Re: Lowell : Letter of Claim received

by Hellsbells6721 Tue Feb 25, 2020 11:22 am

No, back then I was new to all this and didn't even know there was such a thing as a default notice.
I went through all the 3 letter process and Estoppel back then and I didn't hear anything until 2019. I responded with the first of another 3 letters, also informing them of the previous letters I'd written back in 2016. They ignored it and just continued to send offers of repayment, which I ignored.

The default date in their letter is 7 months prior to my last payment! If it goes by the default date this debt should be Statute barred at the end of this year.

thanks

by Hellsbells6721 Tue Feb 25, 2020 1:50 pm

Gosh, I'm getting lost here. What is a DOV? I wouldn't know where to start reading between the lines, where can I find this information, please?

Thanks

by **LionsShare** Tue Feb 25, 2020 2:09 pm

POV is point of view

by Libelresponse Tue Feb 25, 2020 2:27 pm

Sorry my mistake: DOV is Deed of Variation, which is another way of saying a novation to an agreement (such as substituting terms or parties), (that is not just my point of view, it is how the law of assignements work - rights/things in action are transferred as property), Novation is alluded to in your letter from Lowell ...take note what they are telling you, that their is "no novation agreement" ...this clue helps you.

This is requested in your template letter No ? Perhaps ask the author of the letters you used, i cant second guess why they are in their, its useful to know if their is a novation, but if you dont know why you are asking for it, then who's fault is that ?, sorry to be blunt, but unless you take a closer interest in this than just follow step 123, you risk a CCJ.

IF .. The Default Notice date they claim is being 6 months prior to the last payment, IT means the account was open/active and the contractual agreement was NOT Yet terminated .... they cannot have it both ways can they ?

by Hellsbells6721 Tue Feb 25, 2020 2:43 pm

I am so very grateful for all the help I have received on this site. There is so much I don't know. What is Novation and what does it mean if there is no Novation agreement? Apart from the 3 letter process is there another I should send in response to the above one?

Thanks again

by Libelresponse Tue Feb 25, 2020 2:45 pm

LionsShare wrote:POV is point of view

And your point is ? feel free to assist the OP with better information wont you ..

by Mrblue2015 Tue Feb 25, 2020 3:15 pm

Libelresponse wrote:
LionsShare wrote:POV is point of view

And your point is ? feel free to assist the OP with better information wont you ..

Libelresponse... It's clear LionsShare made a simple mistake (misread the previous post as "POV" instead of "DOV") Wink

by **LionsShare** Tue Feb 25, 2020 3:24 pm

Mrblue2015 wrote:
Libelresponse wrote:
LionsShare wrote:POV is point of view

And your point is ? feel free to assist the OP with better information wont you ..

Libelresponse... It's clear LionsShare made a simple mistake (misread the previous post as "POV" instead of "DOV")

Cheers mrblue

Libelresponse as much as I try to get everything correct sometimes even I get stuff wrong, is that OK with you?

by Libelresponse Tue Feb 25, 2020 3:27 pm

Of course thats OK with me, thanks for clarifying btw.

by Mrblue2015 Tue Feb 25, 2020 3:37 pm

Happy days everyone bounce

by Libelresponse Tue Feb 25, 2020 3:47 pm

Mrblue2015 wrote:Debt purchasers are given permission by creditors (eg Vanquis) to create a Notice of Assignment in their (ie Lowell) name.

Makes sense that the Vanquis account would have defaulted before Lowell bought it.

They could be chasing it as it’s running out of time, but, regardless (ie who gives a damn) they can’t get away from the fact that they need to evidence the alleged debt

"Debt purchasers are given permission by creditors (eg Vanquis) to create a Notice of Assignment in their (ie Lowell) name"

...this is true for an equitable assignment, the assignee has to enjoin the OC as a party to proceedings (use their name as claimant) BUT ... they cannot pre-date the cause of action before they are assigned though, (which appears to be the case from what Hellsbells is saying) and an equitable assignment is only enforceable for purchase value/consideration ..... so the old chestnut of sensitive commercial data does not apply.

"Makes sense that the Vanquis account would have defaulted before Lowell bought it."

But the OP says the default notice is claimed from before the agreement was terminated, if i have read it correct, which is cart before horse if so.

by Mrblue2015 Tue Feb 25, 2020 3:51 pm

What's the "OP" Libelresponse?

by **LionsShare** Tue Feb 25, 2020 4:11 pm

Mrblue2015 wrote:What's the "OP" Libelresponse?

Don't think I better guess this in case....

by Mrblue2015 Tue Feb 25, 2020 4:12 pm

LionsShare wrote:
Mrblue2015 wrote:What's the "OP" Libelresponse?
Don't think I better guess this in case....

by Libelresponse Tue Feb 25, 2020 5:00 pm

Mrblue2015 wrote:What's the "OP" Libelresponse?

On Point .... tongue

by Mrblue2015 Tue Feb 25, 2020 6:30 pm

“ But the OP (On Point) says the default notice is claimed....”

I’m still not sure what that means or what you intended that to mean? Smile

by Libelresponse Tue Feb 25, 2020 7:48 pm

Hellsbell's post top of this page ..

Would be useful knowing what the date was when they sent out the NOA in relation to the above also ...

by flyingfish Wed Feb 26, 2020 7:45 am

Hellsbells6721 wrote:The default date in their letter is 7 months prior to my last payment! If it goes by the default date this debt should be Statute barred at the end of this year.

Did that actually issue a Default Notice?

If you made payments after the default notice was issued then best case it will become statute barred six years after your last payment. However if your payments brought the account up to date before the expiry of the default notice then the notice is effectively cancelled as if never made. In that case to take legal action a new compliant DN would need to be issued and the statute barred clock would start its expiry.

by sharman Mon Mar 02, 2020 8:59 pm

I've been following this thread to attempt to extract info for similar letter of claim. was thinking to send a SAR after your suggestions. Would i send it to the solicitor and the debt collector? (to ask for any documents held in my "Mrs." name) and sign the doc with my sovereign name?

by Hellsbells6721 Tue Mar 03, 2020 10:59 am

Hi everyone,

Sorry for my late response. I was working away and was unable to get home due to the bad weather. the floods in Wales have been horrendous !

I have never received a default notice from Lowell or Vanqis but the letter giving notice of assignment was dated 5th May 2016.

Regards

Hellsbells6721

by Hellsbells6721 Tue Mar 03, 2020 11:11 am

by Hellsbells6721 Tue Mar 03, 2020 11:14 am

This is the letter I received on my return. I think it arrived on 28 or29 February

Any advice gratefully accepted

Regards

Hellsbells6721

by Mrblue2015 Tue Mar 03, 2020 12:58 pm

Hi,

Did you get around to sending DCA letter 3 yet to Lowell?

by Hellsbells6721 Tue Mar 03, 2020 1:05 pm

Yes I did on 27/02 but I have not had a response to that yet.

Regards

Hellsbells6721

by Mrblue2015 Tue Mar 03, 2020 3:24 pm

OK let's see what response we get to that and in the meantime, have the following Estoppel document ready to send (you will need to scroll down to find the document):

https://goodf.forumotion.com/t41-the-3-letters-process

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