn, and in my case, I have been successful thus far----up until now.
I have studied the links, your advice, the very good Observation Deck YT channel and more.

Thank you again for your advice.

Pete.

PS..
For MOBO......

You removed some of your post's I gather.
I know you and others are here to help and I appreciate that, but the post's that you removed were quite incoherent as they did not seem to be in any way anything to do with the subject.

by **daveiron** Sun Nov 19, 2023 6:34 am

What links are they ,i do not recognise them ?

The DoA is dealt with in the 3 notices (not letters) .why are you just concentrating on just one question ?What about all the others ?
You only need to reply saying 'I look forward to asking you in court the questions you refused to answer in my notices' and why you are wasting the courts time as i have never refused payment of any obligation upon proof of claim'. Or words to that effect.

by Pete012 Sun Nov 19, 2023 11:52 am

daveiron wrote:What links are they ,i do not recognise them ?

The DoA is dealt with in the 3 notices (not letters) .why are you just concentrating on just one question ?What about all the others ?
You only need to reply saying 'I look forward to asking you in court the questions you refused to answer in my notices' and why you are wasting the courts time as i have never refused payment of any obligation upon proof of claim'. Or words to that effect.

Dave,

I know they are notices and not letters---I said that in my post.
I am not just concentrating on the DoA----but that IS the crucial one, because if they cannot or will not produce it, then they have no case.
Just one more thing, if that's ok---along with the reply you suggest, is it a good idea to send them a Cease and Desist notice?.

The links are:

https://sites.google.com/view/threeletterprocess/home
https://sites.google.com/view/debt-buyer-court-defence/home

I am sure you recognise them.

Pete

by **daveiron** Sun Nov 19, 2023 9:35 pm

Good luck, I'm done.

by **Lopsum** Mon Nov 20, 2023 12:26 am

you cant help stupid!

its epsom/error a troll.

by Pete012 Mon Nov 20, 2023 1:47 am

Lopsum wrote:you cant help stupid!

its epsom/error a troll.

I am not a "troll".
How am I "trolling"?

I am/ was merely trying to ask relevant questions to debt related matters.

We are not all experts, and I am sure some of my questions and the answers to them would be and have been beneficial to others on the debt forum.
I am an expert in subjects I am well versed in----but debt related ones is not one of them, which is why I ask questions.
I thought that was what the forum was for?.

It is beyond the pale that you call someone "stupid" because they ask questions.
I don't call anybody "stupid" if they are not well versed in a subject that I am.

If asking questions about debt related problems is "stupid", what is the forum for?..

and who is "epsom"?.

Pete.

by **Lopsum** Mon Nov 20, 2023 2:18 am

so why are you asking for help with another websites letters here?

and why is your email epsom1@...

and why is your Ip info the same as banned member epsom then ????? scratch

If you want proof i can post it up for you.

by Pete012 Mon Nov 20, 2023 2:22 am

Lopsum wrote:so why are you asking for help with another websites letters here?

and why is your email epsom1@...

and why is your Ip info the same as banned member epsom then ????? If you want proof i can post it up for you.

What do you mean with other websites?.

It is reprehensible that you should call anybody "stupid" because they ask relevant questions on a forum designed for questions to be asked.

Some of my questions may be repetitive, but that is because I need to be clear about things.
Being called "stupid" is not what one would expect from an administrator/ moderator.

What have I said that is "trolling"?
What have I said to upset anybody?.

I have looked at most of the questions on the debt forum and many ask similar questions to me----yet they are not called "stupid".
People are stressed enough (including me), without being called "stupid".
An intelligent person would not use that term---so I have my doubts about your credentials for being an administrator.

...and who is "epsom"?.

You have "suspicions"?..... based on what?..... my questions?.
So much for free speech and expression.
Join the censors.

Very disappointed,

Pete

by **Lopsum** Mon Nov 20, 2023 2:23 am

so you want proof then heh?

by **Lopsum** Tue Nov 21, 2023 5:25 am

the alleged letter is fake too or are the really going to send A.?
oh no!!!! Embarassed

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