Search
  • Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Lowell Portfolio fail at the preliminary stage…………

Collapse
Loading...
X
Collapse
  • Page of 1
  • Filter
  • Time
  • Show
Clear All
new posts
Previous Next
  • #1

    Lowell Portfolio fail at the preliminary stage…………

    Today in North London a Claim was dismissed by a District Judge, it wasnt because of a breach of s78, or a defective default notice, but for a reason which should have been flagged up pre issue, it should have been noticed by those reviewing the file before even serving a letter of claim and […]

    More...
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.
    Tags: None
    • 4 likes
  • #2
    Re: Lowell Portfolio fail at the preliminary stage…………

    What a wunch of bankers
    • 2 likes

    Comment

    • #3
      Re: Lowell Portfolio fail at the preliminary stage…………

      :clap2: :clap2: :clap2:

      A most interesting point, and one more to keep in mind when someone posts about receiving a claim. Presumably the claim was for an overdraft as it refers to a 'joint account'. :noidea:

      the statements showed that the account was a joint account and therefore the claimants claim fell into real difficulties, why? well s141 (5) Consumer Credit Act 1974 requires all parties to a regulated agreement are party to any proceedings. The problem this claimant faced is that it sued Mrs but not Mr, furthermore, Mr’s account had not been assigned to the Claimant, so it couldnt join Mr to proceedings ( see Pickthall v Hill Dickinson) and in addition, since proceedings had been issued, the Claimant could not go back and pursue Mr later , in short the claim was a mess and once proceedings had been issued the Claimant lost any chance of getting its house in order.
      • 1 thank

      Comment

      • #4
        Re: Lowell Portfolio fail at the preliminary stage…………

        Oh how I love the Leeds Losers. They were the ones who drove me to Legal Beagles via that other site which will remain nameless. Due to the arrogance of their telephone threat monkey I discovered what little power DCAs actually have.
        • 2 likes

        Comment

        • #5
          Re: Lowell Portfolio fail at the preliminary stage…………

          Its a fundamental error these debt purchasers make, its not the first time ive had this argument, infact ive run it many t imes and todate touch wood it has been successful.

          I warned them this was an issue, but they ignored me, so now its a complaint to the FCA from the client
          I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

          If you need to contact me please email me on Pt@roachpittis.co.uk .

          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

          You can also follow my blog on consumer credit here.
          • 3 likes

          Comment

          Previous Next

          View our Terms and Conditions

          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

          Announcement

          Collapse
          No announcement yet.

          Court Claim ?

          Guides and Letters
          Loading...



          Search and Compare fixed fee legal services and find a solicitor near you.

          Find a Law Firm


          Working...
          X