Possible LBA after Lowell close account

[Bugsy]

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. At this time we have closed our file and will not make any further contact with you
concerning payment against this account unless the copy of the agreement is
received at some point in the future from Lloyds."

Now a year on they have sent her a letter saying that the account has been sent to Fredricksons and in the same envelope a letter from Freds asking for payment and

"If you are unable to come to an agreement with us then, on behalf of our client, we intend to instruct Brian Carter to take legal action against you to recover the debt"


I take this to be a LBA from the clear intention to instruct BC to litigate if she doesn't come to an agreement to pay.

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, but trying to stop Carter in his tracks before he issues a court claim as Lowells have already admitted defeat in their letter of a year ago and LTSB have said they cannot find the original agreement.

Any suggestions as to what to send and to whom would be greatly appreciated.

Thanks,

Bugsy.

[Never-In-Doubt]

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. At this time we have closed our file and will not make any further contact with you
concerning payment against this account unless the copy of the agreement is
received at some point in the future from Lloyds."

Now a year on they have sent her a letter saying that the account has been sent to Fredricksons and in the same envelope a letter from Freds asking for payment and

"If you are unable to come to an agreement with us then, on behalf of our client, we intend to instruct Brian Carter to take legal action against you to recover the debt"


I take this to be a LBA from the clear intention to instruct BC to litigate if she doesn't come to an agreement to pay.

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, but trying to stop Carter in his tracks before he issues a court claim as Lowells have already admitted defeat in their letter of a year ago and LTSB have said they cannot find the original agreement.

Any suggestions as to what to send and to whom would be greatly appreciated.

Thanks,

Bugsy.

Ignore it..... they are still in default of your s.78 request (s.78(6)) so cannot enforce.

[Bugsy]

Re: Possible LBA after Lowell close account

Ignore it..... they are still in default of your s.78 request (s.78(6)) so cannot enforce.

Agreed Nid but Carter most probably doesn't realise that and knowing what he is like he is likely to issue a claim if she ignore it.

Bugs.

[Never-In-Doubt]

Re: Possible LBA after Lowell close account

Agreed Nid but Carter most probably doesn't realise that and knowing what he is like he is likely to issue a claim if she ignore it.

Bugs.

If they issue a claim let us know and we'll spank them for you. They are in default so are prohibited from enforcement under s.78(6)

[Pat]

Re: Possible LBA after Lowell close account

If the account is in default of a S78 request isn't it S78(6) that comes into play?

I thought S127 was about the actual contents of the agreement

[Never-In-Doubt]

Re: Possible LBA after Lowell close account

If the account is in default of a S78 request isn't it S78(6) that comes into play?

I thought S127 was about the actual contents of the agreement

Thats what happens when I copy and paste without reading. Thanks. Post corrected now

[Bugsy]

Re: Possible LBA after Lowell close account

If they issue a claim let us know and we'll spank them for you. They are in default so are prohibited from enforcement under s.78(6)

Well my daughter has now received a "letter of claim" from Brian which clearly states that a claim will be issued if not paid in full by the 7th October. As I said before she has already sent a CCA request to Lowells and they have replied that Lloyds cannot supply the agreement. Should she send the formal letter before action reply template letter?

[Never-In-Doubt]

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.

[Bugsy]

Re: Possible LBA after Lowell close account

Will do over the weekend Niddy when I have access to a scanner. Mine has lost it's settings.

[Pat]

Re: Possible LBA after Lowell close account

Surely if it is a LBA it is best to write to them telling them their client are in default of a S78 request . I am only thinking of pre action protocols, If it were me I would want to be seen to be doing everything I can to avoid court

[Never-In-Doubt]

Re: Possible LBA after Lowell close account

Surely if it is a LBA it is best to write to them telling them their client are in default of a S78 request . I am only thinking of pre action protocols, If it were me I would want to be seen to be doing everything I can to avoid court

At this stage - no. I'd not respond with anything.

Each time you respond you risk leaving yourself wide open.

Sending an LBA or anything, if in default of s.78 is possibly the biggest error you could make. We are pretty good at this and bang up to date using processes and tactics (that work) from highly respected solicitors.

If, after perusal of letters we deem an LBA reply necessary then we'd help with that but right now there's no need as s.78 breaches are pretty useful if handled properly.

[Pat]

Re: Possible LBA after Lowell close account

The OP has said their daughter has received a letter of claim, isn't that the same as a LBA.

Of course a S78 breach is very useful but I was thinking that paying the game gives you brownie points if it ever gets in front of a judge.

I will leave it to your experience as I was only making a point not starting a war. After all you are not Dx or the Brig/Nemesis

[Never-In-Doubt]

Re: Possible LBA after Lowell close account

The OP has said their daughter has received a letter of claim, isn't that the same as a LBA.

Of course a S78 breach is very useful but I was thinking that paying the game gives you brownie points if it ever gets in front of a judge.

I will leave it to your experience as I was only making a point not starting a war. After all you are not Dx or the Brig/Nemesis

Yes I know what you're saying but in this specific case I was pointing out that due to historic events the claimant is in a very difficult position. The fact that the OP has a letter confirming account closure, and despite telling them this, they continue to issue threats clarifies that they're ignoring all comms.

Whether in dispute under s.78 or not, the account is dead. The OP has been told this hence has a total defence. He doesn't need to respond - he's been told that it's closed. Hence in this specific case it's best he sends me the letters as requested and I'll then ask our solicitor what is best to do. There's still time to respond but I'd rather just get legal clarity first - you can never be too careful.

Don't worry about what a judge thinks. You're under no obligation to respond to a creditor once they're in default of s.78 and a judge can't say much about it but as said, the OP in this case has a letter confirming that the account is closed.

[mystery1]

Re: Possible LBA after Lowell close account

I agree with Pat. It's not about the merits of the case. It's about making sure you get the most costs without deductions because the judge hates you just because the case is about a debt whether it's owed or not.

M1

[Never-In-Doubt]

Re: Possible LBA after Lowell close account

I agree with Pat. It's not about the merits of the case. It's about making sure you get the most costs without deductions because the judge hates you just because the case is about a debt whether it's owed or not.

M1

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....