Protection from Harrassment win against Lowells

[SpringerSpaniel]

I brought a succesful claim against Lowells under the Protection from Harrassment Act, I was able to get an interim ex-parte injunction immediately to the volume of nuisance calls, and an Unless Order requiring them to go through proper process or drop their claim.

[Caspar]

Re: Protection from Harrassment win against Lowells

Excellent result - well done you!

[SpringerSpaniel]

Re: Protection from Harrassment win against Lowells

There is a useful guide to behaviour considered to constitute harrassment by creditors on the National Debt Helpline site. Many common behaviours by DCAs infringe this.

You can claim / counterclaim / threaten claim for Harrassment against them and they will quite often drop your case, as you can claim compensation for the harrassment as well as an injunction stopping it.

If you are on benefits you can claim exemption from court fees by completing a form EX160.

It is useful to copy any court order or other relevant paperwork to the OFT.

[Animal]

Re: Protection from Harrassment win against Lowells

Any chance you could post your POC (removing any personal details) or explain more details of your case.

How do you go about seeking an injunction?

[Crispybacon]

Re: Protection from Harrassment win against Lowells

Hi Springerspaniel

I would be REALLY interested (as would many others I'm sure!) to see the details of the judgement (personal info removed of course) and also the process you went through and particulars of claim etc.

I am also coming up against Lowells but think this could be used against a couple of other DCA's I'm batting against.

A big congratulations too!!! Its great to hit back a little against the nasty practises these firms seem to use with impunity and no regards for OFT guidelines.

Best

Crispy

[SpringerSpaniel]

Re: Protection from Harrassment win against Lowells

This is the link I refered to before:

http://www.nationaldebtline.co.uk/en...=03_harassment

Readers will see many activities commonly used are regarded as harrassment.

Depending on the severity of the harrassment, either a letter before action threatening a claim under this Act can be sent, or you can apply to the court Without Notice (ex Parte) for an injunction restraining harrassment (I will try to post a pro-forma which can be used for this).

Against Lovells, I obtained:

i) an ex-parte injunction restraining harrassment and requiring that the only form of contact allowed by them was in writing to my appointed legal representatives;

and ii) an Unless Order, requiring that unless they issued proceedings in the county court for any amount they thought they were properly entitled to claim within the next 14 days, they were NEVER TO CONTACT ME AGAIN ! :beagle:

They did not issue any proceedings and came rapidly to an out of court settlement. The judge asked me if I was sure I wanted to settle, but I just wanted them off my back and to stop alleging I owed money. They voluntarily offered to remove any credit blacklisting linked to their activities.

[SpringerSpaniel]

Re: Protection from Harrassment win against Lowells

The paperwork from this is in storage at the moment, but I should be able to post a pro-forma for an injunction application re harrassment within the next few days. Any counter-claim has a deterrent effect on DCAs as there is a risk they may have to pay you, and it lowers their standing with the OFT, with whom they have to be licensed.

Even if you actually owe money, and it's actually to them (and often neither of these can be proved satisfactorily), they are still not legally allowed to harrass or threaten you.

It is always worth checking that the agency or company is licensed with the OFT as is statutorily required. If they are not, they are committing an offence for which the OFT can prosecute.

[Nibbler]

Re: Protection from Harrassment win against Lowells

The paperwork from this is in storage at the moment, but I should be able to post a pro-forma for an injunction application re harrassment within the next few days.

I await with interest.

[CleverClogs]

Re: Protection from Harrassment win against Lowells