Re: Lowell : Letter of Claim received

by Mrblue2015 Wed Jan 13, 2021 2:19 pm

I hope Waylander62 can help you (if anyone can, he can!).

These scummy solicitors (putting solicitors in italics as I consider them to be of the Mickey Mouse variety, as most are simply glorified in-house DCAs...) are more often than not incompetent and useless, despite becoming increasingly bolshie i.e. issuing court claims.

To quote a respected member on here, "most are unable to even catch a cold!".

I can vouch for that too, because I have a friend who's had a 'solicitor' running around in circles and for god knows how long.. So what does that tell you about most of them? As I say, most are competent and make a pig's ear of it, trying to hold potential debtors to account, w/o having the evidence etc they need.

(I don't want to get your hopes up as not all wins are 100% guaranteed! But I hope I have at least uplifted you / you know you still have a good fighting chance as this is still only an alleged debt...)

by waylander62 Wed Jan 13, 2021 4:10 pm

so they have now issued a claim with the courts ? am i right ?

are you going to defend this claim ?

its been a while ( end of november ) Shocked

i am not sure exactly where we are with this

i see having looked briefly that we have a complaint going with the ICO have you done anything about this ? as i have previously said this could be the answer you need to stop any claim

by Hellsbells6721 Wed Jan 13, 2021 6:11 pm

Hi Waylander

You are right, they have issued a claim with the courts. I want to defend this claim but I'm concerned that there's no point.

The last letter I received from Lowell was on 16/11/2020 enclosing a copy of my statement, credit agreement, and default notice. I responded to this letter as instructed by you, stating that the documents they sent were not in compliance with the CCA and that they have not complied with my pre action requests, under the Practice Direction and Pre Action Protocols, which they have breached.

I received no other correspondence until today. The ICO Emailed me at the end of November to say they would look into my case, but I have heard nothing from them!

I've been trying to keep on top of things but I haven't chased up the ICO for a response, which they said they would make in a fortnight.

At this stage, I would be grateful for any advice.

Many thanks

Hellsbells

by waylander62 Wed Jan 13, 2021 9:46 pm

i will try and help you the best i can but i also need you to be on the ball and help yourself and to help me help you

if that makes sense

i need to go through this piece by piece and as quickly as possible. please try and answer asap

i) roughly how much is this debt for dont be exact
ii) you need to chase up the ICO, remind them that they said a fortnight and you NEED this information. Vanquis have ignored you 3 times . Dont let them fob you off make them do their job. Let me know as soon as possible what they say.
iii) if you are going to defend then acknowledge service as soon as you can.
iv) i will need to see some information, which can be in a private message, are you ok with this ?

please let me know asap the time has come to act and quickly.

by flyingfish Thu Jan 14, 2021 8:51 am

Hellsbells6721 wrote:I have done all the above and heard nothing until today when I received a court order.

Just so we're all clear can you confirm that what you received was a Claim? A Court Order means the case has been to court and they've decided something already. And assuming it is a claim, you've filed an Acknowledgment of Service? What's the deadline for your defence now? Waylander was asking the rough value, what's important is whether it's under £10K so we expect it will follow the Small Claim track.

by Hellsbells6721 Thu Jan 14, 2021 10:14 am

Hi Waylander

You make perfect sense and I will do my best to be on the ball.

i)Approx £1200

ii) I will ring them now.

iii) I will also acknowledge service now.

iv) I would be more than happy to have private messages

Many thanks

Hellsbells

by Hellsbells6721 Thu Jan 14, 2021 10:15 am

Hi Flyingfish

It is a claim form

Hellsbells

by Hellsbells6721 Thu Jan 14, 2021 10:37 am

Hi Waylander

I have tried contacting the ICO by phone and the recorded message said that they are all working from home and are only just dealing with June's complaints!!

by waylander62 Thu Jan 14, 2021 11:08 am

Hellsbells6721 wrote:Hi Waylander

I have tried contacting the ICO by phone and the recorded message said that they are all working from home and are only just dealing with June's complaints!!

i assume the recorded message says although they are working from home you can still wait to speak to someone ? you can try and speak to someone and raise the urgency of your complaint because a claim has been issued against you through the courts and you now need this information to submit to the courts .

can you send me a copy of the claim form in a private message ? i need to see their particulars of claim and the signature box at the bottom.

did you respond to a letter before claim ? and request documents ?

ack. service as soon as possible, get that out of the way.

by Mrblue2015 Thu Jan 14, 2021 11:26 am

Hellsbells6721 wrote:Hi Flyingfish

It is a claim form

Hellsbells

FOR ALL READING THIS THREAD and as illustrated with the above example:

Please ensure that, when seeking help, the correct form / letter types etc are used. The letter type or form should always appear at the top of the paper e.g. 'Letter of Claim'.

Makes it far less time consuming for those who are giving up their time to help.

(Thanks for obtaining the clarification Flyingfish, well spotted)

Thank you Smile

by Mrblue2015 Thu Jan 14, 2021 11:29 am

Hellsbells6721 wrote:I have tried contacting the ICO by phone and the recorded message said that they are all working from home and are only just dealing with June's complaints!!

FOR ALL READING THIS THREAD and as illustrated with the above example:

The moment anyone receives a letter from a Debt Purchasing company that says they now own the account / debt etc from whoever the original creditor was (i.e. the name of the BANK or Credit Card provider etc), that is the time to send a Subject Access Request to the original creditor (NOT the Debt Purchaser). The sooner you get the ball rolling, the better as evidenced by the above example (no fault of Hellsbells!). By law the original creditor must reply and in full within one month. HOWEVER... They sometimes don't respond / take longer / don't reply in full etc. It can, in reality, takes months (been there, done that...)

by Hellsbells6721 Thu Mar 25, 2021 11:56 am

Hi all,

It's been a while since you've heard from me or had any updates. That's because much has been going on behind the scenes. Waylander62 has been an amazing help and support and I owe him a huge debt of gratitude.

Lowell has dropped the case against me and has sent me and the court a Notice of Discontinuance, confirming that they have brought the legal proceedings to an end.

To say I am over the moon is an understatement and has given me the courage and incentive to fight Cabot, who is also going after me.

Sincere thanks to all at GOODF Community, you are worth your weight in gold.

Hellsbells6721

by Mrblue2015 Thu Mar 25, 2021 1:45 pm

Well done for sticking to your guns Hellsbells6721! Didn't we say you'd win...?

And I would like to also add a thank you to Waylander62 for all of his support where people are beyond the support that the GOODF process provides. He has also helped me on many an occasion to, we'd be lost without him - a true warrior in the fight against scum!

Will move this post to the 'Success' section.

by Hellsbells6721 Thu Mar 25, 2021 1:49 pm

I am beyond pleased. If it wasn’t the support I had from Waylander, I think I would not have had the strength to continue. You’ve all been amazing.

by Mrblue2015 Thu Mar 25, 2021 1:57 pm

a pleasure for me to help you too! You've been easy to work with too which helps! Some of the pulling teeth we have to do with some visitor bless them Wink

All the best and you know where we are if you need us again... Tell people about us Smile

by Hellsbells6721 Thu Mar 25, 2021 2:04 pm

I definitely will. Actually, I’ve got Cabot to deal with next. 3 different debts!!! I’ve got the confidence to give it a go though and I’m sure I will need your help.

by waylander62 Thu Mar 25, 2021 2:07 pm

Hellsbells6721 wrote:I definitely will. Actually, I’ve got Cabot to deal with next. 3 different debts!!! I’ve got the confidence to give it a go though and I’m sure I will need your help.

any recent letters for any of these debts at all threatening ? stay on the ball and one step ahead Wink

by Hellsbells6721 Thu Mar 25, 2021 2:11 pm

No, they are not going to contact me until the middle of April because my daughter answered the phone to them a few weeks ago when I was having tests in hospital and she basically told them they were causing severe stress at a very difficult time, so they said they would get back to me in 60 days!!!
I’ll get all the documents together and I’ll get back to you with all the details.

by Mrblue2015 Thu Mar 25, 2021 2:33 pm

Well let us know when you are closer to the time and either the GOODF process will be a good starting point (inc. our new 'Notice of Conditional Acceptance') OR, if you're past that and at the 'Letter of Claim' stage again, when I'm sure W62 will look after you Smile

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