Lowells

by scrwm Mon Dec 18, 2023 1:14 pm

These guys - honestly. doin my head in.

The sent a thug to my daugher's house for something they alleged she owed.
She was never on the accounts we held at that house she was a teenager at the time.
So i took that advice from Goodf and sent a DSAR
What I got back was a laugh
they sent a letter saying i must contact cabbages (another DCA) and not the OC, as well as giving me some scrambled data that did not have our names on, so its clear their data keeping or records are in a mess and they are just trying to pin the tail on the donkey.l
I'd sent the DSAR to that DCA as well as lowells and the OC...
This was the only reply i got
The next thing was I got a letter before claim
I know they dont have a leg to stand on so I did nothing
Then I get a court claim so I submitted my defense that the plaintiff hasnt sent andy proof I am the proper account holder
Now I have 28 days in which to wait, while the court has a stay in place
If the plaintiff not does not prove I am the account holder this matter will be set aside.
If he can prove it, then I will pay of course, but knowing this crowd of cowboys they can't and will try to blag their way to getting paid.

Goodf taught me not to be afraid when you get really threatening letters. Its saved me over 80k in debts.
To say I am indebted to Goodf is not enough. But thank you guys.

by waylander62 Mon Dec 18, 2023 5:13 pm

basically lowell have 28 days to respond to your defence

which basically means they will either continue on with the claim or allow it to be stayed

beware on stayed claims because they can, at a later date, apply to lift the stay and go on to obtain judgement many people have fallen for this trap.

your post has me slightly confused as to who has been taken to court ? is it you or your daughter ?

in my opinion it would be a good idea to send them a really good part 18 request for information based upon what they are claiming.

by scrwm Wed Dec 20, 2023 2:26 pm

ah @waylander mate you are really one of the best out there thank you.

What is a part 18? Havent read up on that yet.

Their first attempt was to target my daughter for an address a tv dish company wanted payment for their services, we once lived as a family at the adress, the kids were in college and were not on our AST tenancy, just myself and the wife were the tenants on record.

1-When they first tried my daughter, I replied with a DSAR on advice from daveiron.
2-Lowells then sent a half assed mixed up data set with no complete names but a mix of all our names from two of our family members. and told me to ask yet another DCA (cabbages) who they say are the original creditor heh what no they certainly never could be i never had accounts with cabbages not ever, and thus they didnt comply with my request and I heard nothing from them within the 30 day DSAR limit.
3-Their mates at cabbages then wrote me as well saying they been contacted and I was to get in touch so they can help me. hahah. no. I have no business at all with cabs so never communicated with them about this.
4- the next thing that happened is i (well my wife did but I am handling this doing all the writing etc so I said I) get a court claim with lowells as the plaintiff.
5-I've now sent in my defence and been told by court to wait 28 days to see if L will do anything.

My bet is their data cant prove we ever held an account. If they cant provide full name and full address of alledged account holder they are stuck imho. Thyer are tyring to get us to register so they can get our latest address heh but that aint gonns work with me

by waylander62 Thu Dec 21, 2023 1:01 am

good keep going,

it depends a lot on what your defence to the claim is.

anyway a part 18 request is part of the CPR rules so they can't ignore it, the best approach is to break down their actual claim piece by piece

example being " the defendant entered into an agreement with OC on x date with account number xxxxxxx " or similar
the defendant failed to make payments in line with the T & C's ( again or similar )

a part 18 would begin by stating that this is in fact a part 18 request pursuant to civil procedure rules for further information.

1) Begin by quoting the claim the claimant is making in quotation marks then ask :

i) please provide a true copy of the alleged agreement along with the terms and conditions upon perception and any subsequent changes made throughout the duration of the alleged agreement

ii) please provide a copy of the specific terms and conditions the defendant was not in line with.

and so on until each one of their claims made within their particulars has been fully covered.

shout if you are not quite sure.

then wait for the bullshit response to land on your doormat

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