**DISCONTINUED** Court claim - BW legal and Lowell Portfolio 1 Ltd

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

I don't appear to have anything from them saying it is a request for payment or a final demand.

[FlamingParrot]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

I don't appear to have anything from them saying it is a request for payment or a final demand.

That would have been sent to you shortly after you stopped paying them. However, a loan is a simple contract with set repayment dates every month as per s.5 of the Limitation Act. The cause of action would have been shortly after you missed a contractual payment.

The final demand indicating the start of the cause of action refers to overdrafts because they are a special type of loan without a set repayment date. Your Welcome loan would have had a set day every month when payments were due.

6 Special time limit for actions in respect of certain loans.

(1) Subject to subsection (3) below, section 5 of this Act shall not bar the right of action on a contract of loan to which this section applies.

(2) This section applies to any contract of loan which—

(a) does not provide for repayment of the debt on or before a fixed or determinable date; and
(b) does not effectively (whether or not it purports to do so) make the obligation to repay the debt conditional on a demand for repayment made by or on behalf of the creditor or on any other matter;
except where in connection with taking the loan the debtor enters into any collateral obligation to pay the amount of the debt or any part of it (as, for example, by delivering a promissory note as security for the debt) on terms which would exclude the application of this section to the contract of loan if they applied directly to repayment of the debt.

(3) Where a demand in writing for repayment of the debt under a contract of loan to which this section applies is made by or on behalf of the creditor (or, where there are joint creditors, by or on behalf of any one of them) section 5 of this Act shall thereupon apply as if the cause of action to recover the debt had accrued on the date on which the demand was made.

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

well it is now 14 days until the hearing and nothing has been received from Lowell or BW.

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Still not received anything from BW or Lowell - when do they have to file documents? Court notice stated that all documents on which each party intends to rely at the hearing to be delivered to each party and the court by 7th July 2015. Hearing is set for 4th August.

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Still nothing from BW or Lowell.

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Still not received anything from BW or Lowell - when do they have to file documents? Court notice stated that all documents on which each party intends to rely at the hearing to be delivered to each party and the court by 7th July 2015. Hearing is set for 4th August.

Hi AJB,
Give the court a ring tomorrow to see what's going on.

nem

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Will call them and will let you know what they say .

Thanks

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Will call them and will let you know what they say .

Thanks

Great yes please let us know!!

nem

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Rang the court this morning. Claimant has discontinued the case and the hearing will no longer be going ahead.

Does this mean they have decided to no longer pursue the case via the courts or will it pop back at sometime in the future?

Thanks

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Rang the court this morning. Claimant has discontinued the case and the hearing will no longer be going ahead.

Does this mean they have decided to no longer pursue the case via the courts or will it pop back at sometime in the future?

Thanks

Yes it does well done!! You should receive Notice of this very soon.
Very unlikely that you will hear any more about this.

In the past Lowell has tried the " morally the underlying debt still exists so please send us some money" approach if it happens just send the letters back unanswered,

Good result!!

:tinysmile_twink_t2: nem

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Big sigh of relief from me and a huge thanks to yourself and Flaming Parrot - your help with all this has been very much appreciated.

At times it did seem that it was just dragging on and I sometimes felt like everything was going the way of the claimant. This is proof, yet again, that Lowell and their legal representatives need to be stopped in trying to use the court system to their advantage.

Huge thanks everyone - and anyone who is experiencing anything similar, I hope this helps in making a stand against these 'LOWLIFES'.

[ODC]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

In the past Lowell has tried the " morally the underlying debt still exists so please send us some money" approach


:tinysmile_twink_t2: nem

Lowell and morality in the one sentence. Incredible!!!!!

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Lowell and morality in the one sentence. Incredible!!!!!

Yes isn't it they have tried some odd ploys of this sort over the years one that springs to mind was in
March when there's no more Council Tax to pay sending a letter asking that people pay the money " saved"
for that month to their " Lowell account".
Sad bunch not living in the real world.

ne.

[ajb2001]

Re: **DISCONTINUED** Court claim - BW legal and Lowell Portfolio 1 Ltd

How do Lowlifes still have a finance licence?

[MIKE770]

Re: **DISCONTINUED** Court claim - BW legal and Lowell Portfolio 1 Ltd

Influential shareholders no doubt, c/o Parliament? etc & xankers