Lowell Solicitors letter of claim

by nautilous Thu Mar 22, 2018 9:13 am

Really hoping someone can help! I received this letter of claim regarding an unpaid overdraft for a current account which was closed by Halifax in December 2012. I'm unclear as to any correspondence I've had from Either Halifax or Lowell since then as I've been through a nervous breakdown, a divorce and have moved house around 10 times since! I got a pre-legal assessment letter a while ago and just binned it (wish I hadn't now after finding this site). Anyway after reading a few threads here I know that a. It can never be statute barred as it's an overdraft and b. asking for a CCA is irrelevant. My question is how can I reply to this letter in my circumstances? Am I doomed because it's an overdraft? On a separate note I've noticed that on the summary statement they claim I've made a payment of £60.00 which is complete nonsense as I've never even acknowledged them. Can I use this blatant deception against them? I was reading the fraud act 2006 and it states:

Fraud by false representation

(1)A person is in breach of this section if he—

(a)dishonestly makes a false representation, and

(b)intends, by making the representation—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss.

(2)A representation is false if—

(a)it is untrue or misleading, and

(b)the person making it knows that it is, or might be, untrue or misleading.

(3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of—

(a)the person making the representation, or

(b)any other person.

Is that relevant or am I clutching at straws here?

Many thanks to anyone who can assist!

by nautilous Thu Mar 22, 2018 9:16 am

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by Tiggy Fri Mar 23, 2018 12:33 pm

Not sure what you mean about it can't be statute barred as it's an overdraft?

As for it not having to have a formal agreement this is correct, any overdraft taken out from Dec. 1999 to February 2011 was exempt from Part V of the Consumer Credit Act.

As for the £60, you need to put them to the strictest of proof that the payment was made by you.

by nautilous Fri Mar 23, 2018 12:45 pm

Thanks for the reply. I thought the rules were different for overdrafts am I wrong? Sorry I'm still learning. My overdraft started in 1998 I think is that different? Thanks again

by nautilous Mon Apr 23, 2018 9:03 am

Update. So I sent an amended letter asking for documents etc also asked them for strict proof that a £60.00 payment was made. Didnt hear anything back for a couple of weeks so sent a second letter and got this back. They have ignored the part about the payment so do I ask again or wait untill they have sent all documents? Thanks

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by Ausk Mon Apr 23, 2018 9:19 am

nautilous wrote:Really hoping someone can help! I received this letter of claim regarding an unpaid overdraft for a current account which was closed by Halifax in December 2012. I'm unclear as to any correspondence I've had from Either Halifax or Lowell since then as I've been through a nervous breakdown, a divorce and have moved house around 10 times since! I got a pre-legal assessment letter a while ago and just binned it (wish I hadn't now after finding this site). Anyway after reading a few threads here I know that a. It can never be statute barred as it's an overdraft and b. asking for a CCA is irrelevant. My question is how can I reply to this letter in my circumstances? Am I doomed because it's an overdraft? On a separate note I've noticed that on the summary statement they claim I've made a payment of £60.00 which is complete nonsense as I've never even acknowledged them. Can I use this blatant deception against them? I was reading the fraud act 2006 and it states:

Fraud by false representation

(1)A person is in breach of this section if he—

(a)dishonestly makes a false representation, and

(b)intends, by making the representation—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss.

(2)A representation is false if—

(a)it is untrue or misleading, and

(b)the person making it knows that it is, or might be, untrue or misleading.

(3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of—

(a)the person making the representation, or

(b)any other person.

Is that relevant or am I clutching at straws here?

Many thanks to anyone who can assist!

While I appreciate your circumstances but when they do things like this a complaint should be made to the regulator. Supplying the evidence strengthens the case against them. We should not be negative and think that nothing will come of it because its something we can all do. it only takes a bit of time to find the right people, their address and the time and cost it takes to write a letter.

Not lodging a complaint only encourages them to greater confidence.

by nautilous Mon Apr 23, 2018 2:42 pm

Ok thanks for the tip I will do. Should I notify Lowell that I'm making a complaint against them?

by nautilous Wed Aug 15, 2018 7:16 pm

Update. I have been sent a court claim form. Lowell have only sent a copy of a notice of assignment. No statements. No proof that I made a payment (they sent 2 letters stating that they were looking into it, I know that I've never paid them anything!) Their last letter said they were waiting for documents from the OC but I've received nothing?

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