**DISCONTINUED!!** Jus01 v Lowell Portfolio Court Claim

[Jus01]

Yay, thank you so much for all your help and advice, especially Mike etc. I would never have done it without your calm words of wisdom. Thank you all!

[Amethyst]

It sounds like it is heading that way ( or left arm doesn't know what right foot is doing ) but they must formally discontinue and file a notice of discontinuance with the court for the court claim to be fully concluded. I'll have a read through the thread tomorrow as depending on situation it may be worth writing back asking them to file the NoD.

[Jus01]

Ah OK, I will see what happens next. Thanks

[Jus01]

Hi I emailed Lowell yesterday to ask for them to file a NOD and didn't get very far. Got told they couldn't reply unless I confirmed my e-mail address, DOB and postcode and that I could do it by registering on their website or send it back to them. I decided to go through the website and register. E-mailed back to say I'd registered and got a reply saying security checks were not completed and no further correspondence can take place. I'm giving that up as a bad job and trying the old snail mail route. Anyway what I wanted to know is do I send the letter to Lowell Portfolio to instruct their solicitor to file it or just send it straight to the solicitor?

[Amethyst]

Indeed, snail mail is always best. As that letter about cancelling the debt came from Lowell Solicitors you should respond to it TO the Solicitors. Have you checked with the court at all firstly though - they may have filed a notice of discontinuance at court and forgotten to serve it ( or it's gone astray ) - so worth checking first - also check the credit file to see if it has been updated ( although as they say it could take 6 weeks ).

Then, if the court haven't had anything either, maybe send the solicitors a letter ''Reference: Claim XXXXXX Lowell Portfolio v JUS01'' thanking them for their letter dated 28th February 2018 in which they state that their client has taken the decision to close the account, clear the outstanding balance and remove any marks from the credit reference agencies, and point out that you are yet to receive a copy of your notice of discontinuance and, having spoken with the court this morning, they have not yet received your notice of discontinuance either. You'd appreciate if they could confirm their intentions as soon as possible as you are sure they are aware the claim is currently proceeding through the court system and POSSIBLY you could say something like, as they have confirmed the account as closed, if the claim isn't discontinued you will need to inform the court of such make an application to strike out the case and will request the costs of that application be awarded against their client.

Is the letter DEFINATELY for the same account btw? it seems odd they haven't mentioned the actual court claim in it.


Actually, while you're on to the court, ask them if they receive the notice of change of solicitors from the claimant as well.

[Jus01]

Hi, the letter actually came from Lowell financial not the solicitor. It's definately the same account they've closed. I have checked the Lowell reference numbers match and the other account number they refer to in the claim also match. Also when I registered on the website it also said the account was closed and balance was £0 but it had a list of recent transactions which included all the court costs etc.
I will get onto the court and see if they have filed it and ask about the solicitor change also, I reckon they probably have though as I recieved my copy with their copy of the Dq they sent me.
I looked on Mcol and it says the last items recieved were both our DQ. The account is still showing on my credit file also but that shows the last updated 6th February.

[Amethyst]

So it is, totally misread logo, goodness knows how ... anyway yes check at court on the discontinuance and of nothing - well I'd still write to solicitors as Lowell might not have updated them and it's the solicitors who would file. I'd enclose a copy of the letter too.

[Jus01]

I have just received a letter from Lowell Solicitor saying, we are instructed to discontinue the above claim and a copy of the Notice of Discontinuance which was filed on 7th March. I think I was just getting a bit impatient as I'm just about to loose my job and last thing I wanted was to have that hanging over me as well! I can't thank you all enough for your help and advice, especially Mike and Amethyst and everyone else who offered their support. This is a fantastic site and I hope you continue to save many more sleepless nights and lost souls!

[MIKE770]

well done

[Kati]

Well done xx

[Amethyst]

Phew, glad that's all over for you xxx Congrats

[Wookiee]

This seems to be at a pretty similar stage to myself no documents received after cca request but they have sent me an already filled out mediation and directions questionnaire I already informed the court in my defence that have failed to produce relevant documents to enable to force the order so if these are not produced why do I need to even respond to the remediation? sounds like you did well and they stopped pursuing you ? Could I be on the same path?