**WON!!** Lowell Portfolio 1 Ltd vs. sergeybubka

[sergeybubka]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Hi everyone,

I had the hearing earlier today. Fortunately, the claim was dismissed by the judge, largely due to the incorrect Ts&Cs in the Claimant's WS. I do think I may have been in trouble if the correct terms had been supplied. A couple of the arguments I tried to make in response to the lack of documents apparently aren't applicable to the small claims court.

Anyway, thanks to all of you who have given your advice, particularly [MENTION=55034]nemesis45[/MENTION], I'm truly grateful.

A couple of questions - are claimant's able to appeal the decision and are they able to bring new documents? If no, is another company able to purchase the debt and attempt to reclaim?
Also, what are the implications for my credit record?

SB

[nemesis45]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Hi everyone,

****** WON*******

I had the hearing earlier today. Fortunately, the claim was dismissed by the judge, largely due to the incorrect Ts&Cs in the Claimant's WS. I do think I may have been in trouble if the correct terms had been supplied. A couple of the arguments I tried to make in response to the lack of documents apparently aren't applicable to the small claims court.

Anyway, thanks to all of you who have given your advice, particularly @nemesis45, I'm truly grateful.

A couple of questions - are claimant's able to appeal the decision and are they able to bring new documents? If no, is another company able to purchase the debt and attempt to reclaim?
Also, what are the implications for my credit record?

SB

Hello SB,

Congratulations!! Good result.
The claim clearly has no merit I don't think it will come back in the future!

It has been known for a debt purchaser to sell a debt after they have had a claim thrown out, but this is not one of Lowell's dirty tricks.
The only possible action they could do is to appeal to you on moral grounds that "the debt was unenforceable in court but you know you really want to pay us"!
There is of course an answer to this and all I'll say is the second word is OFF!

I'd like to see the judges order when you get it please SB.

nem

[Kati]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Well done xx

[MIKE770]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Hello SB,

Congratulations!! Good result.
The claim clearly has no merit I don't think it will come back in the future!

It has been known for a debt purchaser to sell a debt after they have had a claim thrown out, but this is not one of Lowell's dirty tricks.
The only possible action they could do is to appeal to you on moral grounds that "the debt was unenforceable in court but you know you really want to pay us"!
There is of course an answer to this and all I'll say is the second word is OFF!

I'd like to see the judges order when you get it please SB.

nem

second word is OFF! Meaning = Go Forth & Come in Fifth!

[ostell]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

There is of course an answer to this and all I'll say is the second word is OFF!
nem

Or point them to that very persuasive case of Arkell v Pressdam

[MIKE770]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Or point them to that very persuasive case of Arkell v Pressdam

Oh! I Say!