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About JimBrain

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  1. Update: I've had no correspondence since early February and nothing since I made CCA request. However, over the past week, Lowell's "lawyers" BW Legal have been calling every day on my mobile leaving messages for me to call them. I'm not sure if they are hoping I have not retained the paperwork from our previous correspondence or simply enjoy headbutting concrete structures. I've blocked their number.
  2. SB, up until yesterday morning (5th March) I've had nothing through, although their last letter was dated 4th February but didn't actually arrive till the 9th. Not sure if that is through use of snail mail or a deliberate tactic to try to reduce the effective time I have to respond. The 4th was actually the 21st and final day for a response under the SD (no working days caveats for us plebs), so a question I would ask is did they jump the gun sending a letter with this date? In any case I'm not sure if their assertion that I haven't denied the SD is something they would seriously cla
  3. Is there a template you could recommend? Found this one after a search but seems a bit over the top? Also based on an English case http://www.consumerwiki.co.uk/index.php/DCA:_Non-Compliance_of_CCA_Request
  4. Yes there is a named person dealing with the account at their end and I suppose there is the risk of making it personal if you go overboard with the cutting replies. I do think I should gently remind them I did indeed return the denial slip though. But I will stick to factual statements on the basis less is more and a low profile is better than stirring it up. The balance to be struck is to let them know they will be strongly opposed if they insist on pursuing this. I will be sending failure to comply letter registered post on Monday
  5. Thanks again for comments and support. Today is the 12th working day since they received the denial slip and CCA request. I have received nothing re the CCA request, only the aforementioned "without prejudice" attempt to squeeze payment out of me. What would you recommend as the next step? I'm thinking I should send them (BW Legal) a letter in the next few days. Something along the lines of "I received your letter of 4th Feb. I was surprised and disappointed that you did not acknowledge receipt of the denial slip and accompanying CCA request which were si
  6. I have retained the receipt for postage and have printed the proof of delivery with scanned signature. I have scanned copies of the SD and denial slips that were returned and a Word version of the CCA Letter. Does this mean that in the event they go ahead with the Sequestration Petition, all I need to do is produce this evidence and it is dismissed, albeit they can then go back to the court? I think I will wait till the time for them to respond to the CCA request lapses before responding to them. After all, someone once said, never interrupt your enemy when they're making a mistake!
  7. UPDATE I returned the denial slip by special delivery on 30th January with a note in the explanation to say I do not acknowledge liability for the alleged debt and have requested they provide a valid credit agreement under CCA to confirm this. I left both 3 and 4 options intact (I deny that I owe you the sum demanded, I deny that I owe you the sum demanded immediately). In the same envelope I sent a CCA letter. This was received and signed for at BW Legal on 31st January. I sent the documents to BW Legal marked Lowell Portfolio 1 c/o BW Legal. This morning I got a letter through
  8. They included an "Explanation of denial" section on the denial slip. I wrote a couple of sentences saying I have no knowledge of the terms and no liability for the agreement quoted and I have submitted a CCA request to the alleged creditor to confirm this. Do you think this is a good idea or giving them something to twist and I'd be better to ignore the explanation? I've been advised that the explanation of denial is not a mandatory part of the denial.
  9. UPDATE I received a letter from BW Legal on Monday 27th Jan (dated 23rd Jan). I am going to send denial slip along with CCA request tomorrow by special delivery. The SD states that BW have sole responsibility for the account and all communication should be addressed to them only. Does this mean I should send the CCA letter to BW or Lowell, or even both? The latest letter begins by stating I was personally served the SD on 14th Jan then asks me to contact someone at their office to discuss the matter so a settlement can be reached. It then says "If we fail to
  10. Thanks dx. Lowell actually called my mobile today. Didn't pick up and blocked the number.
  11. Thanks dx. I got mixed up between the CCA request and prove it letter, I thought they were the same thing. Thanks for the link It says that I should send to the OWNER of the debt so I should send to Lowell not BW Legal? I don't have any contact details for Lowell but I guess I might be able to find a contact on line.
  12. Thanks for the advice folks and I understand the caveats attached. Some more info: The SD has a cover letter from BW which lays out all sorts of dire consequences if I am sequestrated (yawn). But it ends with a request to contact them as there is still time to come to an acceptable payment arrangement. I have no intention of doing this. So perhaps they will not follow through but I am still inclined to deny and send them a prove it letter. Do you think this would give them the impression that I have assets to protect if I did so? If in the perhaps unlikely event that the
  13. Thank you everyone for your help so far. I can't describe how much weight has lifted from my shoulders from getting some clarity around the situation. My guess would be that Lowell have taken a punt on me capitulating in the face of a scarey legal document with much scarey talk of demand for payment and sequestration, delivered by a scarey sounding sheriff officer, and offering to negotiate with them for a payment plan. Even half the balance would be 11.5K for not a lot of work. Or alternatively that I will do nothing and they can then move to sequestration, which would be a waste o
  14. I picked up papers from Walker Love today. It seems the situation is not quite as critical as I had feared. I was presented with a Statutory Demand for Payment for 23K The Sheriff Officer seemed quite helpful. There was an initial conversation where he asked if this was a debt I recognised and could it be a mortgage even though it says personal loan. I said no idea what it is and the amount is not realistically payable even if I did so can we cut to the chase of what Lowell are after please. After this he assured me was independent in the matter and was quite helpful
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