Lowell solicitors -Letter of claim

by Lopsy Fri Mar 13, 2020 11:49 am

Hi all was a member of old forum. I have received a letter of claim from lowlife solicitors. They have given me 30 days to respond and have included forms for me to fill in ..... expenditure ...deny debt ...part of debt etc etc. What is my next move. I started the 3 letter process with Lowell but my 1st letter was returned bro sender as CEO left.

by **daveiron** Fri Mar 13, 2020 1:13 pm

Hi & welcome,
Please read post below, It will help.
https://goodf.forumotion.com/t4129-debt-questions-please-read-this

by Lopsy Fri Mar 13, 2020 1:36 pm

Thanks all read.

by **Mrblue2015** Fri Mar 13, 2020 4:26 pm

Here’s a lengthy post that I urge you to read in full.

https://goodf.forumotion.com/t2853-cabot-is-there-a-realistic-chance-to-fight-them

‘annap’ successfully tackled the letter before action with the help of one of our good friends on here, Waylander62.

In the meantime, did you issue a Subject Access Request to the original creditor (ie bank or credit card provider, not the debt purchaser)? If not, you will need to send one ASAP as they can stretch it out a month to reply...

Also, what documents have lowlife provided so far to evidence the ALLEGED debt?

by **Mrblue2015** Fri Mar 13, 2020 4:32 pm

And by asking you what lowlife have provided, this did not imply you upload such documents, but simply advise - for now - if you have seen a copy of any agreement, terms and conditions, a notice of assignment, a default notice, statements etc?

by Lopsy Sat Mar 28, 2020 4:20 pm

Hi not supplied with any documents.

by HuManChu Sat Mar 28, 2020 5:15 pm

I can attest waylander62 is a true gentleman, very very helpful and knowledgeable, I don't know what I would have done without him honestly.

by **Mrblue2015** Sun Mar 29, 2020 1:57 pm

HuManChu wrote:I can attest waylander62 is a true gentleman, very very helpful and knowledgeable, I don't know what I would have done without him honestly.

Agreed!

by **Mrblue2015** Sun Mar 29, 2020 1:59 pm

Lopsy wrote:Hi not supplied with any documents.

Good, then if lowlife have not supplied any docs PRIOR to you replying to their letter before action, then it’s highly likely they won’t have a leg to stand on and their letter before action is simply to scare you...

The courts work on the basis is documents (evidence) end of!

by **Mrblue2015** Sun Mar 29, 2020 2:01 pm

(Again follows the link I sent you which is very clear on how to respond to their letter before action - and do not do anything else ie do NOT complete their BS expenditure form etc.)

by Lopsy Sun Mar 29, 2020 2:19 pm

So no reply to expenditure? Just fill in bit contesting and send CCA request?

by **Mrblue2015** Sun Mar 29, 2020 7:22 pm

How much was the alleged debt for? Don’t say the exact amount, just round up to the nearest £1k

by Lopsy Sun Mar 29, 2020 8:38 pm

by **Mrblue2015** Sun Mar 29, 2020 9:15 pm

OK that’s good.

Responding to a Letter Before Action:

Send ALL of the following in the same envelope (preferably an A4 envelope): -

1. Complete the part of the form which states you DISPUTE the debt and require more information/documents - say “please find ENCLOSED L a formal CCA request along with the £1 statutory fee, and also a formal request requiring you to provide evidence of this alleged debt”

2. Enclosed letter 1: State this is an official CCA request for a copy of the agreement including the statutory £1 fee (eg postal order - and on that postal order, ensure you write “for CCA request”)

3. Enclosed letter 2: State this is an official request for a legible copy of ALL of the following documents in order for your client to evidence their claim: -

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

Photocopy all of the above inc the postal order and then send the envelope containing all three of the above documents via Royal Mail Signed For delivery BEFORE the 30 day deadline. If you do not, they will likely issue a claim and then it gets harder (but not impossible).

As an aside, you must sent a formal Subject Access Request ASAP and addressed to the Legal Department of the Original Creditor (OC) ie whoever Lowlife bought the alleged debt from.

by Lopsy Thu Apr 02, 2020 4:22 pm

Sending today

by Lopsy Thu Apr 02, 2020 4:24 pm

There letter dated 6th if mine dated 2nd will I be ok if posted today?

by Lopsy Thu Apr 02, 2020 5:54 pm

Missed post will special delivery be ok tomorrow for Monday?

by **Mrblue2015** Fri Apr 03, 2020 12:14 am

Should be fine

by Lopsy Sat May 02, 2020 6:44 pm

This is the reply I have from them

Lowell solicitors -Letter of claim Img_2010

by **Mrblue2015** Sun May 03, 2020 1:52 pm

Fine just ignore it. As it says, they are now waiting on their client to provide the other docs (which they won’t be able to). The rest of the crap they’ve written after that is in the hope you’ll give up still...

by **Mrblue2015** Sun May 03, 2020 5:07 pm

Did you send a SAR (Subject Access Request) to the ORIGINAL creditor? IE not the debt purchaser.

by **Mrblue2015** Sun May 03, 2020 5:11 pm

A SAR helps you fight an alleged debt as follows.

You send a SAR to an OC (Original Creditor) and the resulting documents you receive will provide evidence of any alleged debt (ie credit agreements, default notices, statements etc).

If / when you receive any documents to evidence an alleged debt from a debt purchaser, you can then compare what they have sent you with the REAL evidence you have ie from your SAR.

If you see any contradictions etc, then that tells you the that the debt purchaser has NOT, in fact, evidenced an alleged debt...!

Hope that makes sense

SAR Template:
(Address to the Legal Dept of the OC)

Dear Sir/Madam,

This is a data subject access data request as per the Data Protection Act, the EU GDPR and The Freedom of Information Act 2000. Please supply any and all of the information that <bank / CC provider> holds on me:

Name:
DOB:
Address:

May I remind you that you are required to reply in full and within one calendar month.
Yours faithfully

by Amethyst Sun May 17, 2020 6:19 pm

Yes, a SAR is imperative. A friend had the same type of letters from Lowells. She did a SAR and they sent back several documents but not one related to the alleged debt. My friend wrote to them again requesting the following:

a) A copy of the original loan agreement (and a copy of the assignment of debt)
b) A copy of the default notice
c) Evidence of service of the default notice
d) Statement of the account

They ignored the letter and filed a claim at County Court Business Centre which ended up at her local county court. So a defence was filed stating that the SAR did not contain any evidence of the alleged debt and that none of the documents requested, as listed above, have been provided by Lowells. Moreover, should they provide all the documentation as requested the alleged debt would be settled without controversy.

Amazingly the judge ordered Lowells to provide ALL the documents as listed above. A few weeks later my friend received a letter from Lowells with a a copy of a Notice of Discontinuance to the court. They couldn't provide the documents so gave up. Hope this helps you stay strong.

by **Mrblue2015** Mon May 18, 2020 7:01 am

Yep, sometimes these scumbags will STILL try it on (ie file a claim). It’s just their final attempt to scare you into paying up. But if you stay strong, you’ll win unless their client ie the debt purchaser has all of the necessary documents but that’s extremely rare.

by Lopsy Mon Jun 08, 2020 10:07 am

Hi received all the documents today. Notice of default...statement.... agreement and notice of assignment.

is that me having to pay?

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