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Thread: WON!!! Lowells and a statutory demand threat X 3!!!

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  1. #151
    MIKE770's Avatar

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    Default Re: WON!!! Lowells and a statutory demand threat X 3!!!

    Statute barred debt | Template letter - StepChange MoneyAware

    https://moneyaware.co.uk/2013/10/statute-barred-debt/





  2. #152
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    Default Re: WON!!! Lowells and a statutory demand threat X 3!!!

    Quote Originally Posted by bmw2602 View Post
    Hi everyone, received this copy of a credit agreement they sent to me but it does not relate to this account just a blank cca not signed or dated or any info on it can they take me to court with this agreement, not sure on how to reply to them i am still waiting on the cca request i sent to them in 2013 and again in 04/2017 and they sent me this. just wondering will i get a fourth SD now . Also this was originally littlewoods account not shop direct as on the blank cca they sent me if that makes any difference. thanks for any help
    Well that's not the original CCA (as you know) - default charges are £12 and it's shop direct which wasn't in existence when you opened your account.

    Are they threatening to try going back to court?

    You already told them it's stat barred now didn't you?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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  3. #153
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    Default Re: WON!!! Lowells and a statutory demand threat X 3!!!

    Quote Originally Posted by bmw2602 View Post
    no haven't sent one wasn't sure if it is SB yet, do you think it is now ? the last payment was in march 2010 it says defaulted date on 07/09/2010 not sure what to write with regards to a SB, thank you in advance for any help.
    Did you make any payments after the account was defaulted in September 2010 (such as a DMP or an ATP)?

    If you write and tell them it's SB they will check for evidence so don't tell them that until you're convinced. You need to check.

    Did you send a Subject Access Request to the original creditor to get the full history of this account?

    If they intend to issues legal proceedings then they must send you the new Pre-Action Protocol for Debt Letter of Claim first. This gives you 30 days to respond and they can't (or rather shouldn't) issue a claim during that time.

    If they send you any documents you request during that period then you have a further 30 days to respond before they can issue a claim.

    All this helps to delay the start of legal proceedings so if your debt is touch-and-go SB you'll have bought yourself a couple of more months.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  4. #154
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    Default Re: WON!!! Lowells and a statutory demand threat X 3!!!

    Quote Originally Posted by Amethyst View Post
    Well that's not the original CCA (as you know) - default charges are £12 and it's shop direct which wasn't in existence when you opened your account.

    Are they threatening to try going back to court?

    You already told them it's stat barred now didn't you?
    Hi, thanks for your quick reply, yes they are threatening to take me to court if i don't reply in 30 days, No haven't sent an SB yet didn't realise i could, but going to send one now, Thanks

  5. #155
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    Default Re: WON!!! Lowells and a statutory demand threat X 3!!!

    Quote Originally Posted by Diana M View Post
    Did you make any payments after the account was defaulted in September 2010 (such as a DMP or an ATP)?

    If you write and tell them it's SB they will check for evidence so don't tell them that until you're convinced. You need to check.

    Did you send a Subject Access Request to the original creditor to get the full history of this account?


    If they intend to issues legal proceedings then they must send you the new Pre-Action Protocol for Debt Letter of Claim first. This gives you 30 days to respond and they can't (or rather shouldn't) issue a claim during that time.

    If they send you any documents you request during that period then you have a further 30 days to respond before they can issue a claim.

    All this helps to delay the start of legal proceedings so if your debt is touch-and-go SB you'll have bought yourself a couple of more months.

    Di
    Hi, thanks for the reply, No not made any payments at all after sept 2010. So how do i check if it is statued barred then, not sure how to find out, no didnt send a subject access request dont know what that is sorry, not sure what to do now or respond to there letter, thanks

  6. #156
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    Default Re: WON!!! Lowells and a statutory demand threat X 3!!!

    Quote Originally Posted by bmw2602 View Post
    they are threatening to take me to court if i don't reply in 30 days, No haven't sent an SB yet didn't realise i could, but going to send one now
    Does this mean you've received the 'new style' Letter Before Claim with a form to complete?

    If so it needs a more formal response than a SB letter.

    The process is explained in detail on @Debt Camel 's website here > https://debtcamel.co.uk/letter-before-claim-ccj/

    You may need to consider whether the debt was acknowledged in any way when you received/disposed of your Statutory Demand(s). Without knowing 'who said/wrote what to who and when' during that time it's hard to comment.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  7. #157
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    Default Re: Lowells and a statutory demand threat

    Quote Originally Posted by bmw2602 View Post
    i am still waiting for the cca request from years ago
    I've just read back through your thread and can see that there's a s 77-79 CCA Request from years ago which hasn't been complied with yet (has it?).

    You should have that issue to plead as a Defence even if the debt is not SB. Let's hope things don't get that far though.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  8. #158
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    Default Re: WON!!! Lowells and a statutory demand threat X 3!!!

    Quote Originally Posted by Diana M View Post
    Does this mean you've received the 'new style' Letter Before Claim with a form to complete?

    If so it needs a more formal response than a SB letter.

    The process is explained in detail on @Debt Camel 's website here > https://debtcamel.co.uk/letter-before-claim-ccj/



    You may need to consider whether the debt was acknowledged in any way when you received/disposed of your Statutory Demand(s). Without knowing 'who said/wrote what to who and when' during that time it's hard to comment.

    Di
    Hi no form to complete they state in the letter saying that please find documentation provided by our client lowell in relation to the account and that i need to contact them to make a payment to the collection agent lucas credit services if we do not here from you within 30 days they will instruct legal proceedings without further notice, i sent them a reminder of the cca i requested in april 2013 and again in 2017 and this was there reply but they still havent provided me with my cca request. The debt was never acknowledged i still have all the old sd's and letters before and after the sd's, thanks for your quick reply.

  9. #159
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    Default Re: Lowells and a statutory demand threat

    Quote Originally Posted by Diana M View Post
    I've just read back through your thread and can see that there's a s 77-79 CCA Request from years ago which hasn't been complied with yet (has it?).

    You should have that issue to plead as a Defence even if the debt is not SB. Let's hope things don't get that far though.

    Di
    Hi no still no cca request recieved from them i did send another in august 2017 and they replied that we acknowledge your request for us to supply documents supporting our clients claim we will write to you further once the documents are available. do you think i should send a non compliance cca request letter, not sure how to reply to them within 30 days, thanks for your reply. i hope not fingers crossed

  10. #160
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    Default Re: WON!!! Lowells and a statutory demand threat X 3!!!

    Quote Originally Posted by Diana M View Post
    Does this mean you've received the 'new style' Letter Before Claim with a form to complete?

    If so it needs a more formal response than a SB letter.

    The process is explained in detail on @Debt Camel 's website here > https://debtcamel.co.uk/letter-before-claim-ccj/

    You may need to consider whether the debt was acknowledged in any way when you received/disposed of your Statutory Demand(s). Without knowing 'who said/wrote what to who and when' during that time it's hard to comment.

    Di
    Hi, just checked through all the paperwork they just sent me and there is no reply form to fill in just a letter and a blank credit agreement from shop direct, an old letter from shop direct 2010 regarding giving notice of assignment to lowells and a statement from shop direct of all the payments, thats it no reply form they just asked me to phone them with a payment, thanks

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    Default Re: WON!!! Lowells and a statutory demand threat X 3!!!

    Hi All,

    I found this statement of account from Shop Direct Group i have attached which states the the last payments made to the account was on the 08/03/2010, the default date was 07/09/2010 and the date sold to lowell's was 13/09/2010, and no payments was made after the 08/03/2010 and the debt was never acknowledged either since 03/2010, so with this proof is it possible that it could be statued barred now hopefully, thank you for any help on replying to them.
    Attached Files Attached Files

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    Default Re: WON!!! Lowells and a statutory demand threat X 3!!!

    Hi, not sure what to reply to their letter as i only have 30 days to reply before they possibly take action, i requested a cca request on the 05/04/203 and again 20/08/2017 to which they have not complied with, any ideas would be very grateful, thank you.
    Attached Files Attached Files

  13. #163
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    Default Re: WON!!! Lowells and a statutory demand threat X 3!!!

    They don't give up do they ! Yes you should respond to that, but I'm going to read back properly - I think you got the stat demands set aside, and they discontinued after your defended the court claim last time, and it was the same account each time previously ? so just double checking that's right. If it is then they are after a second bite of the cherry as they failed, and your statute barred clock just carried on ticking, so yes it should be stat barred now. That copy agreement is NOT the original CCA - obviously - you opened the account in 1999. They are pee'ing in the wind IMO. That's the best they can come up with after 4 years lol. Grrrr. It's still with Lucas so I wouldn't be worrying about impending court action. That's not a compliant letter before action either.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  14. #164
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    Default Re: WON!!! Lowells and a statutory demand threat X 3!!!

    See what others think, I'm thinking something along these lines to try make them bog off and give it up.... ( haven't read back everything yet so WIP )



    Dear Cohen Cramer Solicitors.

    Re: Lowell Portfolio 1 Ltd v xxxxxxxxxxxxx

    Thank you for your recent letter dated 25 October 2017 and the documentation that your client, Lowell Portfolio, has provided in relation to the account.

    You will be aware, one would hope, that your client has previously taken legal proceedings through the county court on this account. They discontinued their claim( Claim Number XXXXXX) on xx/xx/2015 following receipt of my defence.

    Prior to that claim, back in 2013, your client served a number of statutory demands on me, all of which were set aside by the court due to the debt being disputed and a lack of documentation and evidence.

    It is my contention that any debt allegedly owed to ''Shop Direct'' would now be time barred by statute pursuant to the Limitations Act 1980. I suggest that your client is no longer able to take any court action against me to recover any alleged amount claimed.

    The FCA Consumer Credit Sourcebook (section 7.15) states that "Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." and that ''A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.''


    Further, again as I am sure you are aware, the copy of a credit agreement enclosed with your letter is not a copy of the original agreement and does not satisfy my formal request/s made to your client under section 78 of the Consumer Credit Act 1974, nor does it satisfy me evidentially that any credit agreement exists, and it remains my position that I have not signed any credit agreement with 'Shop Direct' or your client.

    Any further claim would, of course, be strongly defended. To that end, I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.


    ,,,,,,,,,,,,,,,,,,,, something along those lines?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  15. #165
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    Default Re: WON!!! Lowells and a statutory demand threat X 3!!!

    Also, (as in my case) could you argue that reporting (if they are) to CRA's that it is factually incorrect? Although it wouldn't matter tbh as if it is SB'd then it wouldn't be showing on any CRA file...?

  16. #166
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    Default Re: WON!!! Lowells and a statutory demand threat X 3!!!

    Quote Originally Posted by bmw2602 View Post
    not sure what to reply to their letter as i only have 30 days to reply before they possibly take action, i requested a cca request on the 05/04/203 and again 20/08/2017 to which they have not complied with.
    Unless I'm wrong there have been no previous county court claim/proceedings only the Statutory Demands. Or have I completely misunderstood this long thread?

    A Statutory Demand is not a court document so it would/should not impact on the debt's SB status unless the debt was acknowledged in some way when those were being disposed of.

    You say you have a s 77-79 CCA Request which has not been complied with so that's two potential legal arguments if they do issue proceedings (there're probably more!).

    I'm not sure that letter requires a response but that's up to you. If you tell them what's wrong with the documents they sent, then they may try harder to reconstitute acceptable ones before issuing.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  17. #167
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    Default Re: WON!!! Lowells and a statutory demand threat X 3!!!

    Quote Originally Posted by Amethyst View Post
    They don't give up do they ! Yes you should respond to that, but I'm going to read back properly - I think you got the stat demands set aside, and they discontinued after your defended the court claim last time, and it was the same account each time previously ? so just double checking that's right. If it is then they are after a second bite of the cherry as they failed, and your statute barred clock just carried on ticking, so yes it should be stat barred now. That copy agreement is NOT the original CCA - obviously - you opened the account in 1999. They are pee'ing in the wind IMO. That's the best they can come up with after 4 years lol. Grrrr. It's still with Lucas so I wouldn't be worrying about impending court action. That's not a compliant letter before action either.

    Hi All,

    Thank You very much for all your help and info i really do appreciate it, i have been so stuck on what to reply to them .

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