Lowell recently sent me a 'letter before claim' giving me 14 days to contact them regarding a debt from 2011 or they would take me to court.

This debt relates to a bank account, with NO overdraft facility that ended up going overdrawn. I received some advice and sent them a prove it letter and after a few weeks received the following as a response - imgur (dot) com/ a /E7JuE

Along with the above letter they sent a copy of my bank statement from 2011 but there was no notice of default included in the package, which they state they did send but have not.

Is there anywhere else I can go with this now? Any help appreciated!

EDIT - Cannot post link to image. The letter basically says "Please find enclosed a copy of the statements and default notice as requested from the original creditor. As this account is a current account it is not regulated by the consumer credit act therefore the original creditor is not obliged to provide you with a copy of the agreement"

Scan the image as a pdf and upload it here please

Also that isnt a response to a prove it letter. Thats a response to a CCA request, and theyre quite correct to say they dont need to supply an agreement.

upload as a PDF follow the upload

what date was your last payment or use of the account please

and the defaulted date from your credit file please

oh and you fell for the oldest trick in the book?

a letter before claim is not a letter before action [re pre action protocols]

and the letter doesn't say WILL anywhere go read it properly.

dx

What is the difference between a letter before claim, and a letter before action?

apparently very little as ive been shown...https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_jrv#claim

just that one of the old Lowell ones had the same title before the above so would be interesting to see it..too

Hi all, thanks for the responses.

So I sent a useless letter to them, great!

I have converted the image to PDF so hopefully it has worked. I did not want to ignore their 'letter before claim' because my sister recently did decide to do that when they came after her with the same letter and they did then take her to court and I want to avoid that.

The account went over drawn and was last used 27th jan 2012 and Lowell added the default the 22nd May 2012. - a bit later than I thought so it isn't barred yet then.

Lowell response letter.pdf

Also that isnt a response to a prove it letter. Thats a response to a CCA request, and theyre quite correct to say they dont need to supply an agreement.

What ever happened to the argument that an overdraft on a current account is credit and therefore an agreement would be required unless the bank relied on a part V exemption?

Simple. OD's are not covered by the CCA because theyre exempt from part V

can we see the original letter please.

lowells did not default the account

they cant do that

the OC would have done that upon sale

get an sar running to Lloyds.

the letter you have says MAY not will

Found the original letter and uploaded it. Noticed it is a 'letter of claim' rather than a 'letter before claim' not that I assume it makes much difference.

May I ask what a SAR to Lloyds would do, could it hold Lowell off for longer?

Thanks for all the help so far!

lowell letter of claim .pdf

well the letter says by 27th april else we will issue a claim without further notice

they haven't, just continued willy waving.

the sar wil give you all the info to p'haps counter a claim IF that happens.

like its 99% penalty charges & their interest added.