Overdales solicitors a part of Lowell’s? Updated with response

Dottydoolay

Wow thanks Fatbelly I had indeed totally misunderstood your advice and was thinking I was sending a CCA.
Thankyou again 

themaverick1

Fatbelly, What is this about the six year non payment situation.....??

fatbelly

themaverick1 said:

Fatbelly, What is this about the six year non payment situation.....??

I asked if there had ever been a 6-year gap in payments. You said there had been one year.

If there is a six year gap in you acknowledging the debt (and payment is one form of acknowledgement) then the debt becomes statute barred and cannot be enforced.

So you are a long way away from that. A prove-it letter wouldn't count as acknowledgement anyway

Dottydoolay

Just to update and seek further advice please I have now received the 6 page 30 days to respond letters which read very scary, all info looks correct to me with amounts and dates.

What do I go in with now? Full and final payment recorded delivery letter as a matter of urgency? Do I ring them to do that? Log in to the online thing to do that?

Or am I stuck with providing financial details and payment plan online or paper?

I know this may seem a stupid assumption to make but I feel that this has moved on really quickly to an even scarier place and I want this sorted urgently can’t be having this stress nor can I pay it all. 
Thankyou so much 

Grumpelstiltskin

Do not ring these people, they will only try to bully you if you do.

Make sure all communication is in writing preferably by snail mail and don't panic.

Dottydoolay

Thankyou so much for replying you have no idea how many times I have checked back on this to see if anyone has replied yet.
I’m not going to lie I am panicking big time, I feel like I have followed the path of procedure but now I’m being hit hardball.
Got to be honest I don’t want to speak to anyone and would rather do it in writing.

fatbelly

Dottydoolay said:

Just to update and seek further advice please I have now received the 6 page 30 days to respond letters which read very scary, all info looks correct to me with amounts and dates.

What do I go in with now? Full and final payment recorded delivery letter as a matter of urgency? Do I ring them to do that? Log in to the online thing to do that?

Or am I stuck with providing financial details and payment plan online or paper?

I know this may seem a stupid assumption to make but I feel that this has moved on really quickly to an even scarier place and I want this sorted urgently can’t be having this stress nor can I pay it all. 
Thankyou so much 

You've had a formal pre-action protocol letter so you should respond.

Debt Camel explains how to do this here:

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

Dottydoolay

Thankyou Fatbelly so I thought the breakdown was proof of a CCA as such when actually reading that it’s not.
Am I still right to tick the box that looks to trigger the proof needed? And do I send a separate CCA request now with the fee? 

I feel a fraud for asking for proof but at the same time from advice given I know they haven’t paid for the full amount they’re chasing so it’s a catch 22.
They certainly know how to scare people though and I guess that’s what it’s all about now I have calmed down a little.

fatbelly

There's the stage you are at now, and the next stage.

Where you are now is the pre-action protocol letter. If you didn't get around to sending the prove-it that we talked about on 25 March, or you've not had a reply, then this is your chance to do it formally. Tick boxes C and I and ask for everything as this is a Consumer Credit Act debt:

Box I asks what information you need. Helpfully it gives some examples:

A copy of the written contract for the debt; A full statement of account, including details of all interest and charges included on the outstanding balance of the debt, explaining how they have been calculated, and any payments already made toward the 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 debt; a copy of the notice of assignment of the debt.

If you have a credit debt (any form of loan, overdraft, credit card, catalogue, hire purchase) I suggest you ask for all of the above. Also ask for a copy of the Default Notice. And if your debt has been sold from one debt collector to another, put notices of assignment in the plural as you want them all.

The next stage will be their actual court claim and that is where you want an unfulfilled cca request. If you can react quickly you can do it when the claim comes but at least get everything ready to send including the £1 postal order. You will also be making a cpr request and I can point you to templates when that comes.

If you want to make an offer to settle then you do that on a 'without prejudice' basis using this letter but personally I wouldn't. What percentage of the debt are you offering?

https://www.nationaldebtline.org/sample-letters/full-and-final-settlement-offer/

Dottydoolay

Thankyou Fatbelly, sorry for the delay in replying I am on it but such is life had bad news yesterday so didn’t get back.
Yes sent prove it letter and then got that letter/letters back.
So tick the boxes paraphrase requesting all that information in a letter and send recorded delivery? Sign the letter?
I have raised about half of the debt atm but could improve on that.
You know I have got non stop valuable support and advice on here but when it comes to it I still feel clueless you have no idea how much I appreciate your help.
Thankyou