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Lowell Portfolio. The gift that just keeps on giving.

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  • #1

    Lowell Portfolio. The gift that just keeps on giving.

    Companies like Lowells issue claims daily via the bulk processing centre. From what i see id be very surprised if they even checked their claims before submitting them to the Court. This was exactly the issue with the hearing which took place last week. Lowells issued a claim for an overdraft. They alleged that the […]


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    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.
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  • #2
    pt2537

    'They alleged that the overdraft was regulated by the 1974 Consumer Credit Act'.

    'Lowells claimed that despite their pleading the 1974 Act did not apply.'

    I think it should read,

    'They alleged that the overdraft wasn't regulated by the 1974 Consumer Credit Act'.

    Comment

    • #3
      Originally posted by echat11 View Post
      pt2537

      'They alleged that the overdraft was regulated by the 1974 Consumer Credit Act'.

      'Lowells claimed that despite their pleading the 1974 Act did not apply.'

      I think it should read,

      'They alleged that the overdraft wasn't regulated by the 1974 Consumer Credit Act'.
      surprisingly, no , it is correct, their pleading said "Agreement regulated by the Consumer Credit Act 1974" that is right, overdrafts are, contrary to popular belief, regulated, they are merely exempted from Part V of the 74 Act, the remainder applies.

      Their letters sought to run a different argument. They lost though.
      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Pt@roachpittis.co.uk .

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

      Comment

      • #4
        s74 sets out the key points. https://www.legislation.gov.uk/ukpga...part-v/enacted
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment

        • #5
          Thanks for clearing that up.

          Comment

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