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  1. #1
    Junior Member introuble's Avatar
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    Lowell Solicitors and letter of Claim

    Hi
    I really hope you can help me
    On saturday I arrived home to find a letter of claim from Lowell Solicitors.

    The debt is a credit card from Capital One that was in a repayment plan until 2011 when i had a crisis and stopped paying. It was passed around for a while and then sold to Lowell. I kept them at bay for a while by saying I had no money, very true then last week I got a letter from Lowell Solicitors and then two days later a letter of claim

    I posted a CCA request on Sunday which isn't showing up as being delivered

    I do have a lot of the paperwork including the notice of assignment but not the default notice

    I am not very good at waiting I am afraid, I have hardly slept since then. I am already planning bankruptcy

    I need all the help I can get

  2. #2

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    Quote Originally Posted by introuble View Post
    Hi
    I really hope you can help me
    On saturday I arrived home to find a letter of claim from Lowell Solicitors.
    Hi and welcome.

    It would be useful if you could post up a redacted copy of the letter you received just to see what they are saying. Up until recently, Lowell were using Bryan Carter and sometimes BW Legal, and only recently decided to get their legal team in-house.
    Quote Originally Posted by introuble View Post
    The debt is a credit card from Capital One that was in a repayment plan until 2011 when i had a crisis and stopped paying. It was passed around for a while and then sold to Lowell. I kept them at bay for a while by saying I had no money, very true then last week I got a letter from Lowell Solicitors and then two days later a letter of claim.
    If payments were made in 2011 then it's not yet statute barred. However, the likes of Lowell buy debts in job lots without any paperwork so it pays to challenge them to produce the paperwork they would rely on if they were to issue a claim. Although it's not possible to guarantee a result, in the majority of cases, a letter quoting the relevant pre-action protocols requesting the documents they would need to produce if they went ahead with a claim, has the effect of making them re-think and move on to the next debtor who just ignores them.

    The pre-action conduct requires a prospective defendant to reply to a letter of claim within 14 days of receipt. An suggested response is attached below. It will need to be edited as indicated on the document.
    LBA.docx

    Similar letters have been sent by various individuals to a number of firms of solicitors (including those who used to act for Lowell), who have issued letters of claim and, in the majority of cases, no claim has been issued. This includes even mobile contracts which are not regulated by the CCA, simply because they were unable to come up with the documents requested.
    Quote Originally Posted by introuble View Post
    I posted a CCA request on Sunday which isn't showing up as being delivered
    You were lucky to find a post office open on Sunday, however, I doubt there would be a Sunday collection so it would have been collected yesterday. Do bear in mind the Royal Mail tracking service doesn't work 100%, I have on occasion, posted letters that do not show up as received, yet I've got a reply to them. You've sent the CCA request by recorded delivery, that should be enough to establish when you sent it. Do not expect Lowell to comply within the 12 working days + 2 allowed for service, they will have to go back to Cap One to request the documents and Cap One will be in no hurry to dig them up if they've sold the account to Lowell.

    As an example, I received a number of letters from Cabot in January, and sent a CCA request at the end of the month. Cabot replied acknowledging the request and saying they would get the documents from the original creditor (Egg), I've not heard a word since then, clearly they haven't been able to obtain the documents. Too bad, because I've found my original agreement from 2001 and it appears to have all that the law requires, however, the last payment was made in 2009 so it's statute barred.
    Quote Originally Posted by introuble View Post
    I do have a lot of the paperwork including the notice of assignment but not the default notice.
    You can request a copy of the default notice both at this stage and if they issue a claim, however, financial institutions don't usually retain copies of the notices, all they would have is an entry on their database flagging up the date the notice was issued and possible the template letter they use.

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  3. #3

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    Quote Originally Posted by introuble View Post
    I am not very good at waiting I am afraid, I have hardly slept since then. I am already planning bankruptcy.
    Bankruptcy is a very big step and usually a last resort. It would hardly be worth looking at such a drastic solution because of a credit card debt which may not even be enforceable.

    It would help if you told us a bit more about this card, such as:
    • Amount outstanding
    • Approx. date when you took out the card
    • How did you apply for the card (online, over the phone, in branch, etc.)
    • When did you default on the card


    Going by experience, Cap One cards don't tend to have huge credit limits, so the amount outstanding may not even be above the new 5,000 bankruptcy threshold.

    You may have other debts and we'd need to know a lot more about your debts and your circumstances to be in a position to comment with regards to BR. Just bear in mind that it can have an impact in other areas of your life and not just credit facilities. Having a BR on record can make it difficult to obtain certain jobs, find private rented accommodation, run a business, etc. even after you are discharged. I know someone who ran up unsecured debts in the region of 150k and still didn't consider BR as an option.
    Quote Originally Posted by introuble View Post
    I need all the help I can get
    You've come to the right place.

    You just need to take things one step at a time. You've sent the CCA request, now you need to respond to that letter of claim and see what happens next. They may go away or they may respond with some argument or other, the important thing is that they will think twice before issuing a claim.

    Once you've got that covered, we can look at your other debts, if you have them, and at the alternatives to BR.

    Any further questions just shout.

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  4. #4
    Junior Member introuble's Avatar
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    Thank you , I have printed off and posted the LBA doc
    and just to let you know that Lowell have received my CCA request, I have the signature which I have printed off

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    Quote Originally Posted by introuble View Post
    Thank you , I have printed off and posted the LBA doc
    and just to let you know that Lowell have received my CCA request, I have the signature which I have printed off
    Well done!

    That should keep them busy for a while and now you have proof that they are in receipt of your request, once the 12 + 2 working days are up (bearing in mind the extra 2 are for service, so there should be just 12 working days from when it was received), the account will become unenforceable as long as they can't locate the documents required to comply with your request. They would be aware of that fact, and it would be foolish of them to issue a claim when they don't know whether they'll be able to get their dirty hands on the paperwork or not.

    Debt purchasers like Lowell issue claims in the hope of obtaining default judgment when people do not respond to the claim. They don't like it when people challenge them to produce paperwork.

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  6. #6
    Super Moderator BillK's Avatar
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    Hi introuble - good to see you're getting help from admin, and I can't add to the advice you've had - but perhaps by way of encouragement, I'll mention my own current 'affair' with Lowells. I had a Vanquis credit card before I fell upon hard times financially, and I explained this to them - and that I hoped to be able to resume full repayments at some future date. I explained that I was not disputing the debt, but that until I was able to resolve other more important financial issues such as utility bills etc., I would only be able to offer token payments of 2 per month. They ignored my offer and defaulted the account, so I took that as a tacit refusal of my offer and sent them nothing.

    Eventually, I was contacted by Moorcroft, and I did exactly what admin has advised - which was to send them a formal CCA s.77-79 request and to point out that they were unable to lawfully pursue the alleged debt until the request had been complied with. They ignored this at first, and continued to demand repayment - but eventually they returned my 1 fee - explaining that they had returned the account to Vanquis and that I should send my CCA request directly to Vanquis. However, returning the CCA fee does not nullify the CCA request, and it would still be considered to have been lawfully served.

    After a couple of weeks, I was then contacted by PRA (aka McKenzie Hall), who had taken over pursuit of the debt. This often happens, where DCA's sell batches of debts back to the Original Creditor (OC) - who then sell them to other DCA's. So if you don't give them an easy time, this may well happen. I explained to PRA that they should contact the OC because I believed they had no lawful authority to pursue the alleged debt and the OC should confirm this - however, I didn't explain exactly why, so they would have to find out for themselves. They then 'put the account on hold,' while they carried out their 'investigation.' They too eventually gave up, and the next thing was that I had Lowell's chasing me for it.

    I did the same with Lowells, and on 08/12/15 they confirmed that the account had been put on hold while they investigated. I received another such confirmation on 28/01/16 - and I have heard nothing from them since. Presumably, they have now also returned it to the OC who may either sell it to another DCA - or who may even have given up and written off the debt. As I understand it, these debts are sold at a fraction of the debt amount, and if they keep getting returned to the OC, they are sold for less and less until they become worthless.

    My understanding also is that if a properly-served CCA s.77-79 request has not been complied with, then in addition to being unable to lawfully pursue the debt themselves, the OC is also unable to lawfully pass the debt on to a DCA to pursue. In my case - the more DCA's that Vanquis tries selling the debt to - the less it will be worth. So I am quite happy keep sending DCA's the same letters until Vanquis finally give up. I did not try to avoid paying the debt, but Vanquis avoided discussing the matter - and if the original agreement remains unenforceable, then they only have themselves to blame.

    In case you might need it later, this is the section of the CCA that I believe applies:-
    " s.175 Duty of persons deemed to be agents.

    Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith. "

    In effect, s.175 of the CCA 1974 places a duty upon a DCA to pass the CCA request to the OC if they are acting as collection agents. If they fail to do this, then as agents for the OC, I believe they have caused the debt agreement to become unenforceable until the OC complies with the request. If the OC is not even informed that such a request has been lawfully made, then I believe that it simply remains unenforceable. I believe that Moorcroft failed to inform Vanquis of the CCA request when it returned the account to them, and that they are unknowingly in breach of the CCA every time they re-assign the alleged debt to another DCA. It is possible that if they were aware of the CCA request to Moorcroft, they could perhaps supply a compliant agreement copy - in which case they can then lawfully pursue the debt again. In my case, if they take another 4 years before finally realising, then the debt will become statute-barred.

  7. #7
    Junior Member introuble's Avatar
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    73_LBA_Capital_One Edit.pdf

    Hi

    Thanks for all the advice

    I was asked to upload the letter of claim which I have tried to do, not sure if it worked

    BillK
    Thank you for the advice, i am afraid it confuses me a little bit and I am doing my best to focus on just the next step ,
    I have been reading around about a lot of Capital One accounts and I know that some people on other forums have claimed they have never seen a proper CCA . I hope that is true.

    I do feel a little bit happier now, I phoned national debt Line who have offered to do an income and expenditure with me if I need it
    I am afraid I suffer from terrible anxiety and do not just worry about what may happen but also about what can happen after the what may happen has happened , and in extreme circumstances I worry about what could happen after the what can happen after the what may happen. As you can see, if the first what may happen is even an either or , all of a sudden I am worrying about 8 things and trying to make plans for each

    I posted the letters and have now had the best result, they have been delivered , so I just need to wait

  8. #8
    Super Moderator BillK's Avatar
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    I'll call you 'I.T.' if I may - we do love our 'abbrevo's' in these forums ! Yes - your anonymised Lowell letter has uploaded OK - well done.

    As for my little story - you don't need to understand it fully, but you might possibly find it useful to go back to at some point in the future (depending upon how all those 'what if's' eventually pan out. I could see that you were quite worried about this matter, so the main purpose was to try and put you a little more at ease. The main thing to do now is to follow admin's advice, and by sending Lowells a well-composed response promptly, you will have made it clear that you are taking the matter seriously and are engaging with them sensibly. It puts the ball back in their court, as they will need to organise a fair and proper response if they want to commence legal proceedings.

  9. #9
    Junior Member introuble's Avatar
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    Hi BillK

    thank you for the reply, It is a rather ironic name considering I am something of a Luddite.

    I think I am formulating a plan to follow if they manage to send me everything they need to

    I may write to them, expressing my non existent disposable income and level of debt , more than 20K so I can not use a DRO and explain that even if I accepted i owed the debt there was no money to pay them but that if they insisted on pursuing the claim I would be forced to declare myself BR

    That way , they may realise that I am serious in having nothing and that making a claim against me will only cost them money

    I know this is worst case scenario but pending an answer from a solicitor that I know it would be a serious option.

  10. #10
    Super Moderator BillK's Avatar
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    Apologies for the ironic 'abbrevo' name, I.T !!! I also have my 'Ned Ludd' moments when I struggle to keep up with the march of technology - so I can sympathise with you. I think it is good that you are looking at the worst case scenario, because then every other 'what if' that you imagine will be a better scenario than that - and hopefully not distress you too much to consider. Not wishing to clash with Admin's advice, I'll merely mention some more of my own experiences - which may or may not be of help.

    I had another credit card when I fell on lean times, and they asked me to fill in an income and expenditure summary when I threw myself at their mercy. They eventually accepted that I was unlikely to recover for some time, and accepted a 'token' repayment of just 2 per month. One can refuse to send lenders an I/E summary, but they can equally refuse to accept reduced repayment offers - in which case they can then pass the account to a DCA such as Lowells, who in turn can issue a claim for repayment of the full balance owing. If that happens, then I believe you would then be able to apply to the court for an order to repay the debt on a monthly basis - and you would then need to supply an I/E summary. What you might find useful is to start keeping a record of all your I/E, and perhaps start to work out what your monthly (or weekly) amounts are for various categories of I/E. For example, your utility bills over the past year can be used to work out an average monthly amount - and saving your shopping receipts can help you work out average costs for clothing, groceries, etc. The idea being of course to show that you are genuinely unable to repay the debt as a lump sum - but are not disputing it. As you have said, if you can convince Lowells that they have nothing to gain by using court process, then they have little choice other than to consider your own payment proposals directly. I believe that the term 'a man of straw' is used to describe a person who is not worth pursuing in court - and of course 'getting blood from a stone' is a better-known phrase.

    By doing that, you have looked the worst-case scenario in the eye. As regards bankruptcy, I agree with Admin that it should be considered as the last resort only. I'm not familiar with bankruptcy, but I have used an 'IVA' - which is a less 'drastic' form of bankruptcy, but again should be a 'penultimate' resort. One piece of advice I have seen offered elsewhere is not to declare yourself bankrupt unless it is for a very large amount (eg., the collapse of a business empire) because one of the possible 'protections' that a 'man of straw' has is that it is simply not commercially viable to pursue him for his debts, and it would be similarly not worth the expense of a creditor declaring him bankrupt - for the small amount that they might eventually get.

    But that's my little 'pep-talk' about the worst case scenario done with - well done for facing it with me !! Meanwhile, you can now hopefully focus on the steps that Admin will be showing you - without falling into 'the slough of despond' !!!
    Last edited by BillK; 28-04-2016 at 09:44 PM. Reason: error - 'debtor' should have read 'creditor' in para.3

  11. #11
    Junior Member introuble's Avatar
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    Hi again BillK
    When i say I have spoken to someone face to face today it is not because i do not value or trust the opinions and advice given here, it is just that when you sit down with someone and look them in the eye , well I for one feel better.

    We discussed what I had done and it was agreed that I had done the very best thing I could, sending the CCA request and sending the response to the letter of claim so thank you for that. We also discussed the the worst case scenario that i described above and again it was thought of as a good way forward if the circumstances warrant it , so do an I&E , include my other debts and I know it will show that I have no regular money available to share , well certainly not enough to pay them all even minimum payments of say 5 a month. I know from reading different forums that some people say 'only a judge can order an I&E' but in these worst case scenarios , if I was a Judge I would look more kindly on a debtor who had tried to negotiate and follow the rules than one who basically told the DCA to go forth and multiply.

    Of course i will need to be strong if I have to negotiate and not let them bully me

  12. #12

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    Quote Originally Posted by introuble View Post
    I may write to them, expressing my non existent disposable income and level of debt , more than 20K so I can not use a DRO and explain that even if I accepted i owed the debt there was no money to pay them but that if they insisted on pursuing the claim I would be forced to declare myself BR
    Quote Originally Posted by introuble View Post
    Hi again BillK
    When i say I have spoken to someone face to face today it is not because i do not value or trust the opinions and advice given here, it is just that when you sit down with someone and look them in the eye , well I for one feel better.

    We discussed what I had done and it was agreed that I had done the very best thing I could, sending the CCA request and sending the response to the letter of claim so thank you for that. We also discussed the the worst case scenario that i described above and again it was thought of as a good way forward if the circumstances warrant it , so do an I&E , include my other debts and I know it will show that I have no regular money available to share , well certainly not enough to pay them all even minimum payments of say 5 a month.
    Just a word of warning about the above courses of action: if you haven't paid this debt in years, doing any of the above would acknowledge the debt and reset the clock for the purposes of limitation, not a good idea when you are more than half way through to statute barred.

    Keep calm and don't panic, bear in mind there's always opportunities to negotiate even *IF* a claim was issued. There is mediation, Tomlin Orders, etc. if you wish to avoid a CCJ. Probably a bit too soon to be considering those alternatives but if you feel like a bit of reading: http://consumer.newbeginningsresourc...tomlin-orders/

    Also bear in mind a CCJ on record is bad but not quite as bad as a BR on record. You seem happy to consider going BR yet also seem rather concerned about a CCJ.
    Quote Originally Posted by introuble View Post
    I know from reading different forums that some people say 'only a judge can order an I&E'
    That is true, only a judge can ORDER you to submit one, however, they can be submitted voluntarily if it works to your advantage. Bear in mind what I said above about acknowledging the debt and resetting the clock. You have sent a CCA request and a response to their LBA within 14 days in accordance with the rules. There is no need to submit an I&E at this stage and I doubt it would do much good at this point. They are not likely to be able to produce the documents and that may well stop them in their tracks.
    Quote Originally Posted by introuble View Post
    but in these worst case scenarios , if I was a Judge I would look more kindly on a debtor who had tried to negotiate and follow the rules than one who basically told the DCA to go forth and multiply.

    Of course i will need to be strong if I have to negotiate and not let them bully me
    It may make you look good but, in the end, judges have to apply the law. If the account is enforceable and they can convince the judge that there was a properly executed agreement with all the terms to start with, that there is nothing wrong with the assignment, etc. then the judge would have to rule against you regardless of whether you tried to negotiate or otherwise. Similarly, if the account is not enforceable, then the judge would have to rule in your favour.

    If a claim was issued, once you've submitted your defence, there would be a chance to go through mediation, where you could strike a deal. A claim is not the end of the world, it's just the beginning of the process. Having said that, they've not even issued one yet, so I'd just wait to hear from them (or not, as the case may be), before rushing into anything you may later regret (such as resetting the clock!).

    If you are not familiar with Limitation, take a look here: http://consumer.newbeginningsresourc...e-barred-debt/

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  13. #13

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    Quote Originally Posted by BillK View Post
    I had another credit card when I fell on lean times, and they asked me to fill in an income and expenditure summary when I threw myself at their mercy. They eventually accepted that I was unlikely to recover for some time, and accepted a 'token' repayment of just 2 per month. One can refuse to send lenders an I/E summary, but they can equally refuse to accept reduced repayment offers - in which case they can then pass the account to a DCA such as Lowells, who in turn can issue a claim for repayment of the full balance owing. If that happens, then I believe you would then be able to apply to the court for an order to repay the debt on a monthly basis - and you would then need to supply an I/E summary.
    That is correct, if you got a CCJ you would need to supply these details, however, there are opportunities to negotiate even after a claim has been issued.

    Quote Originally Posted by BillK View Post
    As you have said, if you can convince Lowells that they have nothing to gain by using court process, then they have little choice other than to consider your own payment proposals directly. I believe that the term 'a man of straw' is used to describe a person who is not worth pursuing in court - and of course 'getting blood from a stone' is a better-known phrase.
    You just have to be careful not to acknowledge the debt by making repayment offers on debts you've not paid in years, it's not quite the same when you've just defaulted and have nothing to lose, at least in theory.
    Quote Originally Posted by BillK View Post
    By doing that, you have looked the worst-case scenario in the eye. As regards bankruptcy, I agree with Admin that it should be considered as the last resort only. I'm not familiar with bankruptcy, but I have used an 'IVA' - which is a less 'drastic' form of bankruptcy, but again should be a 'penultimate' resort.
    An IVA is still a form of personal insolvency, and requires you to be able to repay at least 200 a month to your creditors, usually for a period of five years. If you are not able to keep that up for the full term, the IVA would fail and you could be made BR.

    Quote Originally Posted by BillK View Post
    One piece of advice I have seen offered elsewhere is not to declare yourself bankrupt unless it is for a very large amount (eg., the collapse of a business empire) because one of the possible 'protections' that a 'man of straw' has is that it is simply not commercially viable to pursue him for his debts, and it would be similarly not worth the expense of a debtor declaring him bankrupt - for the small amount that they might eventually get.
    I fully agree with that, BR is best suited to people with large debts like personal guarantees on business debts and mortgage shortfalls where you can be pursued for up to 12 years rather than six.

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  14. #14
    Super Moderator BillK's Avatar
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    Professional advice is good - but can be expensive - so advice with debt often relies on such forums as these, where it is to be taken as opinions and suggestions (in the true sense of a forum). As such, there will be differences - and I agree with you I.T., that you should take all the advice you can get and weigh it up yourself. My posts have been 'geared' to try and help you feel less intimidated by what is going on around you, because I felt that was a problem you were experiencing. I do agree that taking a 'cavalier' attitude to DCA's is not the best thing, and will not be seen favourably by a judge - maintain a respectful attitude, but do not succumb to bullying.

    As Admin has pointed out - acknowledging the debt is something to be careful of if it is possible that it may eventually become statute-barred, and although I have recommended the assembly of an I/E summary whilst you are 'looking the worst case scenario in the eye,' I failed to emphasise that at this stage this was an exercise for your own peace of mind. Actually sending this to a creditor at this stage is deffo not a good idea - and I apologise to Admin and yourself for not making this clear. Simply knowing that you can indeed show that your financial circumstances are such that no more than a tiny amount per month (or even zero) can give you a feeling of security - knowing that if the worst-case actually did happen, you were already 'tooled-up' to deal with it. Such an exercise can give you a little spring in your step which - as a pursued debtor - you may not have felt for some time. It worked for me - so yes, let it give you some assurance and some confidence - but not the arrogance that goes before a fall.

    I need to repeat my concurrence with Admin that any communications (or terms within them) which may contain an acknowledgement of what we should perhaps now refer to as 'the alleged debt' should be avoided at this stage. Unenforceability through either the CCA or the Limitations Act depends upon careful the wording of communications. Our Admin is well-versed in that respect - and my anecdotal ramblings are more for moral back-up than factual directives !

    My own main areas are actually with PPI & CPP insurance these days - which of course prompts me to ask if you had such insurance on any of your debts. In some cases, it can be possible to show that the mis-selling of these products was a significant causal factor in the debtor's inability to keep up with their commitments. But that's another story for another time and place, methinks.

  15. #15
    Junior Member introuble's Avatar
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    Hello Bill and admin

    Just to be clear , when I said advice it was from a registered debt advisor so it was free. I will not use anyone I have to pay for .

    I know that it may seem I am too quick to think about BR but there are a few other considerations , one is that I have other debts that they could chase me for , maybe in a year or two just before they go SB, as from what I have read a claim can take several months to progress that would be maybe up to 10 years of ruined credit report. Another is that if they get a cci and my financial position improves dramatically they could go after me for greater payments.

    The final point , and one which I am confused about is that BR has a finite shelf life, usually discharged within a year, payment arrangements for a maximum of 3 years but a CCJ has no shelf life and continues for ever and ever , have I got that right?

    As for PPI , I do not think I had any as I had good sickness and critical illness protection in work at the time.

    I hadn't though about the acknowledgement of the debt , I suppose that I would need to word a letter very carefully

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    Quote Originally Posted by introuble View Post
    Hello Bill and admin

    Just to be clear , when I said advice it was from a registered debt advisor so it was free. I will not use anyone I have to pay for.
    That's good to hear, there are so many free advice sources, there really is no reason to have to pay.

    Quote Originally Posted by introuble View Post
    I know that it may seem I am too quick to think about BR but there are a few other considerations , one is that I have other debts that they could chase me for , maybe in a year or two just before they go SB, as from what I have read a claim can take several months to progress that would be maybe up to 10 years of ruined credit report.
    You haven't told us anything about your other debts so it's hard to comment about them without knowing more. Some may be unenforceable. As a last resort, it is usually possible to use a Tomlin Order to avoid a CCJ when a claim has been issued and defence isn't looking good.
    Quote Originally Posted by introuble View Post
    Another is that if they get a cci and my financial position improves dramatically they could go after me for greater payments.
    The final point , and one which I am confused about is that BR has a finite shelf life, usually discharged within a year, payment arrangements for a maximum of 3 years but a CCJ has no shelf life and continues for ever and ever , have I got that right?
    When you go BR your debts are written off for the most part, with the exception of certain debts which cannot be included in a BR such as court fines and student loans. You would also be expected to dispose of most of your assets including your home if you own it.

    A CCJ stays in place until fully satisfied, however, it is possible to keep your creditors happy with a low monthly payment. Some people pay just 1/month into their CCJs. If you get a CCJ, you wouldn't be expected to sell your possessions to pay it off, it's your income that's taken into account. A charging order can be placed on your property if you own any but orders for sale are very rare.

    Quote Originally Posted by introuble View Post
    As for PPI , I do not think I had any as I had good sickness and critical illness protection in work at the time.

    I hadn't though about the acknowledgement of the debt , I suppose that I would need to word a letter very carefully
    Any letter where you make an offer of repayment, whether it's a monthly installment or a lump sum, would acknowledge the debt.

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    Junior Member introuble's Avatar
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    Well over a month after sending the letters, CCA request etc I have had a letter back from the solicitors saying they have referred it back to their clients and put things on hold. It is interesting it has taken so long

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    Quote Originally Posted by introuble View Post
    Well over a month after sending the letters, CCA request etc I have had a letter back from the solicitors saying they have referred it back to their clients and put things on hold. It is interesting it has taken so long
    That's precisely what we were looking for!

    The reason it took so long is because they would have been trying to obtain the documents requested and it looks like they have failed miserably.

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    Hi
    I have received two envelopes from Lowell solicitors
    Envelope 1 contained a letter dated 18th Aug claiming to enclose statements of account and the notice of assignment , in fact it included a statement of account and two letters where Lowell pass to Lowell solicitors

    Lowell_Solicitor_18082016 Edit.pdf

    Envelope 2 claimed to have a statement of account and a template of a default notice. All it included was anther statement of account

    Lowell_Solicitor_2_18082016 Edit.pdf

    In the original letter I asked for
    A copy of the agreement
    A copy of the NOA
    A copy of the Default Notice
    A statement of account

    As far as I can see they have only supplied the statement of account.

    In addition I sent a S78 to Lowell which I know has been received and signed for and the cheque cashed, I have not received any reply so my understanding is they are in default of a S78 request and can not enforce.

    The statements show the last payment as 27th Jan 2012

    I am not quite sure what to do next?

    Should I write back telling them they have only supplied a statement of account and that lowell are also in default of a S78 request?

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    Quote Originally Posted by introuble View Post
    Hi
    I have received two envelopes from Lowell solicitors
    Envelope 1 contained a letter dated 18th Aug claiming to enclose statements of account and the notice of assignment , in fact it included a statement of account and two letters where Lowell pass to Lowell solicitors

    Lowell_Solicitor_18082016 Edit.pdf
    I notice the attachment includes a document headed "Notice of Acting". That sounds like a bit of a stunt, there is no need to send such a notice, looks like it's intended to intimidate you into paying by showing you that they've instructed solicitors, even when they are their own in-house puppets.
    Quote Originally Posted by introuble View Post
    Envelope 2 claimed to have a statement of account and a template of a default notice. All it included was anther statement of account

    Lowell_Solicitor_2_18082016 Edit.pdf
    The age of the account has little to do with the availability of a copy of a default notice, these are hardly ever retained or saved by the banks or credit card companies issuing them, because they are mail merged from a document with variable fields and a number of individual database records, sent straight to print, without the individual DNs being saved either as electronic files or as hard copies. The only thing that would be on record is the issue date and possibly the generic template used, which wouldn't be any use to you as it would have neither the dates, nor the amounts, which are what make a DN compliant with the requirements of the CCA or otherwise.
    Quote Originally Posted by introuble View Post
    In the original letter I asked for
    A copy of the agreement
    A copy of the NOA
    A copy of the Default Notice
    A statement of account

    As far as I can see they have only supplied the statement of account.

    In addition I sent a S78 to Lowell which I know has been received and signed for and the cheque cashed, I have not received any reply so my understanding is they are in default of a S78 request and can not enforce.
    Your understanding is correct and you should mention the fact that they are in default of your s.78 request.
    Quote Originally Posted by introuble View Post
    The statements show the last payment as 27th Jan 2012

    I am not quite sure what to do next?

    Should I write back telling them they have only supplied a statement of account and that lowell are also in default of a S78 request?
    I would do just that, write back saying they have not supplied all the documents requested and, more importantly, they are also in default of your s.78 request which means enforcement is not an option while they remain in default.

    It may well be that they are not able to obtain the agreement from the original creditor, in most cases involving Lowell, they can't.

    I also notice the use of the word *may*, "a Claim Form MAY be issued". Every time you play lotto you *may* also win it...

    They go on to say what would happen if you don't respond to the claim they MAY issue. They seem to have got carried away with the overuse of the word *may*, as, were they to issue a claim and were you not to respond to it, they would be entitled to request default judgment, so there's no reason to use the word *may* in that context. If they issued a claim, you WOULD defend it, so all that's academic.

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