Lowell - Going to local County Court Urgent Advice Needed Please

[nemesis45]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

@nemesis45

Hi Nem,

I am needing help again re Lowell. So they sent me a discontinuation notice on the 2nd June, which was filed with the County Court on the 1st, (it was going to court on the 2nd if you remember). Last week I received a letter from Lowell asking for medical evidence of my illnesses, I ignored the letter thinking that it must just have overlapped in the postal system. However, today I have received a copy of my CCA (which proves statute barred in any event) but they are saying they will continue legal proceedings against me if I don't phone them with a proposal of a repayment.

So I phoned Lowell and I told them I had received notice of discontinuation and that I had checked with the Court and they also had received it and the case was closed. She put me on hold for about 10 minutes and then comes back and says, "we have no evidence of a notice of discontinuation on your file, but a hold will be placed on the account while we check with the court". I told her they can check what they like but I won't be replying to anything else and should they continue to harass me I will seek legal advice and take them to court for harassment. I am infuriated. What should I do now, do I write to Lowell with a copy of the notice of discontinuation or do I now just ignore all correspondence from them?

Cannot believe them!!

Thanks

Danni

Hello Danni,

Refresh my memory was this being dealt with by Lowell Solicitor the in house muppets?

As to their stupidity.

Try this:

For the Personal Attention of
Andrew Bartle
Chief Operating Officer
The Lowell Group
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds
LS10 1AH

Date:

Ref: CC Claim No.

Discontinued on:
Statute Barred Debt:

Sir,

I refer you to the above mentioned claim is regard to the alleged debt ( statute barred) which was discontinued on date ( enclose a copy of the notice) I am now being harassed by Lowell for payment on this alleged debt I have attached a copy of this latest letter. The court has confirmed that the claim was discontinued.

I now require confirmation of the following by return of post.

1. That Lowell acknowledges that the claim was discontinued.

2. Lowell acknowledges that the alleged debt is statute barred.

3. That Lowell has closed the file on this matter and no further activity in any form will take place.

Please be aware that the conduct of Lowell and its solicitors will be reported to the FCA for information.

Yours etc.

Ok Danni use signed for post ( and please don't phone Lowlife they cannot be trusted!!

nem

[NeedingHelp15]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

Thanks Nem, yes it's been dealt with by Lowell Solicitors. I have all the documentation here including their covering letter confirming the case was discontinued. The court confirmed nothing more can be done by Lowell as it was discontinued and cannot be reopened, I hope that is correct.

Thank you for the letter template I will send that to them tomorrow, thereafter if I continue being harassed do I just ignore it or report them? I just feel this is now wasting my little energy I have and I just cannot be bothered with it.

Danni x

[Amethyst]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

I wonder if Lowell Solicitors just suffer from the same as BW Legal - lack of communication with Lowell. I'd include your copy of the notice of discontinuance with the letter as well.

The letter enclosed with the CCA does sound like a standard missive though so I wouldn't worry too much, things will just take a bit to catch up.
As they discontinued they would have a major task trying to withdraw that discontinuance.

[nemesis45]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

Thanks Nem, yes it's been dealt with by Lowell Solicitors. I have all the documentation here including their covering letter confirming the case was discontinued. The court confirmed nothing more can be done by Lowell as it was discontinued and cannot be reopened, I hope that is correct.

Thank you for the letter template I will send that to them tomorrow, thereafter if I continue being harassed do I just ignore it or report them? I just feel this is now wasting my little energy I have and I just cannot be bothered with it.

Danni x

Good morning Danni,

This is by no means the first instance Lowell Solicitors not communication with their masters, if their conduct does amount to harassment yes it needs reporting you can come back here and we will help you deal with, at the moment stick to the fact that they discontinued.

nem

[Kati]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

@nemesis45

Hi Nem,

I am needing help again re Lowell. So they sent me a discontinuation notice on the 2nd June, which was filed with the County Court on the 1st, (it was going to court on the 2nd if you remember). Last week I received a letter from Lowell asking for medical evidence of my illnesses, I ignored the letter thinking that it must just have overlapped in the postal system. However, today I have received a copy of my CCA (which proves statute barred in any event) but they are saying they will continue legal proceedings against me if I don't phone them with a proposal of a repayment.

So I phoned Lowell and I told them I had received notice of discontinuation and that I had checked with the Court and they also had received it and the case was closed. She put me on hold for about 10 minutes and then comes back and says, "we have no evidence of a notice of discontinuation on your file, but a hold will be placed on the account while we check with the court". I told her they can check what they like but I won't be replying to anything else and should they continue to harass me I will seek legal advice and take them to court for harassment. I am infuriated. What should I do now, do I write to Lowell with a copy of the notice of discontinuation or do I now just ignore all correspondence from them?

Cannot believe them!!

Thanks

Danni

Have you still got the notice of discontinuation to hand?? It might be an idea to send them a copy of it :noidea:

[NeedingHelp15]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

Letter sent along with copies of their notice of discontinuation and their covering letter confirming discontinuation. All sent recorded delivery, lets hope they sort their mess out quickly.!!

Can I ask, I just checked my credit file and Lowell defaulted me in April apparently.....the court hearing was on the 2nd June, can I get this removed from my credit file as they closed the case?

[nemesis45]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

Letter sent along with copies of their notice of discontinuation and their covering letter confirming discontinuation. All sent recorded delivery, lets hope they sort their mess out quickly.!!

Can I ask, I just checked my credit file and Lowell defaulted me in April apparently.....the court hearing was on the 2nd June, can I get this removed from my credit file as they closed the case?

Lowell cannot default an account this would have been done by the original creditor, Lowell can only Up Date files the original default date cannot be changed. Are you sure that the date is not just a general up dating of the files.

Unfortunately the credit file entry remains until the 6th Anniversary of the date the original creditor entry. The debt was unenforceable in court and a default did occur, the ICO which regulates the data on CRA files say that credit file entries must show an accurate. up to date picture of the conduct of the account.

I would however check that Lowell has not added the court costs of the discontinued claim to the debt.

nem

[NeedingHelp15]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

Thanks Nem, so one of the accounts I paid off says date of default 21/07/2010 so I am I correct that as of 21/07/2016 that will be removed for example? What happens after the 6th anniversary? Sorry for all the questions I am hoping to build my credit rating back up eventually and just need to understand how it works x

- - - Updated - - -

On the Lowell one it says the default balance as £426 but then it says updated on 14/4/16 balance £776? x

[nemesis45]

Re: Lowell - Going to local County Court Urgent Advice Needed Please

Thanks Nem, so one of the accounts I paid off says date of default 21/07/2010 so I am I correct that as of 21/07/2016 that will be removed for example? What happens after the 6th anniversary? Sorry for all the questions I am hoping to build my credit rating back up eventually and just need to understand how it works x

- - - Updated - - -

On the Lowell one it says the default balance as £426 but then it says updated on 14/4/16 balance £776? x

The default entry will be removed on or just after 21/07 paid or not and cannot be put back.

The Lowell entry should show the default date as the OC's entry and should be removed as well.

nem