Money claim by Lowell portfolio LTD

[Shelly85]

Re: Money claim by Lowell portfolio LTD

Also the debt it's self was around 250 in looking back at the original letters the first showed me when during this time of them sending letter but court fees had made it go to £950 but I am not wanting to pay that so how can I get around them taking it back to only the original ammount as I have staged above in the letter. Thanks [MENTION=42011]Nem[/MENTION] x

[nemesis45]

Re: Money claim by Lowell portfolio LTD

Hi @Nem this is my letter could you please see if this is ok thank you .


To Lowell portfolio 1 LTD

I am unable to attend the dates given 24th January 2017 at the county court dartford.
And will I neither be able to attend any dates in the near future. As I have mentioned in the previous letters I no longer live in the uk.

I there for would like to resolve this situation by email or by letter to my fathers address.

I would like to make an offer of £10 a month of only the original amount of the debt it's self untill it's payed in full.
This is not including court fees or any other fees that have been applied without my knowledge.

This amount is the maximum I can pay as I am unable to work due to only holding a resident visa in the current country I am living.

I would also like to request a consent tomlin order to suspend the claim as long as agreed payments are maintained and no ccjs are registered against me.

yours sincerely
Sherilee Francis

Hello Shelly,

Says it all I think!

Copy to solicitors, claimant and the county court should cover any problems with postal services.

I wish all the very best, you have dealt with this very well given the disadvantage of not being in the UK.

Have a great Christmas.

nem

[Shelly85]

Re: Money claim by Lowell portfolio LTD

Hay I received a letter after j had sent the settlement fee of £10.00 a month [MENTION=49370]Kati[/MENTION] I have sent by email Thankyou
I'm confused on the last paragraph weather they are talking about me to pay if the claimant thank you

[Kati]

Re: Money claim by Lowell portfolio LTD

Hay I received a letter after j had sent the settlement fee of £10.00 a month @Kati I have sent by email Thankyou
I'm confused on the last paragraph weather they are talking about me to pay if the claimant thank you

not received it yet [MENTION=87499]Shelly85[/MENTION] :noidea: xx

[Kati]

Re: Money claim by Lowell portfolio LTD

....

[Shelly85]

Re: Money claim by Lowell portfolio LTD

Thanks [MENTION=49370]Kati[/MENTION] [MENTION=42011]Nem[/MENTION] x

[Kati]

Re: Money claim by Lowell portfolio LTD

tagging [MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION] xx

[MIKE770]

Re: Money claim by Lowell portfolio LTD

well they went ahead and now you have a CCJ, they are the pits and need sorting out like a lot of other companies/areas in this so called free society (Rant) well you need to get a vary amount thru court PDQ

n245-eng.pdf (PDF 305KB)

n245-eng.pdf (PDF 305KB)

they sent your letter to the judge i.e. used it as an admission so automatic CCJ

others will be along soon to verify is the correct court form stated above.

[MIKE770]

Re: Money claim by Lowell portfolio LTD

@

nemesis45 @Diana M xx

[charitynjw]

Re: Money claim by Lowell portfolio LTD

If you are on low income, you could be eligible for court fee remission.
https://www.gov.uk/government/public...-tribunal-fees

[Diana M]

Re: Money claim by Lowell portfolio LTD

tagging @nemesis45 @Diana M xx

I think the problem may have occurred because the member was advised to send the letter offering to pay Lowells to the court which then considered it as an admission of the claim. Hence the CCJ (forthwith not instalment Order since no I & E enclosed with the letter).

In my view the negotiation of the settlement should have been done on a Without Prejudice basis between the parties and then the Claimant would draw up a Tomlin Order based on the terms agreed which would be filed at court thus avoiding a CCJ.

In the very least this is a case of bad timing because the court was informed of the proposed offer at the same time as the Claimant (copies sent simultaneously) so the Claimant didn't need to send the letter to the court or do anything devious. In effect the OP may have shot themselves in the foot accidentally.

A Tomlin Order isn't a settlement until it's signed by both parties. Only after that should it be filed at court.

Hi @Nem this is my letter could you please see if this is ok thank you .

To Lowell portfolio 1 LTD

I am unable to attend the dates given 24th January 2017 at the county court dartford.
And will I neither be able to attend any dates in the near future. As I have mentioned in the previous letters I no longer live in the uk.

I there for would like to resolve this situation by email or by letter to my fathers address.

I would like to make an offer of £10 a month of only the original amount of the debt it's self untill it's payed in full.
This is not including court fees or any other fees that have been applied without my knowledge.

This amount is the maximum I can pay as I am unable to work due to only holding a resident visa in the current country I am living.

I would also like to request a consent tomlin order to suspend the claim as long as agreed payments are maintained and no ccjs are registered against me.

Hello Shelly,

Says it all I think!

Copy to solicitors, claimant and the county court should cover any problems with postal services.

Di

[Diana M]

Re: Money claim by Lowell portfolio LTD

well they went ahead and now you have a CCJ, they are the pits and need sorting out

I can see from an earlier post that the Notice of Allocation listed the hearing for 24th January 2017.

The Order (CCJ) is dated after that (3rd February 2017) so the hearing may have gone ahead if no one contacted the court to vacate it. That would normally be done by the party filing the Tomlin Order but since no Tomlin Order was drawn up, it didn't happen.

The Order doesn't say "upon hearing from the Claimant's solicitors" which suggests that Lowells didn't attend the hearing either so the DJ made his decision based on reading the contents of the Defendant's letter on the court file (as stated in the Order/CCJ).

Di

[Shelly85]

Re: Money claim by Lowell portfolio LTD

Ok thanks everyone
I'm still confused 😂

So do I have ccj against me.
Also what do I have to do now [MENTION=61310]diana[/MENTION] [MENTION=42011]Nem[/MENTION]
And yes I don't think I should really have to pay the court fees seeing as I had said many times I don't live in the uk to attend them it's like talking to robots 😫@charitynjw

[cashbook]

Re: Money claim by Lowell portfolio LTD

I attended court and won - same company asked them to evidence the agreement what signed what ID was provided - they replied and said could obtain from the shop i bought the phone at - replied back and said which shop what date - no response.

went to court and said i have no such account they have not verified this debt simply bought it with a view to make money cant evidence the debt no proof - judge dismissed the case

[Shelly85]

Re: Money claim by Lowell portfolio LTD

Hi at [MENTION=49370]Kati[/MENTION] revived another letter will email you now thanks x