Possible LBA after Lowell close account

[mystery1]

Re: Possible LBA after Lowell close account

I'd rather wait for a professional response - nothing personal and no offence, we work differently (which is why we are unique) but then we are extremely successful so whether anyone agrees or not, we are doing something right (usually I'd be saying to send an LBA response - it's one of my own processes as laid out in all my guides), however in this specific case I want to check from a legal professional who is insured to give me accurate advice as to what is best. Recently we almost lost a case by suggesting someone respond at such a clinical stage and I do not want that to reoccur.

Hope you understand....

Nothing wrong with getting advice first, not at all. Neither is it a certainty that a judge penalises someone who doesn't engage in PAP but it is a risk to not do it at all.

M1

[nanna58]

Re: Possible LBA after Lowell close account

Best to be guided by Nid I think xx

[Never-In-Doubt]

Re: Possible LBA after Lowell close account

Nothing wrong with getting advice first, not at all. Neither is it a certainty that a judge penalises someone who doesn't engage in PAP but it is a risk to not do it at all.

M1

Oh yea I fully agree. You get no certainties when dealing with judges - for sure! Some are just bonkers whilst others are really clued up.

[PlanB]

Re: Possible LBA after Lowell close account

My daughter had a very old LTSB account which has been sold to Lowells. She sent a CCA request to Lowell a year ago and received a reply saying that LTSB did not have the original agreement due to the age of the account and . . .

"We are closing your account . . . unless the copy of the agreement is received at some point in the future from Lloyds."

. . . . This account will be statute barred in a few months time but I think she need to reply to this letter without restarting the statute bar clock

Was this account with LTSB a credit card, personal loan or a current account overdraft?

How old is "very old"? What year was the account opened?

When is it due to go statute barred and what evidence do you have to support that this will be "in a few months"? We need to know if filibustering is an option.

What is the likelihood of Lloyds coming up with the credit agreement or a recon of the credit agreement if Lowells persist? So far you say that only the "original" is not available.

How much is the debt?

Plan B x

[Bugsy]

Re: Possible LBA after Lowell close account

Was this account with LTSB a credit card, personal loan or a current account overdraft?

How old is "very old"? What year was the account opened?

When is it due to go statute barred and what evidence do you have to support that this will be "in a few months"? We need to know if filibustering is an option.



What is the likelihood of Lloyds coming up with the credit agreement or a recon of the credit agreement if Lowells persist? So far you say that only the "original" is not available.

How much is the debt?

Plan B x

Hi Plan B,

This was a LTSB credit card taken out circa 2001.

The last payment made I believe was November 2009 but my daughter is checking with the DMP company that she had at the time to make sure.

The letter from Lowells states that Lloyds cannot supply a copy of the original agreement due to the length of time since the account was opened.

Therefore I would think it would be difficult though not impossible to create a recon.

The amount is a little over £1400

[Never-In-Doubt]

Re: Possible LBA after Lowell close account

Can you please email the requested letters. Thanks.

[DarkAutumn]

Re: Possible LBA after Lowell close account

Hi Plan B,

This was a LTSB credit card taken out circa 2001.

The last payment made I believe was November 2009 but my daughter is checking with the DMP company that she had at the time to make sure.

The letter from Lowells states that Lloyds cannot supply a copy of the original agreement due to the length of time since the account was opened.

Therefore I would think it would be difficult though not impossible to create a recon.

The amount is a little over £1400

Statute barred is just round the corner if last payment was in November and it was a DMP payment and not a credit card minimum payment.

A letter of claim precedes a claim in the County Court. You don't want them issuing one now. Worth writing to the solicitor who issued the letter of claim with your points in dispute. They won want to issue a claim without addressing the points raised but if you do not tell them what the dispute is, how will they know about it? Even though a solicitor is writing to her she does not need a solicitor to represent her, she can respond herself.

By law she is expected to reply to the letter asking for evidence of liability. If Lloyds could not supply the agreement when it was requested they will not be in a position to supply it when the solicitors request it. The process will take time and the debt could be barred by the time they get around to issuing a claim. If no reply is received they can issue the claim immediately after the deadline expires (just checked and it's October 7th) and that will be before the debt is time barred.

[Pixie]

Re: Possible LBA after Lowell close account

Statute barred is just round the corner if last payment was in November and it was a DMP payment and not a credit card minimum payment.

A letter of claim precedes a claim in the County Court. You don't want them issuing one now. Worth writing to the solicitor who issued the letter of claim with your points in dispute. They won want to issue a claim without addressing the points raised but if you do not tell them what the dispute is, how will they know about it? Even though a solicitor is writing to her she does not need a solicitor to represent her, she can respond herself.

I'm not sure I agree with you DA. Why do the claimant's work for them by informing them where they are wrong and give them the chance to rectify it?

In this case it's better for Niddy and Jo to see the letters and suggest a response if one is needed.

I admit I find it strange that they cannot locate the agreement "because of the length of time"...it was only 2001 which isn't such a long time ago. My LTSB was taken out long before that and they sent the cca.

[DarkAutumn]

Re: Possible LBA after Lowell close account

I'm not sure I agree with you DA. Why do the claimant's work for them by informing them where they are wrong and give them the chance to rectify it?

In this case it's better for Niddy and Jo to see the letters and suggest a response if one is needed.

I admit I find it strange that they cannot locate the agreement "because of the length of time"...it was only 2001 which isn't such a long time ago. My LTSB was taken out long before that and they sent the cca.

How can the solicitors rectify anything if LTSB could not locate the agreement? The solicitors will ask their clients for the documents. The claimants will not have them. They will ask LTSB and they will give it another go. That will take time and meanwhile the clock will be ticking.

A letter issued by a solicitor saying they will issue a claim unless they get a response by a certain date should be treated as a letter of claim. They are all template letters and almost identically worded. The provisions of the pre-action conduct that say a claimant has to send a letter setting out the reason for the claim and the defendant has to respond. They are all on this website.
https://www.justice.gov.uk/courts/pr...on_conduct#3.1

It also says the parties have to disclose documents relevant to the issues in dispute. That should keep them busy until their time to issue a claim runs out. When they go to issue the claim it will be barred. But they will only start looking for the documents if the defendant asks for them. If they do not get a response they will just issue the claim. They can issue one without any documents attached to the claim. In this case the claim will be issued before the debt is barred. See the difference? If they get a letter asking for evidence, they are busy looking for documents before the claim is issued and waste valuable time without being aware of it because the letter will just ask for evidence of liability for the debt, not tell them it will soon be time barred.

If they get no response from the defendant they will issue the claim in October when the deadline for response expires and before the debt is barred. I hope that makes sense.

I agree, 2001 is not that long but it can only work in Bugsy's favour.

[Never-In-Doubt]

Re: Possible LBA after Lowell close account

Our Solicitor Advocate is extremely successful and was instrumental in the Carey v HSBC judgment. Her tactics are awesome as is her knowledge in this field.

AAD has a great % claim success rate for ALL cases dealt with by our solicitor for a reason.

I don't need to justify anything but suffice to say, we're pretty bloody good and our tactics work. You can try and quote statute all day long but that means nothing in the real world. We win based on tactics.

Please, accept what we're saying.

You can have an opinion, it's a free world, but you're arguing against a very successful forum who knows the CCA and legal risks inside out. When the OP sends me the letters I'll then ask our solicitor for her opinion on what to do next. If the OP wants to go ahead and respond now, then that's up to them but for the sake of waiting for a professional response I'd certainly not recommend it.

As things stand they are in default of s.78 so why on earth would anyone give them a chance to remedy things now? That's bonkers!! Utterly. (& ultimately why I want to seek legal advice)

[Bugsy]

Re: Possible LBA after Lowell close account

I'd suggest you sit tight. Can you scan and send me a copy of the threat and the letter confirming no CCA - to my email shown below in signature?

Then I'll know best what to do next.

Both letters emailed to Niddy. I will await Jo's reaction to them.

[PlanB]

Re: Possible LBA after Lowell close account

I wonder if this is relevant http://forums.all-about-debt.co.uk/s...l=1#post524190

In a nutshell Lowells have plans to bring their legal claims in-house which may (and who am I to say?) mean Bryan Carter could be having a last-ditch attempt to gather fees/commission from speculative claims before any contract he has with Lowells may no longer apply.

Like I say I'm only wondering.

Lowell Group to create in-house law firm

This is a duplicate of the Blog Entry made on 27th August 2015 15:12.

Debt purchaser Lowell Group has secured approval to create an in-house law firm, according to a results update that also shows it made £60m of...

Click to Read More...

Oh dear, does this mean poor Bryan Carter will be losing a chunk of his business?

That's a shame

Plan B x

[Never-In-Doubt]

Re: Possible LBA after Lowell close account

Well spotted. It may well be a latch ditch attempt as you say

[Bugsy]

Re: Possible LBA after Lowell close account

Did you receive the letters Niddy?

[DarkAutumn]

Re: Possible LBA after Lowell close account

Our Solicitor Advocate is extremely successful and was instrumental in the Carey v HSBC judgment. Her tactics are awesome as is her knowledge in this field.

AAD has a great % claim success rate for ALL cases dealt with by our solicitor for a reason.

I don't need to justify anything but suffice to say, we're pretty bloody good and our tactics work. You can try and quote statute all day long but that means nothing in the real world. We win based on tactics.

Please, accept what we're saying.

You can have an opinion, it's a free world, but you're arguing against a very successful forum who knows the CCA and legal risks inside out. When the OP sends me the letters I'll then ask our solicitor for her opinion on what to do next. If the OP wants to go ahead and respond now, then that's up to them but for the sake of waiting for a professional response I'd certainly not recommend it.

As things stand they are in default of s.78 so why on earth would anyone give them a chance to remedy things now? That's bonkers!! Utterly. (& ultimately why I want to seek legal advice)

I could have sworn it said there was 100% success rate this morning which I thought was very impressive. No doubt your solicitor will agree with the idea of complying with the pre-action conduct as opposed to not responding to the letter.

If he was involved in the Carey judgment he'll know all about reconstructed agreements, that's not something Lowell can do but Lloyds could reconstruct one based on data they've got on their system even if they haven't got the actual document. It's just something to watch out for. The good news is that digging up the data and terms from 2001 and putting it all together will take time and won't be a priority for Lloyds.

I hope Bugsy manages to see them off with the help of your solicitor, good to have that kind of member on board, most solicitors wouldn't want to give up their time to help people on a forum for free when they could be charging £300 an hour.