Lowell Solicitors

Hi Guys,

New to this so please excuse any ridiculous questions I may ask.

I sent letter one to Lowell Solicitors and have had a reply. The main body of their letter is as follows:

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We confirm receipt of your letter dated 1 June 2017, which was passed to us by our client.
We note your comments and can confirm that we have removed all telephone numbers and email addresses held on file; you will now be contacted in writing only.

Our client is not required to provide you with The Deed of Assignment as it is a confidential agreement between our client and the original creditor and contains personal information which you have no reason to be privy to and will not be provided to you. No other contract or a "Deed of Novation" exists which our client is under an obligation to provide you with. Your account was assigned to our client from Shop Direct and a Notice of Assignment was sent to you confirming the same.

With respect to the terms in your letter, neither we, nor our client accept these terms.

Action on your account has been placed on hold whilst we obtain copies of the agreement, statements and default notice.

If you wish to speak to a member of our team, you can contact us on the number above between Monday to Friday 8:00am — 8.00pm and Saturdays 8:00am — 2:00pm.

Yours sincerely

Lowell Solicitors Limited
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I have proceeded to send letter 2 (albeit a little later than 10 days). However, I just wondered a few things,
A) Is this a pretty standard response from Lowell Solicitors, I haven't been able to find a letter like it in the forums?
B) Will it hurt my attempts that Letter 2 went a few days late?

Thanks very much!

Hi,

Are lowells acting for the original creditor or has the alleged debt been sold ?

The original debt was with Shop Direct (Very). That debt was sold to Lowell Portfolio. All recent correspondence has come from Lowell Solicitors so thats who i sent the first 2 letters of the 3 letter process.

This is how Lowell Solicitors display it on their letters:

Account Information
Our Client: Lowell Portfolio I Limited
Lowel Reference Number: xxxxxxxxx
Claim Number: *This is blank*
Original Company Name: Shop Direct
Original Account Number: xxxxxxxxx
Current Balance: £973.17

Hi jobyboy & welcome.

As you have sent letter 2 ,this would be my letter 3 response :

Dear xxxx(whoever first contacted you)

I do not recognise you I do not recognise your corporation.I reject and rebut your claim that i owe a debt to your corporation .
I will settle any lawful obligation i may owe to your corporation upon proof of claim.

With ref to my letters dated xxxxxx and xxxxxx and received by you ( if you sent recorded) xxxxx and xxxxx
I required you to supply to me your proof of claim within xx days, that i owe a debt to your corporation . No such proof of claim has been received.
Take notice that unless you provide to me valid proof of claim as required in my letters dated xxxx & xxxx within xxx
working days from the date of this letter I will consider the matter closed, and no further correspondence will be entered into.
This is my third and final request for proof of claim.

Implied admission absent a response and compliance .

I require all correspondence to be signed by a named individual who takes liability for its contents.

all contacts recorded.


By;

xxxxxxx xxxxxxxx

Agent and representative for XXXXXXX XXXXXXXX



Adapt to suit.

by the way thats a usual response from them.
also you do not have to let them dictate the timescale ,you can if you want ,bring your letters down to 3 working days. please keep us informed as we can only move forward with feedback

regards dave

Thanks so much for the advice, really appreciated!

To confirm, are you saying I should send that letter in place of Letter 3 or after Letter 3?

Hi mate.

I would send in place of ( you are still asking for what you have already asked for) in this letter.

The 3 letter templates have been around for a long time now & Lowells must have had thousands of them.They also know that if you are just copying templates you are probably unsure what to do if they persist.
What you need to do is show that you know what you are doing .Remember they bought this account for pennies in the pound .If they can see they will have to spend money trying to enforce their threats ,they are much more likely to go away to easier targets.
Dont forget the estopple /intention of estopple.

keep us informed ,also watch Troys vids

Letter 3 (the version you posted above) is written and ready to send tomorrow!
I've put 10 working days in this letter. When should I send the estopple and where can I find this?

Thanks!

Hi, JobyBoy,

Send this with you letter ,it does away with waiting for the 30 days without contact before sending Estoppel.
Its self explanatory ,You can then send the estoppel as usual.



Name & address your address



Date xxxxx
Ref no xxxxxxx

Notice of Intention of Estoppel
None Negotiable

Notice to principle is notice to agent.Notice to agent is notice to principle.

Dear (whoever you have been dealing with) cc.The CEO

Notice of Irrevocable Estoppel or Acquiescence; Will begin thirty (30)days from the date of this Formal Notification.
Enclosed with this Notice is my third (3rd) letter to you requesting your proof of claim.

You have now been requested to provide your proof of claim on three occasions.

The requests asked for and required are;
1. Validation of the debt (actual accounting)
2. Verification of your claim against me,( a sworn affidavit or hand signed invoice in accordance with the Bills of Exchange Act 1882.)
3. A copy or the contract signed by both parties.
4. As previously requested a true and certified copy of the Original agreement (note)

If you cannot comply with the above you are therefore unable to prove your claim or that any liability exists.

If you are unable to prove any liability exists you must cease and desist all further action in this matter, as to continue would constitute fraud and will be treated as harassment.

Any further communications from yourselves,your clients,your associates or agents which does not satisfy my repeated requests for specific documentation will be treated as no contact and will be ignored.


yours sincerely

By: sovereign xxxx of the family xxxxxxx
Authorised Agent and Representative for XXXXXXXX XXXX
No assured value.No liability,Errors & Omissions Accepted .All rights reserved
Without recourse-Non Assumpsit

Implied Admission by absence of Rebuttal.

All contacts recorded
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Just adapt to suit if required .i cannot find the estoppel notice on the site ,i will put it up later.

take care, dave

I believe it's estoppel time. I found this template: http://3letterprocess.blogspot.co.uk/2015/08/template-for-notice-3-of-3-notice-of.html

Any good?

Estoppel  Notice





To C.E.O. of xxxxxxxxx                                                                                             Your Address
Address






To C.E.O. XXXXXX

Date xxxxxxx

                                                  Notice of irrevocable Estopple by Acquiescence

                            Notice to Agent Is Notice to Principle.Notice to Principle is notice to Agent.

Ref: alleged account no xxxxxxxxxxxxx
Dear Sir/Madam,

With reference to my letters dated xxxxxxx/xxxxxxx/xxxxxxxx.all delivered by recorded mail.In those letters I asked you to provide the following reasonably requested specific items:
1. Validation of any debt and verification of your claim (sworn affidavit or hand signed invoice)
2. Copy of the contract signed and dated by both parties and therefor binding both parties.
3.A true and certified copy( a photo copy is not acceptable) of the original Credit agreement.(note).

Under penalty of perjury and with unlimited liability and confirm that the said agreement  (note) has never been sold or traded in any way.

I hereby serve notice that the failure by xxxxx to provide Proof of claim has created a permanent and irrevocable estopple by acquiescence,forevermore barring xxxxxxxx from bringing any and all claims,legal actions,orders,demands,lawsuits,costs ,levies,penalties,damages,interests,liens and expenses what so ever against
xxxxxxxx(allcaps name).

It is important that you acknowledge and understand that this is not a letter but a legal notice ,which is a different specie of correspondence altogether .I hereby declare that the law of Agent and Principal shall apply and that service upon one is service upon another.

Furthermore,your failure to provide proof of claim in the form of the aqbove reasonably requested specific items comprises the tacit procuration of xxxxxxx DCA  agreement that;

1.The debt did not exist in the first place;
2.It has already been paid in full;
3.Any damage I suffer ,you will be held culpable;
4. That any negative remarks made to a credit reference agency will be removed;
5.You will no longer pursue this matter any further;
6.You have not proven any debt,if you sell the alleged liability,and / or appoint an agent to act on its/your behalf you have broken our agreement.


                                                                                                      Yours sincerely

                                                                                                   By:
                                             
                                                                                                   Sovereign xxxx of the family xxxxxx  
                                                             
                                                             Authorised  Agent & Representative for xxxxxxxxxxxxx( all caps name )

                                                    No assured value,No liability.Errors & omissions Excepted .All rights reserved.

                                                                                             Without Recourse. Non - Assumpsit
Implied Addmission by absence of rebuttal.
All contacts recorded.

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Thats what I use .Just check that the top numbers 1-3 tie in with what you have requested in the 3 letters.

yours sincerely etc should all be on the right hand side .

I sent all three letters and then the estopple.

I heard nothing for a little while then received the following:

https://www.dropbox.com/s/wqc7szvbu2hglzi/Edited%20DocPDF.pdf?dl=0

I'm a little unsure as what to do next?

Hi jobyBoy,

Did you send by recorded delivery, as according to them it has taken 6 months to arrive ?

Is that the entire letter as terms from 12.3 - 31 are missing.
They have failed to provide a deed of assignment & deed of novation.
You also requested a certified copy of the T& Cs ,not a poor photo copy .Inform them that
should they instigate court proceedings you will require the original to be produced in court.

Count how many times you have requested documentation from both them and the OC ,and get that in
your response as well.