***DISCONTINUED*** Court Claim - Lowell / Orange

[nemesis45]

Re: Court Claim - Lowell / Orange - 15-7-2015

Many thanks, Nem. :-)

Tom

See it works Tom!!
nem

[Snoop1Tommy]

Re: Court Claim - Lowell / Orange - 15-7-2015

Good morning Tom.

I hope you are feeling better now!

Personally I would be writing to Lowell directly with a copy to Carter, suggesting that they withdraw the claim as it seems they have little prospect the claim going forward.
If they are not wiling to withdraw/discontinue of their own volition you will make an application for the claim to be struck out and you will expect Lowell to pay the costs of the application.

Nem

Hi Nem,

Apologies for having to refer to this one again. During my period of absence from the forum (see my comments under Restons) I also received a letter from Bryan Carter Solicitors LLP, with regard to Lowell Portfolio I Ltd. As follows is the response I received from Bryan Carter Solicitors LLP:

"Dear Sir

OUR CLIENT: LOWELL PORTFOLIO I LTD
ACCOUNT NO: *********

We write further to your letter dated the 16 November 2015.

We confirm that we are no longer instructed in this matter and our file is now closed. If you have any further queries please contact our client at the below address:

LOWELL GROUP
Lowell Portfolio I Ltd
Ellington House
9 Savannah Way
Leeds
LS10 1AB

Yours sincerely

Bryan Carter

BRYAN CARTER SOLICITORS"


Obviously, B C Solicitors no longer have anything to do with my case and it is back in the hands of Lowell Group. As you advised previously I sent letters to both B C Solictors LLP & Lowell Portfolio I Ltd, along the lines of what you suggested to write in the letter:

"Personally, I would be writing to Lowell directly with a copy to Carter, suggesting that they withdraw the claim as it seems they have little prospect the claim going forward.

If they are not willing to withdraw/discontinue of their own volition you will make an application for the claim to be struck out and you will expect Lowell to pay the costs of the application".

However, I have yet to hear anything from Lowell Portfolio I Ltd, after nearly 2 months. If Judgement has been stayed, which has already been confirmed by the County Court, and B C Solicitors have now returned my file to Lowell Portfolio I Ltd, I can only assume that perhaps my case has been discontinued? In this case, and as I have already written to Lowell Portfolio I Ltd concerning the case, I would be grateful for any advice and / or help with this matter, as to what should be my next step.

Many thanks in advance,

Tom

[nemesis45]

Re: Court Claim - Lowell / Orange - 15-7-2015

Hi Nem,

Apologies for having to refer to this one again. During my period of absence from the forum (see my comments under Restons) I also received a letter from Bryan Carter Solicitors LLP, with regard to Lowell Portfolio I Ltd. As follows is the response I received from Bryan Carter Solicitors LLP:

"Dear Sir

OUR CLIENT: LOWELL PORTFOLIO I LTD
ACCOUNT NO: *********

We write further to your letter dated the 16 November 2015.

We confirm that we are no longer instructed in this matter and our file is now closed. If you have any further queries please contact our client at the below address:

LOWELL GROUP
Lowell Portfolio I Ltd
Ellington House
9 Savannah Way
Leeds
LS10 1AB

Yours sincerely

Bryan Carter

BRYAN CARTER SOLICITORS"


Obviously, B C Solicitors no longer have anything to do with my case and it is back in the hands of Lowell Group. As you advised previously I sent letters to both B C Solictors LLP & Lowell Portfolio I Ltd, along the lines of what you suggested to write in the letter:

"Personally, I would be writing to Lowell directly with a copy to Carter, suggesting that they withdraw the claim as it seems they have little prospect the claim going forward.

If they are not willing to withdraw/discontinue of their own volition you will make an application for the claim to be struck out and you will expect Lowell to pay the costs of the application".

However, I have yet to hear anything from Lowell Portfolio I Ltd, after nearly 2 months. If Judgement has been stayed, which has already been confirmed by the County Court, and B C Solicitors have now returned my file to Lowell Portfolio I Ltd, I can only assume that perhaps my case has been discontinued? In this case, and as I have already written to Lowell Portfolio I Ltd concerning the case, I would be grateful for any advice and / or help with this matter, as to what should be my next step.

Many thanks in advance,

Tom

Hi Tom,

Lowell has it's own firm of solicitors .

No response to CCA request debt unenforceable.

Suggestion give Lowell 7 days Formal Notice that you are going to apply for the claim to be struck out and that Lowell
is to bear the costs of the application .

And invite them to withdraw.

nem

[Snoop1Tommy]

Re: Court Claim - Lowell / Orange - 15-7-2015

Hi Tom,

Lowell has it's own firm of solicitors .

No response to CCA request debt unenforceable.

Suggestion give Lowell 7 days Formal Notice that you are going to apply for the claim to be struck out and that Lowell
is to bear the costs of the application .

And invite them to withdraw.

nem

Hi Nem,

How are you? I hope things have settled down a bit more for you now with regard to the flooding situation, and that you weren't too badly affected in the end.

Anyway, I managed to send the Lowell Group / Lowell Portfolio I Ltd a letter last Tuesday as advised, and haven't received a response from them. I made it quite clear about the 7 Days Formal Notice too, so with this now having practically lapsed I would be grateful if you could advise me as to what should be the next step for me to take? It's quite obvious that they're seeing my letter as some kind of empty threat I guess, and are maybe being quite dismissive of it?

Many thanks again for all of your help and advice so far, I really appreciate it. :-)

Kind Regards,

Tom

[nemesis45]

Re: Court Claim - Lowell / Orange - 15-7-2015

Hi Nem,

How are you? I hope things have settled down a bit more for you now with regard to the flooding situation, and that you weren't too badly affected in the end.

Anyway, I managed to send the Lowell Group / Lowell Portfolio I Ltd a letter last Tuesday as advised, and haven't received a response from them. I made it quite clear about the 7 Days Formal Notice too, so with this now having practically lapsed I would be grateful if you could advise me as to what should be the next step for me to take? It's quite obvious that they're seeing my letter as some kind of empty threat I guess, and are maybe being quite dismissive of it?

Many thanks again for all of your help and advice so far, I really appreciate it. :-)

Kind Regards,

Tom

Good morning Tom,
Yes settled down at least for a while, main job a large lawn in front of the
house will have to be replaced.
I would expect Lowell to reply as late as possible. In the past they have
been known to state that any time scale their victims may set are arbitrary
of no consequence but they apply similar timescales themselves.

Give them a few more days and then we can send them a " reminder".

How are you feeling now?

nem

[Snoop1Tommy]

Re: Court Claim - Lowell / Orange - 15-7-2015

Good morning Tom,
Yes settled down at least for a while, main job a large lawn in front of the
house will have to be replaced.
I would expect Lowell to reply as late as possible. In the past they have
been known to state that any time scale their victims may set are arbitrary
of no consequence but they apply similar timescales themselves.

Give them a few more days and then we can send them a " reminder".

How are you feeling now?

nem

Hi Nem,


I sincerely apologise for the time taken to reply but once again my ill health has intervened, and, this time, it has been a nasty flare up of a sinus infection that has completely floored me for the past 2 weeks. I am so sorry to hear about the state of your lawn after the floods, and I hope it won't prove to be costly to you in replacing it. I also hope that you have fared off better, this time with the latest storm, 'Storm Gertrude'!


Anyway, this post brings very good news for a change. Lowell Financial have ceased all action on the aforementioned 'Orange' account, and no further action will be taken. I received a letter earlier in the week to explain and confirm that Bryan Carter Solicitors sent a 'Notice Of Discontinuance' to the County Court' on the 16th September 2015. I have included the content of the letter from Lowell Financial, as follows:


"Lowell complaint reference: ******
Lowell account reference: *********
Original Service Provider: Orange


Thank you for your complaint, received on 14 January 2016, we have fully noted all the points you have raised. Please find enclosed a copy of our internal complaints procedure for your perusal.


Summary of your complaint


My understanding of your complaint is you are unhappy our legal claim in relation to the above matter has been stayed due to the information provided by you to Bryan Carter Solicitors. You state that if we do not withdraw our claim within the next seven days you will make an application to have it struck out by the County Court. You are also unhappy that you have not received a reply to your letter of the 16 November 2015.


My findings


I have reviewed the account and taken into consideration the concerns you raised. Bryan Carter Solicitors have confirmed they sent a Notice of Discontinuance to the County Court on 16 September 2015. Therefore, at this point our legal claim was stopped. A copy of this notice was also sent to you at your address.


Having reviewed our records, we received correspondence from you on 24 November 2015; however, we did not respond to this as a 'Notice of Discontinuance' had already been sent. Please accept my apologies for any inconvenience this may have caused, this certainly was not intended.


I can confirm that the account is closed and no further action will be taken to pursue this matter further.


Furthermore, I can confirm we have taken the decision to close Lowell references: *(account numbers withheld)* due to the information you provided regarding your circumstances.


If you disagree with how I have reached my conclusion, please do not hesitate to contact me on Freephone 0800 ******* telling me your reason and include any evidence that has not already been provided that you think is important to your case. Alternatively you can email me using complaintsresolution@lowellgroup.co.uk or write to me at the above address".




Just to let you know though I never received a copy of the 'Notice of Discontinuance', but I do not have any cause to disbelieve Lowell and this doesn't take away from the fact that this is the best news I've received in ages, with regard to my creditor problems! And as a bonus, I never expected Lowell to effectively close down 9 other accounts, which were already active. Long story short, with regard to these accounts - they all related to 'matrimonial debt' from over 10 years ago, and I was paying basically token amounts of £1 towards each debt (it was all I could afford). So, to have these closed was a massive relief too... which would be a big understatement on my part! LOL


I would like to take this opportunity to express my huge gratitude to you for all of your help, advice, guidance, patience & understanding with this particular case / creditor. When I initially received the County Court papers (back in July 2015) I could have quite easily had a nervous breakdown, and without you being there throughout I don't quite know what I would have done! I truly appreciate this, thank you! :-)

[charitynjw]

Re: Court Claim - Lowell / Orange - 15-7-2015

Brilliant! :whoo:

[MIKE770]

Re: Court Claim - Lowell / Orange - 15-7-2015

Love it when a plan comes together!!!

[nemesis45]

Re: Court Claim - Lowell / Orange - 15-7-2015

Hi Nem,


I sincerely apologise for the time taken to reply but once again my ill health has intervened, and, this time, it has been a nasty flare up of a sinus infection that has completely floored me for the past 2 weeks. I am so sorry to hear about the state of your lawn after the floods, and I hope it won't prove to be costly to you in replacing it. I also hope that you have fared off better, this time with the latest storm, 'Storm Gertrude'!


Anyway, this post brings very good news for a change. Lowell Financial have ceased all action on the aforementioned 'Orange' account, and no further action will be taken. I received a letter earlier in the week to explain and confirm that Bryan Carter Solicitors sent a 'Notice Of Discontinuance' to the County Court' on the 16th September 2015. I have included the content of the letter from Lowell Financial, as follows:


"Lowell complaint reference: ******
Lowell account reference: *********
Original Service Provider: Orange


Thank you for your complaint, received on 14 January 2016, we have fully noted all the points you have raised. Please find enclosed a copy of our internal complaints procedure for your perusal.


Summary of your complaint


My understanding of your complaint is you are unhappy our legal claim in relation to the above matter has been stayed due to the information provided by you to Bryan Carter Solicitors. You state that if we do not withdraw our claim within the next seven days you will make an application to have it struck out by the County Court. You are also unhappy that you have not received a reply to your letter of the 16 November 2015.


My findings


I have reviewed the account and taken into consideration the concerns you raised. Bryan Carter Solicitors have confirmed they sent a Notice of Discontinuance to the County Court on 16 September 2015. Therefore, at this point our legal claim was stopped. A copy of this notice was also sent to you at your address.


Having reviewed our records, we received correspondence from you on 24 November 2015; however, we did not respond to this as a 'Notice of Discontinuance' had already been sent. Please accept my apologies for any inconvenience this may have caused, this certainly was not intended.


I can confirm that the account is closed and no further action will be taken to pursue this matter further.


Furthermore, I can confirm we have taken the decision to close Lowell references: *(account numbers withheld)* due to the information you provided regarding your circumstances.


If you disagree with how I have reached my conclusion, please do not hesitate to contact me on Freephone 0800 ******* telling me your reason and include any evidence that has not already been provided that you think is important to your case. Alternatively you can email me using complaintsresolution@lowellgroup.co.uk or write to me at the above address".




Just to let you know though I never received a copy of the 'Notice of Discontinuance', but I do not have any cause to disbelieve Lowell and this doesn't take away from the fact that this is the best news I've received in ages, with regard to my creditor problems! And as a bonus, I never expected Lowell to effectively close down 9 other accounts, which were already active. Long story short, with regard to these accounts - they all related to 'matrimonial debt' from over 10 years ago, and I was paying basically token amounts of £1 towards each debt (it was all I could afford). So, to have these closed was a massive relief too... which would be a big understatement on my part! LOL


I would like to take this opportunity to express my huge gratitude to you for all of your help, advice, guidance, patience & understanding with this particular case / creditor. When I initially received the County Court papers (back in July 2015) I could have quite easily had a nervous breakdown, and without you being there throughout I don't quite know what I would have done! I truly appreciate this, thank you! :-)

That is excellent news Tom!!

A long slog since last July Tom, persistence pays off!

This hopefully will now allow you to relax and concentrate on your life without constantly watching the letter box!!

Your thanks are very much appreciated!!

Best wishes for the future.

nem

[PAWS]

Re: ***DISCONTINUED*** Court Claim - Lowell / Orange

I would like to take this opportunity to express my huge gratitude to you for all of your help, advice, guidance, patience & understanding with this particular case / creditor. When I initially received the County Court papers (back in July 2015) I could have quite easily had a nervous breakdown, and without you being there throughout I don't quite know what I would have done! I truly appreciate this, thank you!

Not much I can add to that! Well done all xxxxx