Oakfieldboy Diary

[Joanna Connolly Solicitors]

Hi Diana

How do I

response to this Lowell form.

Tick box D (Defend all)

Tick box I (Request all evidence that they intend to rely on)

I’ll take a look back at your thread tomorrow before suggesting what you should do next.

Sometimes it makes sense to ignore a Letter of Claim and sometimes it doesn’t.

It depends on the strength (or not) of your legal position.

Feel free to give me a nudge by PM if I don’t post on your thread tomorrow.

Di

[nightwatch]

I think it is box d, defend all, but don't say what info you want,

[oakfieldboy]

Hi Diana

How do I

response to this Lowell form.

Tick box D (Defend all)

Tick box I (Request all evidence that they intend to rely on)

[Joanna Connolly Solicitors]

Lloyds credit card - Lowell post 19

Letter dated 3rd March 2019 received from Lowell solicitors stating letter of claim - 30 days to prevent legal action.
We act for Lowell portfolio 1 Ltd and we are instructed to recover your debt of £10900.00.
What do I need to do now.
You have 30 days from the date of this letter to either make a one off payment of £10900.00 or agree a payment plan or respond to this letter as set out in the following enclosed documents.
Information sheet.
Financial statement.
Reply form.

Could you please advise me what to do next. Thanks Oakfieldboy

I'll take a look at the history of your debt before suggesting what you should do, or not do, next.

You have 30 days to reply to the Letter of Claim so there is time to build your strategy.

I wouldn't ask them for more information or documents in case they source them. From what I can see the credit agreement is unenforceable so don't give them the opportunity to put that right

Di

[nightwatch]

I think you tick box D you need more info, but don't tell them what and do not fill in the I&E,
Because of the amount being claimed, may I please ask you to email Di
as she will be able to say more than me

[oakfieldboy]

Lloyds credit card - Lowell post 19

Letter dated 3rd March 2019 received from Lowell solicitors stating letter of claim - 30 days to prevent legal action.
We act for Lowell portfolio 1 Ltd and we are instructed to recover your debt of £10900.00.
What do I need to do now.
You have 30 days from the date of this letter to either make a one off payment of £10900.00 or agree a payment plan or respond to this letter as set out in the following enclosed documents.
Information sheet.
Financial statement.
Reply form.

Could you please advise me what to do next. Thanks Oakfieldboy

[Joanna Connolly Solicitors]

Lowell are now the new owner of the debt so do not know there is a dispute, so if you do nothing you risk the chance of a LBC

If a Letter Before Claim arrives then perhaps that's the time to respond. Or at least wait until Lowell Solicitors are instructed.

I agree with Warwick65 that if you tell them there's a dispute they may make an effort to remedy the flaw. In this case they could reconstitute the right Ts & Cs when the penny drops that they've sent the wrong Ts & Cs (according to Niddy and the OP) in response to a CCA Request.

Di

[Roger]

The LBC is a fairly recent procedural change.
The SWID (which I have used to good effect BUT this was pre LBC and the agreement was flawed).
Your UE reason is good BUT ideally you want them to rely on what they have already sent.
The size of this debt means its a Fast Track Claim (NOT a small claim).

In this Case I would agree with Warwick65. Wait and see what their next letter says!

[Warwick65]

All the template letters are worded so you DONT acknowledged the debt, that is the point of them.
Lowell are now the new owner of the debt so do not know there is a dispute, so if you do nothing you risk the chance of a LBC

I have not read the current ones because they are not accessible. However, I have seen cases where template letters have been 'rubbished' in court and the 'debtor' made out to be a filthy debt dodger who is doing anything to avoid paying a lawful debt.

I am not disputing the fact the 'new' ones may be sound, I can not pass judgement on what I haven't seen but I do stand by my thoughts that at this point maybe nothing is the best action.

IMO this is far from a letter before claim, it hasn't even gone to Lowell solicitors yet (if ever). If it does then might be the time to send a letter . Of course we all have different opinions

[nightwatch]

All the template letters are worded so you DONT acknowledged the debt, that is the point of them.
Lowell are now the new owner of the debt so do not know there is a dispute, so if you do nothing you risk the chance of a LBC

[Warwick65]

Personally I would not be doing anything that could give them an excuse to look at the details of your account such as what they have and what they have sent you. If you say the account was sold while in dispute then aren't you actually acknowledging the debt? The whole point of unenforceability to to get the debt statute barred as fast as possible. You are now a year in, if I have read your posts correctly.

Of course you do have the UE on your side but as this is UE due to non compliance with S77/79 then it could be remedied . If it was UE because the agreement was flawed it may be a different matter.

[nightwatch]

you could send the Sold while in dispute letter to Lowell, this means you have replied to them, and they MAY just have a look at what they have,

they often send letters with MAY in them, must be their favorite month?
NW

[oakfieldboy]

Niddy said it was UE as the terms weren’t those that came with the card.

[nightwatch]

did niddy say why it was UE ?

[Joanna Connolly Solicitors]

Hi Diana it's Lloyds credit card post 19

Thank you

I've quoted the history below so forum members can see the story so far >

• Type of account: Credit Card
• Date commenced: October 2003
• Approx balance: £10100.00
• Date last paid Last Full payment in January 2008. Reduced Form February 2008
• Are you on arrangement or not paying: Currently paying £1.00 per month
• Status: Account Defaulted November 2010
• Account owner : Lloyds managed by Robinson Way

CCA request sent.
CCA received from Lloyds will scan to team.

Word back from Niddy is this is UE....

25/03/2018 Payment stopped SO Cancelled
03/04/2018 Letter from Robinson Way Re: payment proposals
01/05/2018

SAR received from Lloyds Bank

16/05/2018 Letter from Robinson Way Re: overdue payment
04/06/2018 Letter from Robinson Way Re:

payment proposals
14//06/2018 Letter from Robinson Way: Re: payment proposals
26/07/2018 Letter from Lloyds Bank now assigned to Lowell
26/07/2018 Letter from Lowell Re: Payment
01/08/2018 Letter from Robinson Way:Re Payment
29/01/2019 Letter from Lowell Pre-Legal Assessment

Di