Lowell Solicitors - Notice of Discontinuance

[P-Jay]

Hello again LBs!

I've just had a very strange letter drop on my doorstep.

In Sept 2015, thanks to a lot of help from you guys I avoided a CCJ marker in a case against the debunked (sort of) Bryan Carter / Lowell Portfolio. Which resulted in a Tomlin order for £50 a month for 6 years or so.

Thread is below:

http://legalbeagles.info/forums/foru...tfolio-v-p-jay

I've duly paid the £50 each month without fail. I did get an e-mail from them in April 2016 to say that Bryan Carter were no more and Lowell Solicitors were taking over, they also admitted they had no record of the Tomlin order and asked if I'd send them my copy - I didn't for no other reason than I thought I kept all the benefits of it as in they had to leave me alone, and potentially again, if anything ever went wrong they might not be able to go straight to the court and get the CCJ without having to fight it.

Anyway - the letter:

"Dear Mr. Jay

Our client Lowell Portfolio
ref number XX
Claim Number XX
Original company name Welcome Finance
account number xx
Outstanding Balance £2300

We refer to the above matter

We have been instructed to discontinue the above Claim and return the account to our client, which will end legal proceedings.

Please find enclosed a copy of the Notice of Discontinuance (which was attached) which we have lodged at the Court on the basis that each party near their own costs.

Our client will be contacting you with respect to the account.

Should you wish to discuss the discontinuance, please contact a member of our team blah blah blah.".

What are the implications here? It's an old debt, about a decade old now, it's long gone off my credit history, but obviously I've admitted liability via the Tomilin order and have been making repayments.

IF and it's a big IF, I now decide to boycott any future payments, can I be taken to court a second time for the same debt? My personal finances are a lot better now than they were in 2015, but equally £50 is still a noticeable amount of money each month and frankly it makes me depressed to see it on the bank statement each month.

[Amethyst]

Hmmm odd. The original order was for the case to be stayed under the terms of the schedule ( below ) Discontinuing the claim means they have no security on the debt. It's not SB of course as you've been paying it.

I might carry on as normal and see what Lowell Portfolio contact you with - then have a look at things and maybe consider a f&f at a % of what's remaining ?

For other's ref...

"

1. The defendant agrees to pay to the claimant the sum of £3,800 (the settlement sum) in full and final

settlement of the claim to be paid

by instalment amounts of £50 per month
for a period of 76 months commencing on the 13 October 2015
with a final payment of £50 due on 13 January 2022.

NB: Payments to be made to the NatWest bank account of Bryan Carter, No: 96615893, Sort Code: 60 – 23 - 34, Quote Ref: LOW/13991331


2. The court will stay the case (i.e. the court will take no further steps in relation to the case) and the claim, defence and any counterclaim will be struck out without further order of the court (meaning that the case will no longer be treated as active) if the court has not heard from either party by 13 April 2022.


3. The parties will keep the information contained in this agreement confidential and not use it for any other purposes. Other than a final written agreement, any information – whether written in a document prepared for mediation or written or spoken during the mediation – can only be used for the purpose of mediation and cannot be referred to in any court action unless the parties agree. The parties agree that they will not call the mediator to give evidence in any court action.

4. In the event of any default by either party, the other party shall be entitled to apply to the court:
a. for judgment, without any further court hearing, for the unpaid balance of the settlement sum; or
b. for the claim to be restored for hearing for the full amount claimed.

5. This agreement is in full and final settlement of both parties' claims, including any claim for costs, court fees, expenses or interest"

[P-Jay]

It's really odd isn't it? I've sort of gotten over the excitement of it, but it still makes no sense. Lowell Portfolio own the debt, Welcome are no more, maybe it's a bit of a cock-up there end - they didn't seem to have much paperwork on me, but still.

Perhaps they're looking to re-sell the debt, but if they paid the usual 10% of outstanding value for it they're already quids in.

As suggested, wait and see I suppose.

[Amethyst]

Did you look at PPI and charges and what not on the original loan with Welcome btw? ( just while you wait for Lowell to show their hand )

[P-Jay]

Yes, no PPI - I actually remember signing for it now. They made me sit with an 'advisor' aka salesman when I took the loan for 20 mins or so, even though I was probably under the influence I didn't take it and there's none shown on the paperwork.