Re: Lowell Letter of Claim

by sam Wed Mar 06, 2019 10:26 pm

Remember it is not a true copy if you cant read the document

by trimstar Wed Mar 06, 2019 10:30 pm

They have sent a letter saying welcome to Lowell we own debt. Just a welcome letter nothing legal

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by waylander62 Wed Mar 06, 2019 10:54 pm

Are you going to defend this claim ?

i would certainly submit a defence in the first instance, you can still opt to mediate before a final hearing if you wish.

if you are going to defend then we need to start thinking about it.

we also need to ask for further documentation.

by sam Wed Mar 06, 2019 10:55 pm

Because they saying does not mean they legally own the debt , look you have time wait and see what is in there witness statement , you will be given a court date the court will not just give you a ccj before this time , if the contract is not readable then it is not a true copy , they know people just dont turn up for court so win by default ,
if they have all the paperwork then you will lose ,
you need to think what you want to do ,

by waylander62 Wed Mar 06, 2019 10:56 pm

sorry missed the agreement you posted.

It looks like a true copy of the original but is not compliant as it is, so that is a start.

by **daveiron** Thu Mar 07, 2019 8:21 am

Hi trimstar,

I dont want to jump in here but you need to be aware that those parasites at lowells monitor this
site . Some docs you have posted will enable them to pinpoint exactly which account is being
discussed here ( amount owed down to the last pence).
With respect ,& I fully understand how stressful this may be. You posting things like you want to give
in or offer a deal will only let them see you will not go the distance.
Of course the final choice is always yours ,but the best advice I can give is to follow Waylanders
advice ,its your best chance of getting rid of this .

by trimstar Thu Mar 07, 2019 11:21 am

Ok will submit a defence .

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by waylander62 Thu Mar 07, 2019 1:36 pm

you have a letter from lowell that states the copy of the agreement they sent you is the only one available ?

and it is illegible ?

by trimstar Thu Mar 07, 2019 2:14 pm

I can't find letter but they did say that was what the original creditor sent to them.

Lowell Letter of Claim - Page 3 20190310

Also stated this in previous letter

Lowell Letter of Claim - Page 3 20190311

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by waylander62 Thu Mar 07, 2019 2:36 pm

any other parts to the agreement sent ?

i assume that it contains a signature ?

by waylander62 Thu Mar 07, 2019 2:42 pm

just had a quick look through the thread !!

back in August i pointed out that the agreement sent was not compliant and also quoted the CCA as to why.

you posted that they replied and told you that is what the OC sent a copy is on the site !!!!!

this needs to be in your defence for one thing !!

not meaning to be a tw*t but..... You have already been given some tools in the past !? please now treat this matter as serious and take a look at what you have , get your head out of your ass and take these b*stards on !!

by trimstar Thu Mar 07, 2019 2:43 pm

Yes only thing I can read is the signature. And this sent also

Lowell Letter of Claim - Page 3 20190312

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by trimstar Thu Mar 07, 2019 2:44 pm

Will do.. sorry. Is an unless order an option?

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by waylander62 Thu Mar 07, 2019 2:49 pm

ok their last sentence.

under the terms of this assignment blah blah, ask for a copy of these terms of the assignment as proof that they do in fact have any right to control your data.

by trimstar Thu Mar 07, 2019 2:52 pm

Ok will send to Lowell first thing cheers. Sorry for my idiocy

by trimstar Thu Mar 07, 2019 2:53 pm

And I appreciate the help

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by waylander62 Thu Mar 07, 2019 2:55 pm

not really not at this stage and costs £255.

a preliminary argument in your defence: you sent an official CCA request they responded with a copy of an alleged agreement which was not compliant with the CCA " now quote the law as i posted"

you replied pointing this out to them and requested a legible copy as the CCA states, their reply simply said well that is all the original Creditor has.

therefore the claimant remains in breach of an official CCA request and have been since x date, no attempt has been made to remedy this breach therefore the defendant remains prejudiced in this matter.

by waylander62 Thu Mar 07, 2019 2:58 pm

time to ask them some tough questions now.

you are not an idiot at all, just worried, this is what these parasites prey on sometimes a few strong words wakes people up no offence intended.

by waylander62 Thu Mar 07, 2019 3:00 pm

any chance you could send me a copy of the claim form in a private message to see what they are actually claiming ?

redacted of course, just need the wording of their particulars and the signature box at the bottom.

by trimstar Thu Mar 07, 2019 4:18 pm

At work at moment will send asap

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by sam Fri Mar 08, 2019 1:29 am

Well trimstar

i help waylander62 about the true copy and like dave said go with waylander62 ,i like waylander62 he makes me Very Happy

now the tough questions start Twisted Evil

:
lowell do not care about questions Razz

first waylander62 told you about SAR , but not saying about the unless order , the court will make them give you the information or end of story for them , ok the big tough question , should you go to court yes yes yes read case law about true copy you win win on this , but watlander is right about one thing this is a start go through all the paperwork and make notes ,
if waylander is a good guy he will find the case law i am talking about ,
i know i can make you win this case , daveion and waylander did not see what i did , it was the same on another post and petesomething won just by 2 letter with the same people ,
sorry daveiron i know petesomething thinks you are a great guy and told me off , but i think you are wrong saying just go by waylander , you are stopping other people helping ,
trimstar lowell is playing you , we can not tell you what to do , if it was me i would go to court and yes it is hard but you may win , , WELL BOYS daveion waylander if you want me to holds your hands again let me know , this little slim lady will help any time you miss things:shock:
trimstar you are doing good i think waylander can help and make take you to the moon and back , and daveiron this site is not a one man site let other people help Very Happy

by sam Fri Mar 08, 2019 2:34 am

one last thing by SAR do they have a true copy now . find out Shocked

an unless order will cost you money and you will need to go to court for this but you will find out what they have got before any ccj ,you have not got time to play games with them ,
they may have a true copy now . this is why its so stupid to make them look for paperwork , keep an unless order in mind . waylander62 my friend find the case law about true copy it will be good in court to have , sorry i forgot go away sam Sad

by trimstar Fri Mar 08, 2019 9:13 am

Pm sent with claim

by waylander62 Fri Mar 08, 2019 11:52 am

i am really not going to get into an argument but just 1 question.

Sam what makes you think this is NOT a true copy of the original and the court believes that it is ?

go in with the argument that it is not, with case law, and the judge says well actually it is you are f*cked.

go in with the facts in front of you it is not legible and quote the law on eligibility and the judge cant read it !?

anyway sam knows they can make you win this case i on the other hand dont know if i can, i can only try and help

sam where and when have you held my hand before ??

anyway sam knows how to win this claim so best let them win it for you.

by waylander62 Fri Mar 08, 2019 12:03 pm

trimstar wrote:Pm sent with claim

not come through ?

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