The infamous DP continus

Greetings everyone,

I know many will recognise the Lowest DP who continues with their efforts to intimidate me.
They have now referred the alleged account to their (in house?) solicitors who have warned me of impending legal action. Not a pre action letter as yet.

My question is this: Having written the NOCA’s to them which the CEO has not replied and also informing them I will defend strongly in court because of their vexatious acts, would an affidavit have any purpose now because letter 3 is almost the same wording?

I am going to also utilise the wisdom from the book by Pm Yates.

Has anyone stopped Lowest from going to Court?

I would say yes ,although i would improve on the one we have ,it was written in a hurry and could be improved upon.
Still think they are trying it on .

I hope they are trying it on but I have seen posts from MissKermit where they have continued to court action.
I don’t know whether they backed down in the end.

The book gives some great tips and how to turn it back on them, so will look at all possibilities.
My confusion is, he says once the three NOCA’s are done just ignore them as they are a DP. I don’t like to ignore anything.

I agree, i do not ignore anything.
I still think its scare tactics ,why do they continue with threats ,why not just issue a claim?
Would they really want to put themselves in the position of being asked those questions in court.
They could have answered all the questions you asked long ago,they chose not to.
Remember at no point have you refused to pay.

Hi Biggiebest,

Thank you for the mention.

I am currently in discussion with Lowell regarding a credit card but the situation I have previously mentioned (that you refer to) was a friends Shop Direct account.

A quick recap of the events that played out:

In 2011 Lowell bought the account from the OC. My friend made payments to Lowell up until 2014.
At this point I asked her to stop making payments and started the 3 letter process to find lawful remedy.

Between 2014 and 2017, Lowell continued to reject our claims regarding Deeds of Assignment and their responsabillity to provide proof of claim.
They started sending the usual discount offers to try their luck

In March 2018 we were sent a Pre Legal Assessment form in which they threatened to send the account to their solicitors. We ignored this letter.

May 2018 we received a NOTICE of ACTING from Lowell Solicitors. In my opinion Lowell solicitors are just another agent of the larger Lowell Group and have no authority.
We pointed out to them that the matter had been resolved and would stay that way until a Deed of Assignment was sent to us.

Begining of June 2018, Lowell solicitors stated that no Deed would be sent to us as it is confidential.

June 2018 came the LETTER of CLAIM.

Throughout July 2018 Lowell solicitors were sent requests for proof and I picked apart their argument. I also stated that I was in contact with the OC who could not provide proof of the debt still existing to them (Because it didnt)

August 2018, Lowell solicitors still argued that They do not accept thet they are required to discharge the burden of proof.
They kept saying that they stand by the fact that because payments had been made in the past, that proves my friend accepted the debt exists.
The end of that letter says that their client (Lowell) have suspended recovery of the account due to the on going dispute

We stated that the account wasnt in dispute.

Sept 2018 we received the PRE ACTION PROTOCOL OUTCOME letter from Lowell Solicitors. This said QUOTE "Further to your completed Pre Action Protocol Reply Form, our client has not yet been able to provide us with a full response and has requested that we return your case to them."

It all went quiet

In July 2021 I wrote to Lowell for confirmation that the account was Statute Barred. They agreed and said that "Although the debt still exists we have decided to close the account"

ANOTHER SUCCESS against the bottom feeding DCA

Sorry for the long thread. If you need any other info please ask


No Fear

MissKermit,
Thank you for your kind reply.

That just shows they will push it as far as they can to try to scare you into paying. When they see that you are standing your ground and wont budge ,they back off.

Read the 10 maxims of commercial law and it clearly states incomplete paperwork has no voracity and if they are frefusing to honour their lawful obligations they cannot proceed lawfully.

High Court precedents have repeatedly stated for every benefit there is a liability and if someone makes a claim it must be signed by the person making the claim as they have to accept full liability for it and no company as a dead entity can make claims.

Thank you for posting all, especially Miss Kermit. Inspiring and helpful.

Letter of claim received today from the solicitor.
Any help please with how to complete their form would be welcome.

I presume its their own form & not a court form.
Personally i would never fill in their own form.I would respond along the lines of;
I am in receipt of your letter of claim. I have for a considerable time been requesting from your client proof of claim for this alleged debt ,No proof has ever been provided.
Indeed if this debt which you have provided no evidence of did indeed exist ,it has long been statute barred.
Should no proof of claim be provided within seven (7) days or you contact me again, i will bring a claim for harassment Under The Protection from Harassment Act 1997.

Yes Dave, their own form.
However, the alleged debt with OC that
Lowell bought is not SB for another three years or so.

Ok, Try this approach.
You are claiming i owe a debt to your client. However your client has been requested on numerous occasions to provide evidence of such debt,Your client has failed to
provide such evidence and their continued correspondence will without such evidence result in a claim under the Protection from Harassment Act 1997.

I will however afford your client one further opportunity to prove their claim ,by providing a CERTIFIED copy of the agreement (security Instrument) .This must be accompanied by the name
of whoever has seen and can personally verify its existence. Upon receipt of the CERTIFIED copy ,i will require your client to make an arrangement whereby i can view the original
Security instrument in its original condition ,free of any endorsements or other markings, in order that arrangements can be made for the redemption of said Instrument.

There is no way the Leeds losers will ever have had the 'note' and therefor no valid claim.

Legendary advice yet again Dave. Thank you.
Your wisdom and sound words capture the strength of the requirement perfectly.

Thank you very much.