It seems Lowells have had an episode which has resulted in Memory Loss, and it appears to be a very severe episode too. Over the past year, Lowells via their solicitors BW legal have litigated a number of cases, some via stat demands others via proceedings. Many of those cases have ended in defeat for […]
It seems Lowells have had an episode which has resulted in Memory Loss, and it appears to be a very severe episode too.
Over the past year, Lowells via their solicitors BW legal have litigated a number of cases, some via stat demands others via proceedings. Many of those cases have ended in defeat for Lowells, either because of discontinuance or by being struck out, or by consent order.
It seems however, on the cases that have been abandoned by consent order, which provide that the case is dead and will no longer be resurrected, letters have been sent out to the defendants seeking monies from them. Ut oh, naughty naughty Lowells.
It would be very foolish for them to threaten to issue proceedings on such accounts. Arguably it would be a breach of the FCA authorisations, which they need to trade lawfully, and if they did issue proceedings it would be a serious abuse of process.
There is a further question though that people would need to consider in such circumstances, that is, what has been recorded on your credit file? If the Claim fails, should a Default be recorded? it may be arguable that any Default should be removed as to record in such circumstances may breach Principle 4 of the Data Protection Act 1998 per Grace v Blackhorse.
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It seems Lowells have had an episode which has resulted in Memory Loss, and it appears to be a very severe episode too.
Over the past year, Lowells via their solicitors BW legal have litigated a number of cases, some via stat demands others via proceedings. Many of those cases have ended in defeat for Lowells, either because of discontinuance or by being struck out, or by consent order.
It seems however, on the cases that have been abandoned by consent order, which provide that the case is dead and will no longer be resurrected, letters have been sent out to the defendants seeking monies from them. Ut oh, naughty naughty Lowells.
It would be very foolish for them to threaten to issue proceedings on such accounts. Arguably it would be a breach of the FCA authorisations, which they need to trade lawfully, and if they did issue proceedings it would be a serious abuse of process.
There is a further question though that people would need to consider in such circumstances, that is, what has been recorded on your credit file? If the Claim fails, should a Default be recorded? it may be arguable that any Default should be removed as to record in such circumstances may breach Principle 4 of the Data Protection Act 1998 per Grace v Blackhorse.
More...
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