Checking a county court claim form is real

[fidelandche]

Re: Checking a county court claim form is real

Is that correct? As my wife has not had any letters from Lowell Portfolio 1 LTD, just from Lowell financial only in regards to this and nothing has been mentioned about Lowell Portfolio being the legal team, the legal ream acting on their behalf is BW Legal with a different address based in Leeds

[MIKE770]

Re: Checking a county court claim form is real

lowells portfolio would own the debt (purchased no doubt), lowells solicitors are the new in house arm who may of farmed a case out to BW Legal?

[fidelandche]

Re: Checking a county court claim form is real

Lowells financial own the debt and they are the ones who have started the court proceedings with BW Legal acting on their behalf. Lowells Porfolio 1LTd are named as the claimant and not Lowells financial, the CCA request was sent to Lowell Portfolio as they are named as the claimant, but Lowells Financial responded to the request.

[MIKE770]

Re: Checking a county court claim form is real

next desk same company - same group - you need to concentrate on any case you have with them

[charitynjw]

Re: Checking a county court claim form is real

Hi fidelandche

According to your previous posts, per the court claim, BW was the nominated legal rep.
Although Lowells do have an inhouse legal arm (Lowell Solicitors), they are free to instruct other solicitors as well.
Lowells would need to apply to court if they wanted to change their nominated legal rep, & you would be notified accordingly.

Lowell Portfolio 1 Ltd is part of the Lowell group, & they buy debts in bulk. (Usually referred to as portfolios).
Lowell Financial, I believe, is the debt collection arm.
Once they buy the debt, they replace the original creditor for the purposes of the CCA, & gain the right to sue for it.
However, to sue in their own name, it is a legal requirement that you have been officially notified of the sale. (Usually via the debt seller or the debt purchaser......sometimes both).
Hence the need for a Notice of Assignment.
There isn't an official form for this; the requirement is simply that the sale has been brought to your attention in writing.

[fidelandche]

Re: Checking a county court claim form is real

Ok,

I fully understand that Lowells financial and Lowells Portfolio are the same company, but that was not really what I was asking. So perhaps I didn't make my questions clear. So if I ask my questions again that will make it clearer to be answered.

1. As Lowells Financial are the one that bought the debt and Lowells Portfolio are the claimant, so this could be confusing, can this be used as evidence for my wife? IE - unsure of who the claimant is?

2. As mentioned in post 74, Lowells have responded to the request for CCA by saying that they have noted that this is the second request and they have passed this onto BW legal to deal with and they (Lowells) have not sent any paperwork, so is this more evidence my wife can use to build her case?

3.As in post 73, my wife does not have an income (see the post for more details) and has not had any income for 20yrs apart from mine, how would this work in mediation? Or if she wanted to continue fighting the claim? IE making any payments as the claim is in her name only.

[charitynjw]

Re: Checking a county court claim form is real

Ok,

I fully understand that Lowells financial and Lowells Portfolio are the same company, but that was not really what I was asking. So perhaps I didn't make my questions clear. So if I ask my questions again that will make it clearer to be answered.

1. As Lowells Financial are the one that bought the debt and Lowells Portfolio are the claimant, so this could be confusing, can this be used as evidence for my wife? IE - unsure of who the claimant is?

2. As mentioned in post 74, Lowells have responded to the request for CCA by saying that they have noted that this is the second request and they have passed this onto BW legal to deal with and they (Lowells) have not sent any paperwork, so is this more evidence my wife can use to build her case?

3.As in post 73, my wife does not have an income (see the post for more details) and has not had any income for 20yrs apart from mine, how would this work in mediation? Or if she wanted to continue fighting the claim? IE making any payments as the claim is in her name only.

1/ Are you sure? What is the exact wording of the Particulars of Claim? (Personal identifiers removed).

2/ They cannot enforce the claim without producing compliant documentation. It is the Claimants responsibility to comply; whatever arrangements they may have with anyone else is their problem, not yours.

3/ As you have atm chosen to defend in full, you do not have to disclose I&E details.
Personally I wouldn't. (In my view it would be an indication of weakness or a lack of confidence. They may then decide to go for the jugular).

[fidelandche]

Re: Checking a county court claim form is real

I am sure as the letter that came the other day clearly states that it was from Lowell Financial and the claim form states at the top that the claimant is Lowell Portfolio 1 LTD. Any letters prior to the claim form being sent were from Lowell Financial and not from Lowell Portfolio 1 LTD.

So as Lowell Financial have sent the request for the CCA to be BW Legal and not responded to the request, that will go in favour for my wife?

Particulars of claim,

The claimants claim is for the sum of ..... being monies due from the defendant to the claimant under a home shopping agreement regulated by the consumer credit act 1974 between the defendant and shop direct finance company limited under account reference ......... and assigned to the claimant on ------ notice of which has been given to the defendant.

The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of .....% per annum (a daily rate of £.... from the date of assignment to .... being an amount of £......

The claim form states at the top

Claimant

Lowell Portfolio 1 LTD
Ellington House
9 Savannah way
Leeds

The letter which came yesterday was from

Lowell Financial
PO Box 1411
Northampton

This letter stated that we notice this is a duplicate request and you have sent in two amounts of the £1.00 fee (so they know I have sent a request for the CCA but have not responded) The letter also states .. We are in receipt of your request for information under section 77-79 of the consumer credit act 1974, we write to advise that your account is currently being managed by our outsource team BW Legal, we have forwarded your request to them to deal with accordingly.

So when in mediation I don't mention her lack of income? Not sure on what to say in mediation to get a good result if we decide not to fight. Still not sure if it is worth fighting, but based on the information on this post, is it worth fighting? It appears as though they are not going to respond to the CCA request.

[MIKE770]

Re: Checking a county court claim form is real

M=If mediation - they will ask if you have the necessary paperwork? no CCA1974 you would answer NO! They would then state no Mediation and pass the case back top the court system, the same as the rest of us, then await the next instructions from the court system (Not Lowells) whohope you make a mistake/

They try it on all the time hoping you cave in BUT of course you are not going to are you?? these bottom line feeders of threats. bread other Lowells court cases threads get to know how they operate. at this stage tick with it!

[fidelandche]

Re: Checking a county court claim form is real

Ok, so spoke to Mediation today and informed them that my wife does not have the necessary paperwork and based on this will not be making an offer. So they have said it will now go back to the courts to be allocated.

So what next?? I know my wife has to wait for the court date to come through before a letter can be sent off to say that she will not be attending and will submit written evidence for the case to be decided, so I guess until that comes through, there is nothing else that can be done?

What happens if they send paperwork through in regards to the CCA request?

Is it 12 working days from when the request was sent for them to respond to?

[charitynjw]

Re: Checking a county court claim form is real

Working days.
Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569)
http://origin-www.legislation.gov.uk...9831569_en.pdf

[nemesis45]

Re: Checking a county court claim form is real

Hi fidelandche

According to your previous posts, per the court claim, BW was the nominated legal rep.
Although Lowells do have an inhouse legal arm (Lowell Solicitors), they are free to instruct other solicitors as well.
Lowells would need to apply to court if they wanted to change their nominated legal rep, & you would be notified accordingly.

Lowell Portfolio 1 Ltd is part of the Lowell group, & they buy debts in bulk. (Usually referred to as portfolios).
Lowell Financial, I believe, is the debt collection arm.
Once they buy the debt, they replace the original creditor for the purposes of the CCA, & gain the right to sue for it.
However, to sue in their own name, it is a legal requirement that you have been officially notified of the sale. (Usually via the debt seller or the debt purchaser......sometimes both).
Hence the need for a Notice of Assignment.
There isn't an official form for this; the requirement is simply that the sale has been brought to your attention in writing.

Lowell Solicitor have offices in Northampton apparently which seems to be no more than a mailing centre claim seem then to be dealt with by Lowell's Leeds office.

[MIKE770]

Re: Checking a county court claim form is real

lowells leeds office contain their solicitor it seems.

[nemesis45]

Re: Checking a county court claim form is real

lowells leeds office contain their solicitor it seems.

PO Box 1419
Northampton.

nem

[MIKE770]

Re: Checking a county court claim form is real

seems to be no more than a mailing centre claim seem then to be dealt with by Lowell's Leeds office.



lowells leeds office contain their solicitor it seems.