Re: Lowell : Letter of Claim received

by Hellsbells6721 Thu Mar 05, 2020 11:49 am

Will do. Many thanks.

Hellsbells6721

by Hellsbells6721 Fri Mar 06, 2020 9:33 am

I am sending the Estoppel notice tomorrow, what sums should I charge on the fee schedule ?

Many thanks in advance.

Hellsbells6721

by Hellsbells6721 Fri Mar 06, 2020 10:57 am

Hi,
I've just downloaded the bill to send with the Estoppel Notice and there are parts of it I don't understand. How many letters do I charge for and I don't understand the bit about my trademarked name.
Please could someone help me out here. I will be sending this letter tomorrow.

Thanks
Hellsbells6721

by **Mrblue2015** Fri Mar 06, 2020 3:48 pm

You're only going to (potentially) charge them for any subsequent letters they send you. Send the Estoppel as is (apart from adding your name and address etc of course).

In the meantime, check out this example link to understand what an Estoppel is and why we send one:

https://www.investopedia.com/terms/e/estoppel.asp

by Hellsbells6721 Tue Mar 10, 2020 11:29 am

Thanks

by Hellsbells6721 Wed Sep 09, 2020 4:40 pm

Hi,
It's been a while since I contacted you because since this COVID scam it all went very quiet. However, I have now received a letter from Lowell Solicitors, dated 22/08/2020. It is titled Notice of Acting and they have also enclosed a notice from Lowell ( their client, lol) regarding this! It states that they will initiate legal proceedings unless I make a payment offer. they do not give a 30-day time limit to my response, as they did in the Letter of Claim.
I also received the SAR from Vanquis on March 20th, 2020, but all it contains is a copy of the digital signature application, statemen information, and copies of the correspondence relating to late payments, payment arrangements, etc.
As I previously explained, the default date is 14/12/2020 and I am wondering if I could ride this out. I had my surgery cancelled in April due to COVID and it has been rearranged for December 9th, 2020. This is a major surgery to remove the implants from my breast reconstruction, following bilateral mastectomies and also to remove surrounding tissue to check for further cancer spread.
What would you advise me to do next?

many thanks, in advance

Hellsbells6721

by songster Thu Sep 10, 2020 6:04 am

I think you have to reply to a Notice within 72 hours (if you don't agree with it) to be seen as honourable. Outside of 72 hours you can apologise for not replying within the 72 hour time frame and this will ensure you stay honourable. If you don't reply you have given tacit agreement.

by **Mrblue2015** Thu Sep 10, 2020 7:43 am

Good morning hellsbells,

‘Notice of Acting’ - I suspect the Mickey Mouse ‘solicitor’ is mincing with words, with the intention to ‘scare’ you and here’s why:

https://uk.practicallaw.thomsonreuters.com/6-525-9294?transitionType=Default&contextData=(sc.Default)&firstPage=true

In other words, the ‘solicitor’ would send a ‘Notice of Acting’ to the courts NOT YOU... Hence ‘Mickey Mouse’... Wink

You say: default date is 14/12/2020 . How can that be? Did you in fact mean statute barred is 14/12/20?

Did the ‘solicitor’ included a form with their letter? For you to fill in? It will contain several boxes etc ie asking if you accept the debt, dispute it etc?

IF NOT...

You can reply as follows:

“Why have you issued me with a ‘Notice of Acting’ when such a notice is to be sent to a court not defendant. Can you therefore confirm whether your recent letter is in fact a ‘Letter Before Action‘ as per the mandated Practice Direction Pre Action Conduct and Protocols?

To date your client has failed to provide the EVIDENCE required for them to lawfully substantiate their claim to any alleged debt and therefore I reject and rebut your client' claim to any alleged debt and I reject and rebut your client's presumption that I owe them any alleged debt.

Should you proceed with court action without following the Practice Direction Pre Action Conduct and Protocols, I shall immediately contact the court to stay proceedings and for the reason above.”

And you don’t have 72 hours to reply, they’ve given you 30 days. But in my opinion, make sure they DO receive your letter well before 30 days.

by Hellsbells6721 Thu Sep 10, 2020 10:44 am

Hi Mrblue,

I noticed the default date on my credit report and I assumed that it must also be the Statute-barred date. The letter did not give any time frame by which to respond. No forms were included with the letter. Is your reply above sufficient response, please?
Many thanks,

Hellsbells6721

by Hellsbells6721 Thu Sep 10, 2020 1:44 pm

Hi, again,
Post has just arrived with a 'Letter of Claim - 30 days to prevent Legal Action. there is a reply form enclosed to send back within 30 days, asking if I agree to owning the debt, including other questions. The final section asks if I need more documents etc. Iwill fill out this form and return it just in time, to drag things out a bit!

I have also just posted the letter you draughted for me above. Is there anything else I should do?

Thanks again

Hellsbells6721.

by **Mrblue2015** Thu Sep 10, 2020 5:27 pm

I am getting very confused now. Are you sure you are not mixing this thread (the one we are discussing now) with your other thread:

https://goodf.forumotion.com/t4086-two-cabot-debts-transferred-to-resolvecall-for-recovery

???

The reason I ask is because you said you received a 'Notice of Acting 22/08/20' and the solicitor apparently gave you 30 days to reply. And now today (LESS than the 30 days they gave you) you have received another letter, apparently a Letter of Claim? That's very strange. Either an admin issue their end or they are being PARTICULARLY nasty... B'stards if the latter, idiots if the former...

by **Mrblue2015** Thu Sep 10, 2020 5:30 pm

Hellsbells6721 wrote:Hi Mrblue,

I noticed the default date on my credit report and I assumed that it must also be the Statute-barred date. The letter did not give any time frame by which to respond. No forms were included with the letter. Is your reply above sufficient response, please?
Many thanks,

Hellsbells6721

1) You said the default date was Dec 2020 How can that be possible...? The default date is the date an account (e.g. loan, credit card) defaulted. Your credit report usually shows the date or month that the account defaulted. E.g. January 2016. And from there, you would add 6 years (England and Wales) to work out when it becomes statute barred, so for this example statute barred would be January 2022

2) Yes my above response was* sufficient.

*However, you're now saying you have a Letter of Claim for the same alleged debt and the same solicitor (unless you have mixed up the threads). In which case, my proposed response is irrelevant now as the 'Notice of Acting' as been superseded with a 'Letter of Claim' unless your threads are indeed mixed up...

by **Mrblue2015** Thu Sep 10, 2020 5:44 pm

Finally... If you have indeed received a Letter Before Action or Letter of Claim...

How to respond to a Letter Before Action / Letter of Claim. Please follow ALL 3 steps:

1. Filling out the form:
From the form, tick the box that days you DISPUTE the debt. You should also have a box that says allows you to enter a reason for disputing the debt. In this box say the following (in italics):

“Please find enclosed two letters:

a) A formal CCA (Consumer Credit Agreement) request along with the £1 statutory fee.
b) A formal request requiring you to provide additional evidence in relation to the alleged debt"

(Do NOT fill in the expenditure form etc if they supply one!)

2. Letters a) and b) - the 'enclosed letters'

For letter a) write a headed etc letter and state the following (in italics):

“This an official CCA request for a copy of the agreement including the statutory £1 fee.”
(Also enclose a postal order for £1 and on that postal order, ensure you write “payment for CCA request only”.)

For Letter b) write a headed etc letter and state the following (in italics):
“This an official request for a legible copy of ALL of the following documents in order for your client to evidence their claim to the alleged debt: -

a) Any Default Notice served
b) Any Notice of Assignment served
c) Any Statements of account showing how exactly the alleged sums have become due
d) The Termination Notice
e) The Sale Agreement / Deed of Assignment evidencing their clients title to bring a claim”

3. Photocopy all of the above (i.e. the form, your two enclosed letters AND the postal order) for your records PRIOR to sending an A4 envelope containing all of the original documents and postal order via Royal Mail Signed For delivery ensuring the envelope gets to the solicitor BEFORE the 30 day deadline. I personally would ensure you send off your envelope with two weeks or at the very latest, one week to go (don't risk leaving it too late...)

If you do not do the above, they will likely issue a claim and then it gets harder (but not impossible) to fight...

by waylander62 Thu Sep 10, 2020 8:42 pm

did the SAR from vanquis contain a copy of the default notice ?

did it contain the terms and conditions which accompanied the 'application' ?

did it contain a copy of the notice of assignment ?

IF this is a genuine letter before claim then you need to respond and within the 30 days else they WILL issue a claim.

A letter to Vanquis may be in order too depending what they have sent you in your SAR

it is time for action on this one.

by Hellsbells6721 Fri Sep 11, 2020 11:00 am

Hi Mrblue,

Sorry for the confusion, I received the Notice of Acting letter back in August, dated22/08/2020. Yesterday I received the Letter of Claim, dated 04/09/2020.
The default date on my credit file is 14/12/2014, sorry for my mistake.
When I asked if your response was sufficient, what I meant was did I need to send another template letter too? I wasn't being rude, I am more than grateful to you all for your expert advice. I did send that letter before I received the Letter of Claim, yesterday. I will now get on with replying to the Letter of Claim.

Many thanks

Hellsbells6721

by **Mrblue2015** Fri Sep 11, 2020 11:18 am

Ah, now it makes sense (default date!) haha.

Not to worry, no longer confused (and you wasn't being "rude" Smile

The b'stards! Sending you a Letter of Claim before you even had the 30 days they 'allowed' you ('nice' of them...) to reply to the previous letter!

The good news is, and as I said before, they (the mickey mouse 'solicitor' - no doubt in-house) ARE also idiots as they have shot themselves in the foot by issuing you with a Letter of Claim. Why? Because now you shall be formally requesting the required evidence (documents) as part of the Practice Direction Pre Action Conduct and Protocols and I can pretty much assure you that they will NOT be able to supply such evidence, and therefore they cannot make a court claim.

IF they turn out to be even bigger b'stards than they already are (have I said b'stard enough let?? haha) then they might still raise a claim but that's fine because then you'll contact the court demanding they "stay proceedings" given that the mickey mouse 'solicitor' has breached the Practice Direction Pre Action Conduct and Protocols by not supplying the evidence you kindly allowed them (within 40 days*) to provide in order to lawfully substantiate their claim...

But let's see if it gets that far. In the meantime, please can you respond to the questions from Waylander62 dated 10/09/20 8:42pm as well as getting that 'fat' envelope sent off Smile

Thank you

*40 days - I should have asked you to also add the following line to both of your enclosed letters:
"to be provided to me within 40 days of the post marked date of this letter"

by Hellsbells6721 Fri Sep 11, 2020 11:34 am

HI,

I have just finished responding to Waylander62 and am about to send a message of thanks to Daveiron. Your above response has just cheered me up no end. You can call them b'stards as many times as you like, in my book. Laughing

by **Mrblue2015** Fri Sep 11, 2020 11:39 am

Glad to hear it, we all need to find humour where we can these days Smile

by Hellsbells6721 Mon Sep 14, 2020 12:49 pm

Hi Waylander62

I did respond to your previous message but something must have gone wrong. I'll try again.
The SAR did not contain a Default notice or terms and conditions, there was just a digital copy of the agreement and some statement information.
Vanquis did send a copy of the Notice of Assignment, back in 2016.

I am now about to send letters a and b, above as advised by Mrblue. I do need a little help here though. When I write the headed letter, should it just be my name and address, and when filling in the form, how do I write in italics? Sorry if that's a stupid question!

Many thanks
Hellsbells6721

by **daveiron** Mon Sep 14, 2020 2:38 pm

Hi ,its not a stupid question , Just to clarify, when Mr Blue said write italics
what he means is write in your response what he has shown in italics .
Just write in plain text . Yes just name and address.

regards dave

by Hellsbells6721 Mon Sep 14, 2020 4:12 pm

Hi,

Doing it in the letter is fie because I'll do it on word, what about the part of the form that I have to fill in myself, that is the reason for dispute?

Thanks

by **Mrblue2015** Mon Sep 14, 2020 4:16 pm

As per my instructions again:

From the form, tick the box that days you DISPUTE the debt. You should also have a box that says allows you to enter a reason for disputing the debt. In this box say the following (in italics):

“Please find enclosed two letters:

a) A formal CCA (Consumer Credit Agreement) request along with the £1 statutory fee.
b) A formal request requiring you to provide additional evidence in relation to the alleged debt”

by Hellsbells6721 Mon Sep 14, 2020 8:59 pm

Dear Mrblue,
Thanks for your patience. I'm so stressed about getting it spot on. I actually thought I had to write in italics on the form!!!!!
Sorry again.

by **Mrblue2015** Mon Sep 14, 2020 9:14 pm

Haha bless you! Don’t get stressed it’s just a Mickey Mouse form. Stress is all in the mind... The whole system is designed to make you feel that way and to hopefully (in their eyes) make you give up...

by **Mrblue2015** Mon Sep 14, 2020 9:15 pm

(Remember to photo copy everything, including the postal order, before you send it all off)

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