Good Afternoon,

Looking for some advice; got a letter of claim for a loan I took out with HSBC around 5 years ago?

I was made redundant at the time and couldn't keep up with the repayments,

when I tried to claim on my PPI for the payments, they said I didn't have any even though they were charging me for it.

So I stopped paying them, and they kept switching the debt around from collector to collector,

until they got to Lowell and then now BW Legal.

I hope someone can give me some info on how to respond!

In order for us to help you we require the following information:-

? Lowell

. Received today.

. HSBC, for a loan that I couldn't afford to repay once I was made redundant and they refused to honour their payment protection on at the time.

£3001.14

or after 2007? After.

Why did you cease payments? approx 2010

Was there a dispute with the original creditor that remains unresolved? Yes, they would not honour PPI even though they were charging for it each month prior to my redundancy.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?

Yes, although as I was unemployed I advised I could not pay at all, which is why I wanted to use my insurance.

Looking at it, it looks more like a letter of intent than an actual letter of claim - they've just labelled it "letter of claim"

So this is not from the court ? It is a letter from BW Legal warning that they will issue a court claim ?

Edit your first post, as claimant will be Lowell and not your name.

Send a CCA request letter to Lowell, with a copy of the letter copied to BW Legal. If you click on CCA request, there is a link for the letter.

You should get all statements of account from HSBC, as well as all other documents, by sending HSBC a Data Protection Subject Access Request. The information may help with any court claim and in claiming back any PPI payments you made. The request can be sent to HSBC head office, with any references or your name, date of birth and address at the time, plus what account the request relates to.

Send cca request to Lowell and a letter (formal complaint)putting the ac into dispute due to the ppi

Once you receive the SAR response get a formal complaint into HSBC to reclaim the misold ppi

Thanks for your advices guys! I'll try the CCA request.

Hi, Yeah not from the court. From BW Legal, they just headed it as letter of claim and put a deadline on it.

You could also send a copy of your cca request (minus payment )and formal complaint to BW, just so there is no misunderstanding saying this is what you have forwarded to Lowell

just to stop them in their tracks

I've drafted a letter to sent to Lowell (based on the links provided) - would this be ok?

"Dear Sir or Madam

Re:− The attached correspondence (Willis Hall v. Lowell)

Please note for your records that the I dispute the debt in question

– I held a PPI policy with HSBC relevant to the same, that was not honoured once I was made redundant.

The failure of the PPI policy to respond is why the debt in question is now allegedly in default.

This letter also acts as a formal request pursuant etc etc.

I look forward to hearing from you. Yours faithfully"

And I'm going to send the other request to HSBC next week for the potential PPI claim.

I mean, is there any chance I could ask them to call it quits?

(I won't pursue PPI if they don't pursue the alleged debt?)

Also, am I breaking any chance of it becoming statute barred by responding now?

template letter removed, as for members only

the letter from bw was a letter before action, if they were to issue a claim it would stop the sb clock on issue

so you need to judge whether you think they will persue their threat or not

if you send your letter to lowell, head it Formal Complaint and expand it a little

enclose the cca request as a seperate letter

if you think they will issue a claim, imo I would stop them in their tracks and reclaim the ppi

Hi, Thanks for modifying my post; was just logging on to clean it up, as it copied across from word weirdly! I'll use the template for the document request and send the complaint separately then; hopefully that will put them off. I'll let you know how I get on, and thanks for all your help so far!

Hi, I sent the above to BW Legal back at the time and they went away until recently!

I received the following back then :-

"Good afternoon,

We write with regard to the below email, the contents of which has been noted.

We thank you for your reply and your request for a copy of the agreement between you and HSBC.

Please note that we have attempted to contact you on the number provided in the below email but with no success.

We now hold only xxxx as a contact number for you as we can see that you have requested that we only contact that number. Apologies for any attempts that were made to your work number but when we were originally asked to remove the landline number, there was no security passed. Without passing security we are unable to amend any details as there is no confirmation it was yourself making the request. As per the Data Protection Act, security questions need to be answered on every call.

We have requested from our client a copy of the original agreement so that it can be sent to you as you have requested. As our client may need to contact the original creditor for these documents we are unable to guarantee a timescale for obtaining these but we will endeavour to obtain them as soon as possible.

With regard to your question concerning who to contact to make an insurance claim. Any insurance claim needs to be made by you with the insurance company you had the policy with.

Our case will be held and so no further action will be taken on this matter, while we obtain and provide the requested documentation.

If you have any questions regarding this matter, please feel free to contact our office on xxxx.

Kindest regards"

But no proof was ever sent.

Today I received:

"Dear Sir,

Our Client: Lowell Portfolio 1 Ltd

Our Reference: xxxx

Balance Due: £3001.14

Original Creditor: HSBC Bank Plc

Original Account Number: xxxxxxxx

We have been instructed by Lowell Portfolio 1 Ltd to commence Legal Action and issue a Claim against you in the County Court in respect of the above debt.

Legal Proceedings

If payment or a response is not received before 28 September 2017, we will issue a Claim against you in the County Court without further notice. Such legal action may result in you being liable for court fees, solicitors' costs and statutory interest which are estimated below.

Principal Debt £3001.14

Estimated Interest £1378.72

Estimated Court Fees £185.00

Estimated Solicitors' Costs £80.00

Estimated Total £4644.86

If payment or a response is not received following a County Court Claim, a County Court Judgment ("CCJ") may be entered against you. A CCJ will be recorded on your credit file for 6 years unless you pay the Judgment debt in full within a month of the CCJ being entered. A CCJ on your credit file may affect your ability to obtain future credit. If you fail to comply with the CCJ order we may apply to the County Court to take one of the following enforcement actions to recover this debt:

Warrant of Control: A County Court Bailiff visiting you at your home.

Attachment of Earnings: Your employer may be ordered to deduct payments from your wages.

Charging Order: To secure the amount outstanding under the Judgment against any property that you own.

Order to Attend Court For Questioning: You being ordered to attend court to disclose your financial circumstances.

What You Need TO Do Now

To avoid the need for Legal Action and the additional fees, costs and interest estimated above payment of £3001.14 is required before 28 September 2017.

Call us today on xxxxxx to discuss this matter with one of our helpful team. If you are unable to pay the sum of £3001.14 immediately, we can set up an affordable payment arrangement for you. If you dispute this debt, please tell us why so that we can help resolve this matter.

Email us today at xxxx and we can look to set up an affordable payment arrangement for you.

When contacting us by email please provide the following:

our reference "xxxxx" and

your full name; and

date of birth; and

address including postcode; and

contact number; and

how we can help; or

provide details of any questions/queries

We can also accept payment by a variety of methods which are specified in the attached document. Direct Debit and recurring card payment are the most popular choices as you only need to tell us your preferred date for payment and the payment will be taken automatically each month so you do not have to worry about it.

Yours faithfully,

BW Legal

bw legal"

So now I'm panicking a little. Is the debt statute barred, and can they proceed to court without further evidence of the debt?

I sent the following:

"I have yet to receive the proof referenced.

Furthermore, I do not admit liability for this debt, and I do not intend to make any further payments to it for the following reasons:

The earliest point at which you could have sued for the full balance owing to this debt was more than six years ago

No payment has been made to this debt by me, any joint account-holder, or any third party acting as my agent for a period of more than six years

No written admission of liability for this debt has been made by me, or any third party acting as my agent for a period of more than six years

This debt is therefore statute barred and any court claim to recover it will be defended on this basis. If you have evidence that this debt isn’t statute barred, please send it to me within 21 days. Otherwise, please confirm in writing that you won’t pursue me further for this debt.

Kind Regards,

xxxxx"

Will that be enough or is further action required?

Sorry if I'm necroing this, just thought having all the info in one place would be best.