Re: TESCO CREDIT CARD & LOWELLS

by Mrblue2015 Sat May 18, 2019 2:36 pm

Ignore it as they have not received your third letter. And when it’s clear they have, send an estoppel (can be found on this site).

DSAR: As per the template letters, look for original agreement, Ts&Cs, default notice, notice of assignment. Also regarding the statements: check for any PPI payments and check what the final, outstanding balance is. NO NEED to reveal the figure on here. (Except Maybe round up to the nearest £1k.)

Also no need to reveal on this form if it’s a “yes” to any or all of the docs you’re looking for in the DSAR. Just hold those cards to your chest (for now...)

by **daveiron** Sat May 18, 2019 2:40 pm

Hi, First off ,the copy agreement they sent ,is it a copy of THE agreement or a reconstituted one ?
Is it 100% legible and complete & does it contain everything ,terms & conditions etc ?

by Ithesoul Sat May 18, 2019 10:40 pm

Hi Mrblue & daveiron
Many thanks for your replies, I will do as you suggest.

Best wishes.

by Mrblue2015 Sun May 19, 2019 9:01 am

You will realise why DaveIron is asking what he is asking when you get the results of your DSAR... Wink

And you’re welcome!

by Ithesoul Thu Nov 14, 2019 11:36 am

Hi Chaps
After a long period of relative silence from Lowells, apart from a number of discount offer letters, I have today received the attached two letters referring the matter to their solicitors. As ever I would be very grateful to get your advice on how to proceed. As detailed in my previous posts I have sent the 3 letters to Lowells & have also received the DSAR from Tesco.
Many thanks in advice for your help.

TESCO CREDIT CARD & LOWELLS - Page 2 0113

TESCO CREDIT CARD & LOWELLS - Page 2 0213

by **LionsShare** Thu Nov 14, 2019 5:00 pm

certainly without a signature there is NO liability, there is no commercial value in it.

Did not stop those corrupt courts doin' me over!

by Mrblue2015 Thu Nov 14, 2019 5:01 pm

I would write back to them and ask them:

Referring to your letter dated xyz; can you explicitly confirm if that letter was a Letter Before Action as per the PRACTICE DIRECTION – PRE-ACTION CONDUCT AND PROTOCOLS.

In the meantime, you could do some reading:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

Note: the LBA is effectively 6. a).

Hold tight buddy. Additional help is on hand here and this is FAR from over (as in you’ve not lost yet and may well not lose at all!) Smile

by **LionsShare** Thu Nov 14, 2019 5:04 pm

I don't know how this all works with debt in general, do court papers for debt require signature(s) for a claim to go ahead. I actually would have thought so!

When receiving from dca(s) over utilities I rarely if ever get some one to sign.

by Mrblue2015 Thu Nov 14, 2019 5:08 pm

Yep they never sign mate - I call it cowardly - they are worried (imo) that if they put a name on it, they might be hunted down. Not advocating that of course! Wink

by Ithesoul Thu Nov 14, 2019 5:50 pm

Hi LionsShare & Mrblue
Many thanks for your replies & advice, I will draft a letter to them ASAP.

Best wishes

by Mrblue2015 Thu Nov 14, 2019 6:06 pm

You’re welcome mate. Don’t send just yet - give it another 24 hours or so to see if anyone else on here has further advice for you

by Ithesoul Thu Nov 14, 2019 9:48 pm

OK, will do.

by Mrblue2015 Fri Nov 15, 2019 7:33 am

Good morning Ithesoul,

Upon further research their initial letter is NOT a LBA.

As such, at this stage I would not write to ask them if this is a LBA.

For now only, treat the solicitor as yet another agent. Start the 3 letter purpose for DCAs (not Debt Purchasers):

https://goodf.forumotion.com/t1163-new-alternative-letters-for-dca-s-acting-as-agents

Note: in the template where it says XXXXX (OC). Replace this with the name of the Debt Purchaser (Lowell Financial Ltd?)

You’re still trying to obtain full proof of (the DP’s) entitlement to the alleged debt.

by Mrblue2015 Fri Nov 15, 2019 7:50 am

(Oh, and NEVER call them or email them or register with their ‘online service’. Stick to letters with proof of signature ie Royal Mail Signed For)

by Ithesoul Fri Nov 15, 2019 10:42 am

Hi Mrblue
Thanks so much for your further advice with this, I will do as you suggest & let you know how things progress.

Best wishes

by Mrblue2015 Fri Nov 15, 2019 11:23 am

Anytime buddy. I love the 'fight' so-to-speak. Never think you're left with nothing except for to roll over.

by waylander62 Fri Nov 15, 2019 12:48 pm

i believe you said that you had some old statements from this CC that you have had from the beginning, can you see any PPI on any of them ? did you have payment protection ?

by HuManChu Sat Nov 16, 2019 1:59 pm

Hi MrBlue, I have similiar situation to the aforementioned. However, I have not started a 3 letter process as yet...

I received a county court claim form today. Please can you tell me my options from this point.

by Mrblue2015 Sat Nov 16, 2019 3:33 pm

Hi humanchu, please can you start a new post as this is someone else’s

by HuManChu Sat Nov 16, 2019 3:58 pm

Apologies yes, I just considered it better to post here as it is maybe only a slight deviation (court claim) on the exact same situation.

by Ithesoul Mon Nov 18, 2019 8:34 am

Hi waylander62
Thanks for your message, I didn't have any payment protection on this account, I have claimed on other accounts & so I am up to date with all that.

by waylander62 Mon Nov 18, 2019 12:39 pm

Ithesoul wrote:Hi waylander62
Thanks for your message, I didn't have any payment protection on this account, I have claimed on other accounts & so I am up to date with all that.

shame, have you checked though ? i am helping someone currently who said exactly the same then got statements in a SAR and was owed over a £1000 !! claim against them is currently stayed but we are looking to apply to strike out or have them discontinue.

by Ithesoul Mon Nov 18, 2019 5:57 pm

Hi Mrblue
I cannot track down the CEO name for Lowell Solicitors, any suggestions as to where I could find it or what would be the alternative approach?.

Many thanks

by Mrblue2015 Mon Nov 18, 2019 6:10 pm

Don’t worry, I would simply put “sir / madam” because as per the letter you uploaded, they never seem to sign letters from individuals whereas we do. So I see it has being of no significance.

As long as the reference as the top of the letter remains the same, then who cares tbh who you write to, as they (someone!) will reply.

by Ithesoul Mon Nov 18, 2019 9:17 pm

Hi Mrblue
Great & thanks for your advice.
Another question please, I could include in the letter for how long & how many times I have asked for the information, also before Lowell from 4 other DCA's & originaly from Tesco, all since 2015!. What do you think?.

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