Oakfieldboy Diary

[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

[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

[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)

[nightwatch]

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

[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

[Joanna Connolly Solicitors]

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

If the OP has received a Letter Before Claim then Box D on the Reply Form allows the debtor to state that they dispute the debt not defend the debt. The debtor would only defend the debt if a claim were to be issued by the court.

If the debtor is served with a claim then they have 19 days from the claim Issue Date to file their Acknowledgement of Service which will give them 33 days from the claim Issue Date to file and serve their Defence.

Di

[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)

Can you clarify whether you’ve received a Letter of Claim from Lowell Portfolio or a county court claim from Lowell Solicitors from NCCBC (MCOL).

Di

[oakfieldboy]

From Lowell solicitors P O Box 1419 Northampton NN2 1BJ stating letter of claim - 30 days to prevent legal action. Client Lowell Portfolio 1 Ltd.

[Joanna Connolly Solicitors]

From Lowell solicitors P O Box 1419 Northampton NN2 1BJ stating letter of claim - 30 days to prevent legal action. Client Lowell Portfolio 1 Ltd.

In which case you have nothing to defend (yet!).

I've looked back at post #19 and can see this was a Lloyds credit card from 2003. You've sent a CCA Request to Lloyds (or was it sent to Robinson Way?) and Niddy has said the credit agreement you were sent in response is unenforceable.

Lowell don't know about your CCA Request so you can tick Box D on the Reply Form to the Letter of Claim to inform them that you dispute the debt. You can add the reason is your s77-79 CCA Request has not been complied with.

Don't go to Box I to ask for the documents they intend to reply on in case that prompts them to make an effort to source them, and then issue a claim when they've got all their ducks in a row.

I can't see anything on your thread about you receiving a Default Notice or Notice of Sums in Arrears which they would need to produce in order to successfully win this in court, but don't ask for that evidence at this stage.

I suggest you now send a Subject Access Request to Lloyds to obtain the full history of the account. That way you'll know what data they have retained which will help you to cross-check any documents subsequently produced by Llowell for 'honesty and accuracy'. A SAR is now free.

Since the amount being chased appears to be over £10k this would be allocated to the Fast Track (if a claim were to be issued) where there are costs consequences for the loser which is why it's important to set this up correctly.

Some debt purchasers and creditors will issue a claim regardless of what you say/do (except 100% payment to them obviously) so don't take it personally. They may not, but always be prepared.

Di

[oakfieldboy]

Lloyds credit card - Lowell and Lowell Solicitors post 19


Letter dated 3rd April 2019, Received from Lowell Solicitors.

We confirm receipt of your response to pre-action protocol.

The comments raised in your response have been noted. Please be aware, this is the first correspondence we have seen from you.We have, however, have made a request for a copy of the original agreement from the original creditor. We shall send you this information upon receipt.

In the mean time, activity on your account as been suspended.

Please forward us any other information or evidence you deem relevant in support of your dispute.

[The Tech Clerk]

tell them nothing it up to them to find anything, they tend to issue a claim (tend to always do to hope you cave in before a case proven or not) . if you get a claim form contact Di;-di@joannaconnollysolicitors.co.uk they are Phishing at the moment?

[Joanna Connolly Solicitors]

Lloyds credit card - Lowell and Lowell Solicitors post 19


Letter dated 3rd April 2019, Received from Lowell Solicitors.

We confirm receipt of your response to pre-action protocol.

. . . . Please forward us any other information or evidence you deem relevant in support of your dispute.

Lowell can't now say they didn't know the account was in dispute if/when they subsequently issue a claim.

Do not give them any further information - they're fishing for evidence to help their case.

Wait to see what they send you next.

Di

[Warwick65]

Just out of interest, is this the first communication you have had with Lowell ?

I know not all debt purchasers are very 'joined up', the left hand sometimes doesn't know what the right is doing.

[oakfieldboy]

Lloyds credit card - Lowell and Lowell Solicitors post 19


Letter dated 26th April 2019, Received from Lowell Solicitors.

Please find enclosed a copy of the agreement, statements and screenshot of the default notice as requested.

We look forward from hearing from you by return with your intentions towards the balance. All our payment methods can be located on the reverse, together with a direct debit mandate.

If no response is received, are client has instructed us to reinitiate the pre-action process which could eventually result in a claim form being issued to you with further costs added to the above balance.

[Joanna Connolly Solicitors]

Lloyds credit card - Lowell and Lowell Solicitors post 19


Letter dated 26th April 2019, Received from Lowell Solicitors.

Please find enclosed a copy of the agreement, statements and screenshot of the default notice as requested.

We look forward from hearing from you by return with your intentions towards the balance. All our payment methods can be located on the reverse, together with a direct debit mandate.

If no response is received, are client has instructed us to reinitiate the pre-action process which could eventually result in a claim form being issued to you with further costs added to the above balance.

Have Lowells sent the same agreement as Lloyds sent you in response to your s 77-78 CCA Request to them? I can't see from your Diary post when that was sent, but I can see that Niddy said it was unenforceable at the time

Did you ask Lowells for the Default Notice or did they send you the screenshot without you asking? The screenshot is unlikely to be the Default Notice, but possibly a log entry which says a DN was issued/served.

I can also see that you received a SAR response from Lloyds in May 2018. Does the Transaction Log in the SAR note anything about a Default Notice? And does it contain the same credit agreement which Lowells have just sent you?

I've quoted post # 19 as a reminder of 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
03/03/2019 Letter of Claim from Lowell 30 days to Prevent Legal Action
27/03/2019 Reply form posted to Lowell solicitors today
03/04/2019 Letter from Lowell Solicitors receipt of Pre- Action Protocol
26/04/2019 Letter from Lowell Solicitors Re: copy of agreement

Di