Lowell Threatening Legal Action

Hi all,

I got some great advice from the old forum regarding my mastercard debt which was passed to Lowell's

I sent the three letters and then sent the Estoppel notice on 14th February 2017.

Since then I have received countless letters from them, using the same template which they initially used to outline that the debt had been passed to them and I should get in touch.

Today, I received a letter dated 21st March which states that they are considering whether to transfer my account to solicitors for legal action to recover the debt.

Any advice on the next steps would be much appreciated.

Thanks,

Well you have not received a letter of claim have you?

When was the Halifax Account opened?

Might be worth sending a S78 request to Lowell but there again, why give them more time to come up with the goods

Thanks,

It was a credit card from 2011.

I have since received a letter from Lowell Solictors who asked for me to contact them to discuss the account. I have emailed them the three letters and estoppel and they have replied with the following email, which had a copy of the agreement attached.

We are instructed on behalf of Lowell Portfolio I Ltd to recover the outstanding balance due on an account you opened with Bank on 2 June 2011. The balance in question is now legally payable to our client. Please find attached a copy of the credit agreement as requested.



For your information, we confirm that since the original creditor assigned only its benefit and not its burden under its agreement with you, there was no requirement for your consent, no novation took place and therefore no novation agreement exists or was required. We would add that our client would not at any time be under any obligation to disclose the Deed of Assignment to you. This is a private record of a contract between our client and the original creditor, the terms of which are commercially sensitive and confidential. No part of its content could in any case provide, support or assist in any Defence you may wish to raise, and you have neither need nor right to be privy to that content.



Our client is also under no obligation to provide you with sworn affidavit or a signed bill. The bills of exchange Act 1882 to which you refer to deals by definition under Section 3(1) as follows-



“A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or bearer”.


Please contact us with a suitable repayment plan within 14 days from the date of this email, and confirm your preferred method of payment and date.

You can now register online at www.lowellsolicitors.co.uk to view your transaction history, use our helpful Budget Calculator and make payments including setting up a Direct Debit.

If you do not contact us to reach a suitable resolution or set up a payment plan, a Claim may be issued in the County Court incurring costs. If you do not respond to the Claim we may apply to enter a County Court Judgment (CCJ) against you, which could impact any future credit applications, mortgages or even some employment while it remains unsatisfied on your credit file.