Possible LBA after Lowell close account

[Never-In-Doubt]

Re: Possible LBA after Lowell close account

Did you receive the letters Niddy?

I did thanks. Be in touch soon.

[Never-In-Doubt]

Re: Possible LBA after Lowell close account

I could have sworn it said there was 100% success rate this morning which I thought was very impressive.

Indeed - we do have 100% success with all claims formally referred to our solicitor - yes. No other forum can boast the same - but then we are the original forum who set up working partnerships with external solicitors. We like it being the brains behind most the idea's other sites now plagiarise from us.

No doubt your solicitor will agree with the idea of complying with the pre-action conduct as opposed to not responding to the letter.

Can you find me a case where a defendant has been penalised on PAP's; I'll then listen to your idealistic black and white approach. As I have maintained throughout, reading from a website and being in court are worlds apart - a Judge will not go after a defendant who has ignored / not complied with the claimants PAP's.

If he was involved in the Carey judgment he'll know all about reconstructed agreements

There is no 'IF' - read Carey - it's there in black and white for the world to see.

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.

Our solicitor is not a member per-se, they are AAD's Solicitor and agree to help our members if required. See point 1 above, we are the trendsetter and the leading consumer forum when it comes to dealing with consumer credit issues and therefore it's no surprise to see that we offer such help and support.

[Never-In-Doubt]

Re: Possible LBA after Lowell close account

Did you receive the letters Niddy?

Hi Bugsy,

It might be an idea to respond with something specific as follows - it's been written in such a way to cover you so try not to edit things on it: Send it signed-for / recorded maybe on Thursday - so it gets there Friday or Monday and wastes a few more days.....

Do not give away your signature or mention SB at this stage - the template below is ideally suited for this situation. There is no need to reply to the letter of claim, instead you literally tell them they are in breach (s.78)..

================================================== =========================================

Dear Sirs,

Ref: xxxxxx

I write with reference to your letter dated 23 September 2015 and note the content within.

You state that you have been instructed to act for Fredricksons on behalf of your client Lowells, yet I have a letter from Lowells (dated 18 Dec 2013) confirming that they cannot comply with my s.78 request and that the alleged account was closed.

Therefore as your client remains in breach of the s.78 request and has previously accepted and admitted this I must remind you that the FCA take a dim view of lenders using aggressive and threatening behaviour or issuing court proceedings whilst in breach and I strongly urge you to seek clarity from your client.

Yours faithfully,


Sign Digitally

[Bugsy]

Re: Possible LBA after Lowell close account

Cheers Niddy, Will do and will update as and when there is anything. Thanks,

[Pat]

Re: Possible LBA after Lowell close account

All that effort and if you had only listened to me in post 12

[Never-In-Doubt]

Re: Possible LBA after Lowell close account

All that effort and if you had only listened to me in post 12

It isn't that simple. All the templates in existence say "too much". All I've suggested doing is letting the possible claimant know that there is a breach and that's all. There's nothing else mentioned and deliberately so.

The whole point is that no response is needed. Period. However as it's not my case it'd be frowned on by the regulatory bodies for me to advise anyone to ignore a creditor. If it was my case I'd not respond - as explained, because a judge will not be bothered in the slightest whether you replied or ignored them. I tend to speak from experience. I am a guinnea pig and happy to be one.

But the main point is that the OP will feel more at ease having responded but whether he did or didn't wouldn't matter one iota if a claim was forthcoming.

[panther12]

Re: Possible LBA after Lowell close account

The reply you got saying LTSB did not have the original agreement due to the age of the account and therefore Lowell have closed the account unless the agreement is received at some point in the future from Lloyds. That was the reply from a cca request sent to Lowell. Wait for others to comment but I was wondering, if LTSB has already told lowell there is no cca, if it's worth sending a cca request direct to LTSB just so you have something in writing direct from the horse's mouth stating that they haven't got it and will never be able to comply with the request. Would be good to have something in writing to that effect but I suppose there is also the possibility that they dig a bit deeper and do find something to concoct as a cca.

I'm dealing with one at the mo where Lowell (via Freds) confirmed in their final response letter of April that they have closed the account and will not pursue the matter further - only to receive a letter last week from Lowell demanding payment for this account otherwise they refer it to one of their approved DCAs. Although in my case it's also now SB'd so good luck to them.

[PlanB]

Re: Possible LBA after Lowell close account

I suppose there is also the possibility that they dig a bit deeper and do find something to concoct as a cca.

They may well do that, but then again it may go SB while they're faffing about looking for the info to create a recon so it could be a waste of time for them in the long run

Plan B x

[panther12]

Re: Possible LBA after Lowell close account

If SB is very close then would this help to bide more time. If they have previously confirmed the account is closed due to no cca but are now proceeding again and still without providing the cca. I think that would be sufficient grounds to justify a complaint to FOS. Will probably take several weeks for FOS to investigate during which time Conc 7.15.10 would kick in:

CONC 7.15.10 contained in the FCA Handbook which requires that a lender must not initiate legal proceedings in relation to a regulated credit agreement where the lender is aware that the customer has submitted a valid complaint or what appears to the firm may be a valid complaint relating to the agreement in question that is being considered by the FOS.

[Never-In-Doubt]

Re: Possible LBA after Lowell close account

There's nothing to do. The BIGGEST breach is s.78 hence the template used was fine.

This really needs simplified to what it is - it's really not a big deal. S.78 was the main fault. CONC has no say in a case like this - the FCA can take action against breaches but you'd not go telling a possible claimant any of this.

A claim can be issued when in dispute. Ignore CONC - it's way past CONC with the threats made.

[Never-In-Doubt]

Re: Possible LBA after Lowell close account

I'm dealing with one at the mo where Lowell (via Freds) confirmed in their final response letter of April that they have closed the account and will not pursue the matter further - only to receive a letter last week from Lowell demanding payment for this account otherwise they refer it to one of their approved DCAs. Although in my case it's also now SB'd so good luck to them.

Just be careful - you can't ask them to remedy the s.78 breach - that's nuts. You may as well write a list of faults and send it to them advising how they can remedy.

In such cases where you have a letter saying there's no CCA then that's it - Anything you send back risks them remedying the faults - so don't. You mention getting it from the horses mouth but I've seen the letter Lowells sent to the OP - they do have it in black and white. Whether or not the legal arm issuing a claim does or doesn't, really isn't our concern.

So for the benefit of others - NEVER write and tell your creditor what they've done wrong upon receipt of any possible letter of claim / threat of action. Likewise if you think it's SB - never tell them as chances are your account won't be SB (we've got cases going on that will help us determine SB date in future).

It's a huge game of poker. Those with the bigger balls always win.

[nanna58]

Re: Possible LBA after Lowell close account

Bigger balls that's you that is !!

[Never-In-Doubt]

Re: Possible LBA after Lowell close account

Haha not entirely - I rely on the solicitors and barristers we use to argue the law as-is. There's nothing written anywhere that says we must respond and dig a deeper hole - so I just don't. But that's me

[Bugsy]

Re: Possible LBA after Lowell close account

Just a quick update. Have gone through my Daughter's records today and the last payment made to this account was in August 2009 by the DMP that she was in at the time. She has not acknowledged it in writing since that time. So Statute Barred with a bit of luck??

[PlanB]

Re: Possible LBA after Lowell close account

Have gone through my Daughter's records today and the last payment made to this account was in August 2009 by the DMP that she was in at the time. . . . . . So Statute Barred with a bit of luck?

Ah ha!

Don't tell Bryan Carter or Lowells that yet

The devil is in the detail. I'm glad I asked that question

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.

Have you any idea when your daughter was last issued with a Default Notice? This may/may not be relevant but it'll be good for us to know all the same.

Plan B x