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Lowell Solicitators Letter of Claim

scotthall asked:

Hi all,

I have just received a ‘Letter Of Claim’ from Lowell Solicitors, stating that I have 14 days to arrange payment with them or they will commence with a claim against me in the County Court Bulk Centre. Their client is Lowell Portfolio I Ltd, who bought the original debt from Shop Direct around two years ago. No payments or contact was made to Shop Direct due to some personal problems I was having at the time that I won’t bore you with. The amount now owed is £200.89. I have received many letters from Lowell over the last couple of years which I have never responded to, however, this ‘Letter Of Claim’ seems to be one that I must.

Having spent the last several hours browsing this site and others, it seems that my response should be a County Courts Pre-Action Conduct – Request For Information. I have found a template that I am going to use. I’m really a beginner at all this, so I was hoping for some confirmation on a few things to make sure that I do everything 100% right.

My questions are:

1. Is sending a County Courts Pre-Action Conduct-Request For Information my best initial response?

2. Do I send this to Lowell Solicitors, Lowell Financial, or both? (They have different post codes and P.O Boxes)

3. After reading several posts advising this response, I have noticed that some suggest that I need to send a £1 postal order attached with it, and some don’t mention it, so is it necessary?

4. Is there anything else that I need to send at this point?

5. Has anyone heard of any instances where this response stops Lowell in their tracks and makes them reconsider going through with a CCJ attempt?

I really appreciate anyone reading this post and answering any questions. Thanks very much.

Tiggy replied:

1. Is sending a County Courts Pre-Action Conduct-Request For Information my best initial response?

Yes

2. Do I send this to Lowell Solicitors, Lowell Financial, or both? (They have different post codes and P.O Boxes)

Solicitors

3. After reading several posts advising this response, I have noticed that some suggest that I need to send a £1 postal order attached with it, and some don’t mention it, so is it necessary?

You send a request for a copy of the agreement under the Consumer Credit Act and send a £1 fee to the claimant NOT to their solicitors.

4. Is there anything else that I need to send at this point?

As above a CCA request

5. Has anyone heard of any instances where this response stops Lowell in their tracks and makes them reconsider going through with a CCJ attempt?

The problem with answering this is that people don’t always come back and claim this as s ‘success’ if they never hear from Lowells again.

scotthall replied:

Thank you Tiggy for your response, it was just what I was looking for.

I will send my letters off on Monday and see what happens. I will update with any response (or lack of) that I receive from Lowell over the coming weeks.

scotthall replied:

Hi guys,

After sending off my CCA request to Lowell Portfolio I and my Pre-Action Conduct Request For Information to Lowell Solicitors, I have received a response from the latter. Its states,

“We note the contents and write to advise you that we have requested a copy of the agreement, terms and conditions, statements and default notice relating to your account from our client and will forward these to you on receipt.

Our client is not required to provide you with The Deed of Assignment as it is a confidential agreement between our client and the original creditor and contains personal information which you have no reason to be privy to and will not be provided to you. No other contract or a “Deed of Novation” exists which our client is under an obligation to provide you with. Your account was assigned to our client from JD Williams, brand Jacamo and a Notice of Assignment was sent to you confirming the same, a copy of which is enclosed.

Your account has been placed on hold and no further action will be taken until we receive the requested documents with further instruction from our client.”

I shall have to wait and see what paper-work Lowell comes up with in the coming days, however I was wondering if there is any response that I should be making in the mean time, especially regarding their statement that they do not need to provide me with a Deed of Assignment. Or should I just stay quiet until I get further response?

Many thanks in advance.