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Lowell’s Constant Court Claims

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  • Lowell’s Constant Court Claims

    Hello

    In 2018 I became aware that my identity was stolen after I started getting letters from various companies (insurance, telecoms, etc) saying my first direct debit had bounced. It was clear the bank account numbers given in the letters were not mine.

    The letters eventually dropped off and I just left it alone. Now in 2021 I am constantly being hounded by Lowell issuing county court claims for these fraudulent debts which were not mine. At first it was ok because they were coming through to my current address, I was able to just defend them and of course once a judges directions arrived, Lowell would issue a notice of discontinuance.

    Now they’ve started issuing claims from my old address and of course I’m not receiving these, a judgement by default gets issued and now I’m left to make an application to have the judgement struck out.

    I wouldn’t mind but it’s now costing me £255 to make an application to strike out these claims each time!

    How the heck do I get these guys to stop? I’ve proven time and time again in past defences that my identity was stolen and these were not my debts but it just seems like Lowell keep issuing these claims!

    It’s bad enough they’ve hammered my credit rating too, I just wish there was something I can do to bar them from issuing any further claims.

    They won’t discuss any of the accounts with me because they say “if I didn’t take out the debts, they cannot discuss the account with me for GDPR reasons”.

    Any help is greatly appreciated
    Tags: None

  • #2
    Hi Hertingford

    It's come to a stage where it's classed as 'harassment'.

    They aren't listening so lodge a complaint with the Financial Service Ombudsman, write out a full summary with dates, how it all started, explain that you've asked them to stop, they won't stop, it's costing you money etc. Explain that you want to be compensated for stress and anxiety and all the money you've paid in court fees plus interest.

    https://www.financial-ombudsman.org.uk/

    You can also complain to the CSA -

    https://www.csa-uk.com/

    Comment


    • #3
      Hi

      Thanks for the reply.

      Do you know if I have to lodge a formal complaint directly with Lowell before escalating to the Financial Ombudsman Service?

      Many Thanks

      Comment


      • #4
        Originally posted by Hertingford View Post
        Hi

        Thanks for the reply.

        Do you know if I have to lodge a formal complaint directly with Lowell before escalating to the Financial Ombudsman Service?

        Many Thanks
        You can do (https://www.lowell.co.uk/complaints-procedure/), the thing is if they've issued a Court Claim, you've defended it and won. Then they keep issuing further Court Claims, you are having to defend them, the courts time is being wasted. They clearly aren't listening to you or the court (Judges). it's an abuse of the courts. I personally would just lodge a complaint with the FOS, the matter might get some attention then. If you want follow the protocols, then complain to Lowell's.

        Comment


        • #5
          no complaint to lowells (if you did then you would say in defence you have outstanding complain (months they can take to reply)., judge may say delay as complaint, then lowells issue a final response then it can take ages before FOS see it to deal with., a judge would if greed to wait the complaint set a usual 6-8 weeks to retrial? not years later! lowell want you to panic/ and make mistakes follow what on here usually good advice,

          Comment


          • #6
            read around the site and get the to know how lowells operate. see other threads

            Comment


            • #7
              Ask the Court to issue a Civil Restraint order https://www.justice.gov.uk/courts/pr...t03/pd_part03c
              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.

              Comment

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              SHORTCUTS


              First Steps
              Check dates
              Income/Expenditure
              Acknowledge Claim
              CCA Request
              CPR 31.14 Request
              Subject Access Request Letter
              Example Defence
              Set Aside Application
              Directions Questionnaire



              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





              NOTE: If you receive a court claim note these dates in your calendar ...
              Acknowledge Claim - within 14 days from Service

              Defend Claim - within 28 days from Service (IF you acknowledged in time)

              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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