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Lowell / Lucas Credit - Letter before action?

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Comments

  • fatbelly
    fatbelly Posts: 23,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    You can (should) request proof

    https://debtcamel.co.uk/letter-before-claim-ccj/

    NB boxes C and I
  • LouR
    LouR Posts: 50 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    fatbelly said:
    You can (should) request proof
    NB boxes C and I
    On the reply form I will request:
    • A copy of the written contract for the alleged debt.
    • A copy of the notices of assignment of the alleged debt.
    Should I request any other information like a copy of the credit agreement and include £1?


    Thank you all.
  • fatbelly
    fatbelly Posts: 23,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    edited 3 February 2021 at 1:16PM
    It's a credit card. The contract is the CCA agreement So like the guidance suggests ask for:

    a copy of the signed Consumer Credit Act Agreement for the alleged debt; 
    a copy of the Default Notice;
    a full statement of account, including details of all interest and charges included on the outstanding balance of the 
    alleged debt, explaining how they have been calculated, and any payments already made toward the alleged debt;
    a calculation of the interest claimed; the annual or daily rate of interest;
    a description of the nature and amount of any administrative charges included in the 
    alleged debt;
    a copy of the notices of assignment of the 
    alleged debt.

    Don't send a £1 - you are not doing a cca request but you may want to do that if they start a court claim.

    You won't get all that but it gives them something to chew on

    In the meantime you do need to be taking advice on your debt situation as a whole
  • LouR
    LouR Posts: 50 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Today 28th April I received a letter dated 23rd April from Overdales Solicitors, and the following:
    • Copy of agreement.
    • Copy of Notice of Default.
    • Copy of statement.
    • Copy of notice of assignment.
    They also state the following which doesn't really make sense:
    Failure to respond within 30 days of the date of this letter in order to avoid a County Court Claim form being issued against you. 

    If I don't contact them will they have to send another Letter Before Action or will it be a court claim form? At what point is it too late too negotiate a payment and avoid a CCJ with added interest?

    Thank you all.
  • sourcrates
    sourcrates Posts: 32,222 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    LouR said:
    Today 28th April I received a letter dated 23rd April from Overdales Solicitors, and the following:
    • Copy of agreement.
    • Copy of Notice of Default.
    • Copy of statement.
    • Copy of notice of assignment.
    They also state the following which doesn't really make sense:
    Failure to respond within 30 days of the date of this letter in order to avoid a County Court Claim form being issued against you. 

    If I don't contact them will they have to send another Letter Before Action or will it be a court claim form? At what point is it too late too negotiate a payment and avoid a CCJ with added interest?

    You have 30 days to respond to the LBA otherwise a claim form will be the next step, so you have 30 days to do your negotiating.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • LouR
    LouR Posts: 50 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 30 April 2021 at 10:20AM
    You have 30 days to respond to the LBA otherwise a claim form will be the next step, so you have 30 days to do your negotiating.
    Assuming this latest correspondence is an extension of the original LBA?

    Is there a minimum monthly payment amount/percentage these firms are required to accept as fair or am I wasting my time trying to negotiate a low affordable figure?
    Thank you all.
  • sourcrates
    sourcrates Posts: 32,222 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    It depends on what your budget says, as everyone`s situation is different, its impossible to have a universal minimum amount.

    If you choose to agree terms, do so quickly.

    Otherwise defend the claim if you believe you have grounds to do so.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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