Re: Lowell solicitors -Letter of claim

by **Mrblue2015** Mon Jun 08, 2020 1:32 pm

1) To be clear, who did you receive the documents from? Is this from the Original Creditor (who is that?) as part of your SAR?

Or from Lowells in response to the letter you sent them (which was in response to their Letter Before Action)?

2) What is a "notice of default"?

3) And do you mean the last page(s) of bank statements or credit card statements or loan statements?

4) What is the "agreement"? A Credit Card Agreement or Loan Agreement?

Please be as clear as possible w/o mentioning dates, exact sums etc.

by Lopsy Mon Jun 08, 2020 4:21 pm

Received from Lowell (vanquis) debt
Received letter saying account owned by Lowell ( from vanquis)
Digital signature application details
Notice of default letter and default notice
Also a statement of every transaction (credit card)

by **Mrblue2015** Mon Jun 08, 2020 5:43 pm

I am confused. You previously advised that Lowell was acting on behalf of their client, Vanquis (the letter uploaded shows this too). As such, how can Lowell OWN the account? Surely Lowell is a solicitor acting on behalf of Vanquis?

Have you received the results of the SAR to Vanquis?

by Lopsy Mon Jun 08, 2020 7:52 pm

The client is Lowell portfolio ltd they purchased from vanquis. Had no reply from sar request to vanquis. Although all the relevant paperwork I asked for (CCA)has been provided by Lowell solicitors.

by **Mrblue2015** Mon Jun 08, 2020 10:26 pm

I would say:

“My standpoint remains unchanged as per my letter to you <date of your last letter> which clearly lists out the legal basis of my dispute ie a request to see various documents and financial instruments which you have clearly not met in their entirety and indeed have either failed to supply as requested and described or failed to even mention. And I am not at liberty to explain exactly why as my last letter was perfectly clear.”

(You do not need to go into details...)

Also add:

“Should you still proceed with a claim without first supplying the evidence in full and as previously requested, I shall simply contact the court and ensure the claim is stayed until you do so.”

by **Mrblue2015** Mon Jun 08, 2020 10:26 pm

Also chase Vanquis for the SAR if a month has passed. Has Vanquis not so much as acknowledged your SAR?

by Lopsy Mon Jun 08, 2020 11:53 pm

Hi thanks but haven't they provided the evidence.?.sorry I'm confused

by Lopsy Mon Jun 08, 2020 11:54 pm

Will also send another sat as it hasn't been acknowledged

by **Mrblue2015** Tue Jun 09, 2020 7:33 am

Lopsy wrote:Hi thanks but haven't they provided the evidence.?.sorry I'm confused

I would argue not exactly as required, no. And that’s also why I said “ You do not need to go into details” in your next letter to them because it is not for you to, in effect, HELP them understand why...

And I won’t say how they are wrong on this forum because if anyone acting on their behalf - of even they themselves - are trolling this forum, it could supply them further ammunition.

NOTE: I have tweaked the wording to use in my 10:26 post from yesterday.

by **Mrblue2015** Tue Jun 09, 2020 7:58 am

Lopsy wrote:Will also send another sat as it hasn't been acknowledged

No need to send another but you can chase it if a month has passed since you issued the first SAR

by Lopsy Tue Jun 09, 2020 8:46 am

Will do today thanks

by **Mrblue2015** Tue Jun 09, 2020 10:15 am

You're welcome. If anything, my suggested letter (10:26pm yesterday) will buy you some more time and time it seems you need to buy Smile

by Lopsy Tue Jun 09, 2020 10:20 am

Great will see what response I get

by Lopsy Wed Jul 01, 2020 2:29 pm

Had reply today saying the debt is now legally owed. They again sent Notice of Assignment. Agreement. Default notice and statement

by **Mrblue2015** Wed Jul 01, 2020 2:50 pm

Have you received the SAR from Vanquis yet?

by Lopsy Wed Jul 01, 2020 3:22 pm

Hi strangely no. I'm wondering if I sent to correct address. Won't they have the same info Lowell solicitors have as the have provided Lowell with documents

by **Mrblue2015** Wed Jul 01, 2020 5:10 pm

Vanquis and Lowells are two different companies and therefore two different addresses...

by Lopsy Wed Jul 01, 2020 5:24 pm

Yes I understand that, but haven't.Lowell obtained the paperwork from Vanquis..default ... statement etc

by **Mrblue2015** Wed Jul 01, 2020 6:11 pm

That’s what Lowell say... A SAR may prove otherwise - which is exactly what you’re trying to find out Smile

by Lopsy Mon Nov 16, 2020 12:37 pm

Today I received another letter of claim from Lowell giving 39 days to respond. I never did receive the Sar from Vanquis going to send another today or tomorrow as it has been quiet for a few months it was put to the back of my mind with other stressful life stuff going on. Should I fill the paperwork in that has been sent and dispute?

by **Mrblue2015** Mon Nov 16, 2020 2:42 pm

To be 100% clear: you have received a letter saying "Letter of Claim" at the top? And you have received the EXACT same "Letter of Claim" from the same 'solicitor' i.e. Lowell?

Sorry to hear you've had a stressful few months. But to have any chance of winning these things, you really have to be organised / put reminders in your phone etc Smile

Don't send another SAR to Vanquis. Send a letter to Vanquis to chase your previous letter (SAR). And refer explicitly to that letter i.e. refer to the date of your last letter. In the meantime, complain to the ICO as the ICO approaching them will speed things up (it did for me).

https://ico.org.uk/make-a-complaint/your-personal-information-concerns/

by Lopsy Mon Nov 16, 2020 6:49 pm

Yes the same forms etc outgoings deny debt etc. Is this usual for them to send again?

by waylander62 Mon Nov 16, 2020 11:08 pm

Lopsy wrote:Yes the same forms etc outgoings deny debt etc. Is this usual for them to send again?

not usually no, you really need to get the information back from your SAR quickly, what address did you send it to and do you have proof of posting ?

It sounds like lowell may have provided enough docs to commence proceedings but as to the enforceability of the agreement ?

by **Mrblue2015** Tue Nov 17, 2020 9:52 am

As per Waylander62, a second letter of claim is unusual (weird I would say...)

And yes you need the SAF ASAP.

Do you know how to PROPERLY respond to a letter of claim?

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