Lowell Portfolio I Ltd v dasher13

[nemesis45]

Re: Lowell Portfolio I Ltd v dasher13

Hello all.

On Friday I was contacted by Lowell Solicitors to say they (well Lowell) were accepting my drop hands offer which I made ten days ago for both of us to walk away and bear our own costs with both claim and counterclaim discontinued.

They sent through a Consent Order which actually asked the Judge to rubber stamp both claim and counterclaim being dismissed not just discontinued. We both signed it and emailed it to the court but as it was mid-afternoon Friday I didn't get any confirmation on the day that everything was ok with it.

So attended court this morning and the Consent Order was accepted by the Judge and claim and counterclaim were dismissed.

Just wanted to say a huge thank you to everyone who has helped me with this. Could never have got to this point without you all and am just so very, very grateful. I also want to say a special thank you to R0b, charity and Di who have been brilliant.

Not sure what happens now really and whether I'll have to re-live this all over again in the future but for now relieved!

Thanks again!!

dasher

Well done Dasher!!

:cancan: nem

[charitynjw]

Re: Lowell Portfolio I Ltd v dasher13

Nice one, dasher.

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Well done Dasher!!

:cancan: nem

Thanks nem and thank you for all of your help too.

[Diana M]

Re: Lowell Portfolio I Ltd v dasher13

My suggestion of MP was based around precedents rather than any CC decisions, and there's clearly arguments to both sides of the story but lets not detract too much from the thread

Or we could start a discussion thread on this topic in The Lamp Post zone?

I feel as strongly as you about the way debt purchasers issue proceedings on unenforceable debts but due to my 'day job' I can't always speak my mind publicly.

But you can

Di

[charitynjw]

Re: Lowell Portfolio I Ltd v dasher13

Or we could start a discussion thread on this topic in The Lamp Post zone?

I feel as strongly as you about the way debt purchasers issue proceedings on unenforceable debts but due to my 'day job' I can't always speak my mind publicly.

But you can

Di

Good morning, Di.

Count me in for the discussion.

[R0b]

Re: Lowell Portfolio I Ltd v dasher13

Or we could start a discussion thread on this topic in The Lamp Post zone?

I feel as strongly as you about the way debt purchasers issue proceedings on unenforceable debts but due to my 'day job' I can't always speak my mind publicly.

But you can

Di

I will kick start something off towards the end of the week perhaps and then go from there

[ADDLED]

Re: Lowell Portfolio I Ltd v dasher13

Hello all.... counterclaim were dismissed. dasher

Well done fella! And it happened on my birthday too - twice as sweet!

[Windsock]

Re: Lowell Portfolio I Ltd v dasher13

Sorry to bump this thread but I've followed it with great interest, particularly the discussion between @Diana M @R0b and @charitynjw about the approach of counterclaiming.

I see there was talk of continuing this discussion in the Lamp Post zone but can't find anything (apologies if I've missed it).

I'm only asking because I want to add a suggestion about a potential basis for damages in the counterclaim arising from the principles established in Ferguson v British Gas [2009] EWCA Civ 46 vis-a-vis the Protection from Harassment Act 1997.

I've long felt that Ferguson is an untapped source of armoury for those taking on on debt collectors, and would be interested in a discussion on potentially combining it with R0b's interesting tactic of counterclaiming.

[R0b]

Re: Lowell Portfolio I Ltd v dasher13

Hello, sorry I have been somewhat lazy on this but also not had the time to fully sit down and kickstart a proper thread.

You make an interesting point, the question is whether the pursuance of a claim which is believed to be enforceable, despite the lack of evidence to prove otherwise would amount to harassment. For myself, I am not so sure right now but I suppose it would depend on the facts of the case and how it arose.

I'll add this to my list to make sure I post something up in the Lamp Post Zone by the end of the week.

[Windsock]

Re: Lowell Portfolio I Ltd v dasher13

Hello, sorry I have been somewhat lazy on this but also not had the time to fully sit down and kickstart a proper thread.

You make an interesting point, the question is whether the pursuance of a claim which is believed to be enforceable, despite the lack of evidence to prove otherwise would amount to harassment. For myself, I am not so sure right now but I suppose it would depend on the facts of the case and how it arose.

I'll add this to my list to make sure I post something up in the Lamp Post Zone by the end of the week.

Many thanks for your reply @R0b.

The current case law doesn't make it clear if the enforceability of a debt is a possible defence to an allegation of harassment, but I'm of the opinion that that it's not - the principle being that we don't live in a society where 'X' taking the law into his own hands is countenanced by the belief (however honestly held it may be) that 'Y' has wronged him.

Someone sent me these Particulars of Claim, apparently drafted by a barrister, for damages against Lowell for harassment. I've no idea of the outcome but it's well worth reading.