Lola girl UE diary...newbie!

[Roger]

A layman's view.

I tend to advocate sending a Subject Access Request EARLY when follow-ups are becoming more threatening, rather than waiting until a Letter of Claim is being mooted. It's as well to know in advance what might be available to the other side.

Roger mentioned that we used to send sold whilst in dispute letters, which tended to be quite effective in frustrating and delaying the recovery process. Perhaps there is still a place for them.

As to sending a CCA request or not, I tend to take the view that IF the relevant compliant documentation is available to the DCAs, they will obtain it regardless of what stage in the process you ask them for it.

Addendum. There can be financial implications to ignoring a letter of claim, in the form of interest or costs.
https://nationaldebtline.org/fact-sh...unty-court-ew/

I wouldn't disagree with any of this!
Its an excellent Diary
We used to send the SWID to good effect in the Past! Especially where as in this Case the the Account wasn't sold until nearly 4 years Later!

Yes to a DSAR of course but if Lowell do send a LBC that is the point to consult @JCS
I do not in any way prempt what their response may or may not be! But it will be current!

[Still Waving]

A layman's view.

I tend to advocate sending a Subject Access Request EARLY when follow-ups are becoming more threatening, rather than waiting until a Letter of Claim is being mooted. It's as well to know in advance what might be available to the other side.

Roger mentioned that we used to send sold whilst in dispute letters, which tended to be quite effective in frustrating and delaying the recovery process. Perhaps there is still a place for them.

As to sending a CCA request or not, I tend to take the view that IF the relevant compliant documentation is available to the DCAs, they will obtain it regardless of what stage in the process you ask them for it.

Addendum. There can be financial implications to ignoring a letter of claim, in the form of interest or costs.
https://nationaldebtline.org/fact-sh...unty-court-ew/

[Roger]

My view is that you do need to send off a cca request. The time delay between claims and courts especially post Covid is long so they can easily cobble together what they think they need.
i think it is wrong to go against pre action protocols and I do wonder what compliance agencies would say.

@Pat
This view and your views are of course dead set against @JSC and AAD Diaries. For me and so many others the AAD site has been a God send! From the begining as you are well aware there has been an special relationship between @Niddy and @JSC
So we have your VIEW against current practictioners @JSC

I am pretty certain that @JCS will and would give current tactics and advice if consulted , especially since the first consulation is free

[Pat]

My view is that you do need to send off a cca request. The time delay between claims and courts especially post Covid is long so they can easily cobble together what they think they need.

i think it is wrong to go against pre action protocols and I do wonder what compliance agencies would say.

[Night Monkey]

I was about to send a CCA request when the Letter Before Action hit so I held off. My intention atm is to talk to JCS this week with the initial free consultation and engage fully should the battle go to court.

JCS successfully took on PRA for me a while ago, when the advice then (iirc) was to ignore so that their time to collect any documentation was limited. I agree that it is a stressful process, especially if potential mortgages are involved. The saga is here in my diary if you'd like the full story.

[Lola girl]

Did you send off a CCA request to overdales Night Monkey ? Have you asked for further documentation ie, default notice etc?

Some conflicting advice - some poster’s recommendation to go back and ask for info from overdales with a view to heading off the claim. Some go through JCS and I guess ignore them and let them proceed with the claim.

Having had a previous claim dealt with via the brilliant JCS I know the costs and worry involved and would like to head things off if at all possible….or even delay. I need a mortgage in October and won’t risk a CCJ

Lola x

[Night Monkey]

...the letter had ‘notice of acting’ in bold type at the top (maybe they thought I would read that as notice of action!)

I've had the same, I expect the whole thing is very carefully constructed to that end.

Based on other forum members' experience I was expecting a 'proper' letter of claim sometime in the next week, but it arrived this morning just as I was printing out a CCA letter for Overdales. There were eight days between the dates of the two letters, and four between actually receiving them.

[Roger]

No do not send for CCA S.78 if and when they send a LBC (letter Before Claim) talk to @JCS

The Excellent Diary comes into play!
"..
CCA request - deemed UE by Niddy.
Do I respond saying that they have not complied with my request and I will be withholding payment whilst in dispute?
15/8/19 - I have cancelled the StepChange payment. Will send letter re missing terms to M&S.

5/9/19 letter from M&S saying they have complied with regulations and agreement is legally enforceable. They will sell account to debt management or refer for litigation if I do not make payment. They strongly advise me to take independent legal advice re enforceability.
.."
You do not want to encourage Lowell to rectify or otherwise that UE CCA!
This is where TATICS become important - You have done the right thing ordered a DSAR!!

[SteveB]

£1000 fees on what £8k sounds like scare tactics. I bet they are trying to add interest.

I think I would do nothing and when the LOC ( not the claim form) send a cca request .

[Roger]

Well right on cue letter arrived from overdales saying they are instructed to take legal action. Lists the 1k fees that will be charged and they will go for CCJ. Assuming I just sit tight now? Do I wait for a LBA before sending them a CCA directly? Hopefully the SAR from M&S will have arrived by then?

noted that the letter had ‘notice of acting’ in bold type at the top (maybe they thought I would read that as notice of action!)

Last paid August 2019 so 2025 September (6yrs plus 1 month)
At one time we would have sent sold whilst in dispute letetr
Tthe dispute being UE CCA

Also "..15/02/21 £50 cheque received from M&S after reviewing their collections process. .."
It was assigned to Lowell Portfolio I Ltd (LPI)
You will know this off course
Lowell Portfolio - AAD Consumer Forum (all-about-debt.co.uk)

On Overdales Letter do they mention the Assigned Owner?
The SAR really is what you need to get off here and you would need to do this whatever Lowell did!

[Lola girl]

Well right on cue letter arrived from overdales saying they are instructed to take legal action. Lists the 1k fees that will be charged and they will go for CCJ. Assuming I just sit tight now? Do I wait for a LBA before sending them a CCA directly? Hopefully the SAR from M&S will have arrived by then?

noted that the letter had ‘notice of acting’ in bold type at the top (maybe they thought I would read that as notice of action!)

[Lola girl]

Thanks everyone! SAR form completed and will get in the post this weekend then see what happens from there!
Lola

[Still Waving]

I certainly have. I posted a list of the (20-ish) variant letters I'd received from Lowell so that we could play bingo, but I can't for the life of me find it for some reason. If I do I'll post the link & we can compare :-)

I remember it (not the detail, obviously). I think it may have been on someone else's thread.

[Night Monkey]

Anyhow, have either of you had such correspondence?

I certainly have. I posted a list of the (20-ish) variant letters I'd received from Lowell so that we could play bingo, but I can't for the life of me find it for some reason. If I do I'll post the link & we can compare :-)

[Roger]

I would agree about the SAR request- and do not be afraid to bounce it back if they haven't sent everything. The first SAR I did to Capital One just got me statements so I asked for everything, I even got telephone recordings but even then not all of them.

Should it get to a letter of claim, I still strongly disagree with the ignore it tactic for the reasons I have written about elsewhere and supported by legal advice but that is up to you. I would say that it would be well worth using an experienced legally trained person but make sure you get quotes first and read the small print.

@JCS advice on receipt of LBC first consulation is free
We are very lucky here AAD