Re: Lowell Letter of Claim

by trimstar Thu Sep 27, 2018 12:20 pm

I sent the CCA request letter. Thanks for quick reply

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by waylander62 Thu Sep 27, 2018 12:41 pm

just a CCA request ?

if so then you need to add to this letter that your require a copy of

any default notice
any notice of assignment
any deed of assignment or sale agreement giving proof that lowell have lawful right title and interest in this alleged account.

by trimstar Thu Sep 27, 2018 1:54 pm

It was the template from the letters page

by waylander62 Thu Sep 27, 2018 3:39 pm

trimstar wrote:It was the template from the letters page

I am assuming just the official CCA request letter

if so refer to my previous post, request those documents

by trimstar Wed Jan 30, 2019 4:33 pm

Just got this today

Lowell Letter of Claim - Page 2 20190110

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by trimstar Wed Jan 30, 2019 4:33 pm

2nd part

Lowell Letter of Claim - Page 2 20190111

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by trimstar Wed Jan 30, 2019 4:34 pm

What next? Panicking a bit now that I am finally going to have to give in

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by waylander62 Wed Jan 30, 2019 4:45 pm

1st question i have to ask before giving an opinion further

what documents have they already provide you with ?

agreement?
default notice?
proper statements not that crap above ?
assignment ?

by trimstar Wed Jan 30, 2019 5:00 pm

All I have been provided with is this unreadable document which they say is what was sent to them

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by trimstar Wed Jan 30, 2019 5:01 pm

Lowell Letter of Claim - Page 2 20190113

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by waylander62 Wed Jan 30, 2019 5:06 pm

ok ,

well what you need to do now is fill in the required forms that they have sent ( i think it is just one form which states you dispute the debt and require more information)

and write a separate letter requesting the documents that you are entitled to see:

1) a LEGIBLE copy of any agreement along with the terms and conditions upon inception and any subsequent changes made
2) a copy of any default notice
3) Termination notice
4) notice of assignment
5) deed of assignment
6) Statements showing how the alleged outstanding sum has accrued.
2)

by waylander62 Wed Jan 30, 2019 5:08 pm

in addition and probably first send a full SAR to the original creditor

depending on when your 30 days are up.

by trimstar Wed Jan 30, 2019 5:10 pm

Ok is there a template for the sar? Many thanks appreciate it

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by waylander62 Wed Jan 30, 2019 5:13 pm

trimstar wrote:Ok is there a template for the sar? Many thanks appreciate it

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i believe there is somewhere hopefully a moderator will point you in the right direction

by **daveiron** Wed Jan 30, 2019 5:45 pm

This is what I have used without any probs,

This is a Subject Access Data Request.
I now require you to supply any and all data in relation to (name) that you hold .
Please be aware that I require the data to be supplied within the mandatory timescale.

Its as simple as that ,remember to include 'any and all' ,give them no wriggle room.

by sam Wed Jan 30, 2019 11:24 pm

hi trimstar , if they have not got true copies they cant win in court , dont make them look for true copies ,
1/ they want you to give up
2/ they just hope you will not turn up for court.

one thing the dca will ignore you or give you rubish .the original creditor will just say talk to the dca , no longer to do with them talk to the dca , they sold the debt

by trimstar Wed Jan 30, 2019 11:28 pm

Thanks makes me feel better

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by trimstar Wed Mar 06, 2019 12:32 pm

Just received a county court claim from Lowell. What now don't want a ccj bit can't afford to pay

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by waylander62 Wed Mar 06, 2019 4:34 pm

hang on a minute ?

did you not respond to the letter before claim as i said ?

fill in the forms and return them, then ask for the documents i listed ?

this should have stopped them issuing a claim until they have complied ?

by trimstar Wed Mar 06, 2019 6:00 pm

Yes was sent but the wife didn't send recorded

Pretty annoying

by waylander62 Wed Mar 06, 2019 8:49 pm

so you have no proof that it was sent ?

not even proof of posting ?

i would still use it in your defence, and when you submit the defence attach a copy of your response along with it.

by trimstar Wed Mar 06, 2019 8:50 pm

No proof owe £3960 with court charges would offer them £1000 for this to go away don't need the stress at present

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by waylander62 Wed Mar 06, 2019 9:02 pm

you need to make a decision of whether or not you wish to defend their claim

it is now with the courts, they should not have issued a claim without responding to your letter.

have you had the results of your SAR yet ?

offering a £1000 may work but unlikely as they have now gone to court and will want the full amount plus costs.

you have a decision to make and fairly quickly because you only have so long to respond to the claim form to avoid default judgment.

by trimstar Wed Mar 06, 2019 10:08 pm

Nothing from sar. Can I contact Lowell and make offer or defend? Reading judges are going in favour of Lowell in a few cases

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by sam Wed Mar 06, 2019 10:14 pm

Hi Trimstar,

The thing with SAR, you may find the original lender may send any additional information to Lowell. The burden of proof is on Lowell, by doing the SAR in one way you are forcing them to look for information.

If you have received a claim form, fill it in within 14 days. You can do this online.

You have still got some options:

1: You can use a unless order to force them to give you information, but unfortunately this costs money.

2: They will need to send you their witness statements, this should include; all the information you requested. Default notice, true copy of the contract.

You can check to see all of the information is correct, but they have a tendency to leave it till the very last minute and one of their tricks is to add fees like the solicitors fees, extra court costs. They do this to scare you.

If they have not got the paperwork, yes there is time for a deal. When it's too late for a deal, is after the CCJ has been issued.

Sorry I cannot help you no more than this, I get too heavily criticised, even though if I am not sure about anything I ask my friend his point of view.

But fill in the form like I said and have a think, one thing I can tell you if they have not got the information for a win in court, they will make a deal if you are strong. But you are now admitting the debt but what you are looking for is do lowell legally own the debt , so fill in the form online within 14 days and take a deep breath which course you want to take.

But remember they might not even have the information to win in court, your choice.

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