Lola girl UE diary...newbie!

[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

[Pat]

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.

[Kenny91]

It looks like you're slightly behind me on the Lowell/Overdales curve. My experience so far is several letters with all but daily robocalls and a 'Notice of Action' which I have just received. AAD wisdom seems to be that I should expect a formal Letter Before Action within a couple of weeks as the process grinds along.

Assuming of course that there is any logic to their actions, although reading your diary above it does parallel my experience exactly.

Hi again,

I'm in the same boat with a M&S/Lowell matter.

The past few months, they've taken to emailing rather than sending hard copies to my address.

Last August and September I had the "considering legal action" and "what legal action means" threatograms, but tone softened towards the end of 2023, with "we know dealing with debt can be stressful" and then "need some breathing space?".
New year started with a "if not now, when?" email - I was tempted to hit reply and revert with "Never!"

Anyhow, have either of you had such correspondence? I'm wondering if they're focusing on the larger debts before targeting the likes of moi!

They don't have my number fortunately so no constant ringing as yet.

K91

[Night Monkey]

Snap :-)

[Still Waving]

Good thinking, will get onto that! They have a form that can be completed online, should I enter account number (optional) and should I ask for everything they hold with regard that account?

Ask for everything they hold concerning you, including any correspondence with third parties which relates to you.

[Night Monkey]

Good thinking, will get onto that! They have a form that can be completed online, should I enter account number (optional) and should I ask for everything they hold with regard that account?

I'd go the whole hog and just ask for everything.

M&S sat on this one for 4 years before selling it on.

Similar pattern to my account, HSBC kept mine for four years before doing anything.

[Lola girl]

I would send a Subject Access Request to M&S Bank now, to find out what Lowell would be able to get hold of.

Good thinking, will get onto that! They have a form that can be completed online, should I enter account number (optional) and should I ask for everything they hold with regard that account?

[Still Waving]

Mine was an M&S card, deemed unenforceable by Niddy but it’s a fairly large amount and I can’t risk a CCJ on this so need to be sure!
I think if they follow it through I’ll probs do a CCA request to Lowell and see if they had anything passed on as M&S sat on this one for 4 years before selling it on.

I would send a Subject Access Request to M&S Bank now, to find out what Lowell would be able to get hold of.