lowell portfollio 1

[bluebottle]

Re: lowell portfollio 1

You are correct in you analysis of a bully. I received a letter yesterday from Hampton's. Trying every trick there is. I assume that my legal rights extend to pursuing these through the civil courts if I choose?.

The best piece of legislation to use is Section 3, Protection from Harassment Act 1997. This enables you to obtain an injunction restraining those who are harassing you from continuing you to do so and/or encouraging or procuring others to do so. If you genuinely don't owe anything and Lowells/Lewis/Hamptons have engaged in this on at least two occasions, you can apply to your local county court for an injunction. However, within 3 working days of being granted an injunction, under Section 3, you must submit a claim for anxiety suffered and financial losses incurred to the court. This will then be heard, at a later date, by a Circuit Judge, who will determine how much damages should be paid and make the injunction permanent.

I am attaching a copy of the Protection from Harassment Act 1997 and Court Form pf39ch, which you will need to apply for the injunction. If it comes to this, I would strongly advise you to seek help from your local Law Centre or a solicitor to make sure Lowells/Lewis/Hampton aren't given any breathing space. I would also point out that if Lowells/Lewis/Hamptons have an injunction for harassment made against them, this would be regarded as a serious breach of OFT Debt Collection Guidelines and their respective Consumer Credit Licences and should be reported to the OFT immediately. There is case law in the form of Ferguson -v- British Gas Trading Ltd 2009 which means a company can be held liable and proceeded against under the Protection from Harassment Act 1997 for harassment of an individual.

[stevejay]

Re: lowell portfollio 1

Many thanks.

[bluebottle]

Re: lowell portfollio 1

You're welcome. I think a lot of Lowells' victims would welcome the OFT giving Lowells one almighty smack in the head or, ultimately, stripping them of their CCA Licence. You only get away with treating people badly for so long before your past catches up with you. It's called karma or, as my belief system calls it, The Law of Balance, i.e. for every act of goodness, goodness shall be bestowed in return, but for every act of badness, justice shall be exacted.

[stevejay]

Re: lowell portfollio 1

It's past 18 day's.

[bluebottle]

Re: lowell portfollio 1

If you need the location of your local Law Centre, go to www.lawcentres.org.uk or for the Community Legal Service go to www.legalservices.gov.uk.

[Captain Haddock]

Re: lowell portfollio 1

It's past 18 day's.

How is it past 18 days when you posted on 20 July?

This issuing of SDs is the new weapon of choice for DCAs and as Teaboy says they don't have to get permission form the courts to issue one; they simply just download a form. I, too, had the smart-arse server at the door, speaking to me in a rude and offhand manner as he described what he was serving. These sheriffs are in cahoots with the legal firms who serve these demands, at least as I see it.

It's important not to ignore SDs, even if they are incorrectly set out.

[bluebottle]

Re: lowell portfollio 1

How is it past 18 days when you posted on 20 July?

This issuing of SDs is the new weapon of choice for DCAs and as Teaboy says they don't have to get permission form the courts to issue one; they simply just download a form. I, too, had the smart-arse server at the door, speaking to me in a rude and offhand manner as he described what he was serving. These sheriffs are in cahoots with the legal firms who serve these demands, at least as I see it.

It's important not to ignore SDs, even if they are incorrectly set out.

The OFT have warned DCAs about indiscriminate, improper and inappropriate use of SDs and it is in the OFT's Debt Collection Guidelines. So, they can't say they didn't know. Keep reporting the buggers to OFT Credit Fitness Team and the proverbial will hit the air-conditioning sooner rather than later.

[stevejay]

Re: lowell portfollio 1

The process server called at the end of May and there has been a considerable amount of correspondence between all parties since and I have received a recent letter from Hampton's my comments have been noted. If the original plaintiff isn't prepared to go through the courts then why the law permit these vile company's who know nothing about the history is beyond me.