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Lowell portfolio

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  • Lowell portfolio

    Hi I was taken to court in February 2014 by Lowell over a debt I do not or ever did own, I informed Lowell and there solicitor BW Legal in January that I do not accept the debt and as such the debt was in dispute.
    Now I know they should of stopped harassing me for payment and investigate the debt to prove if the debt was mine yet they still took me to court over the debt.
    Prior to the court date I did my research and asked both Lowell and BW Legal for evidence that the debt was mine including original contract signed and proof that they own the debt. I sent in a CPR 30.14 request and to this day 6 months later no reply to any letters or emails by both Lowell or BW Legal (They even failed to go to court or respond to court in respect of there claim against myself).
    My problem is that having checked my credit file I have found Lowell have placed 2 Defaults on the account in my name even though they obviously have no proof that the debt was mine hence taking me to court and failing to attend or provide evidence about the debt ownership.
    The first default was placed in 2009 and a second default placed feb 2014 at the same time as the county court dates, How can I get these removed as Lowell just keep saying they will look into it yet every month they keep updating the file to say none payment.
    Any help would be great as this company should not be able to operate like this as in my case refusing to acknowledge my CPR and all letters and emails prior to court hearing date is a breach of there licence as a debt collection company yet my complaints to them and governing body get me nowhere.
    Tags: None

  • #2
    Re: Lowell portfolio

    Was the court case thrown out?? What was the end result??

    Have you appealed the defaults?? You could maybe contact Experian (or whoever shows the defaults on your file) and tell them you are certain they shouldn't be there. Explain that Lowells are meant to be 'looking into it' but it seems nothing is being done - They might contact Lowells on your behalf and get things moving ....

    There are two reasons you can get a default removed
    a. because its invalid
    b. because you never received the letter saying they were going to default you. So if you didn't receive the default notification, you could write and ask them to prove they sent one etc and then try to get them to remove the default notice.

    otherwise it will drop off 6 years from the date of the default.
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Re: Lowell portfolio

      Originally posted by Kati View Post
      Was the court case thrown out?? What was the end result??

      Have you appealed the defaults?? You could maybe contact Experian (or whoever shows the defaults on your file) and tell them you are certain they shouldn't be there. Explain that Lowells are meant to be 'looking into it' but it seems nothing is being done - They might contact Lowells on your behalf and get things moving ....

      There are two reasons you can get a default removed
      a. because its invalid
      b. because you never received the letter saying they were going to default you. So if you didn't receive the default notification, you could write and ask them to prove they sent one etc and then try to get them to remove the default notice.

      otherwise it will drop off 6 years from the date of the default.

      Lowell and BW Legal just never turned up to court / never responded to court or my self and its just sat in limbo although the court has informed me that they would need very good reasons in order to start the case against me again.
      I feel that they do not have any evidence or paperwork I requested as if they could prove the debt was mine they would have turned up to court.
      As for the 2 defaults against myself by Lowell they should not have placed 2 on the same debt nore should they be updating my file monthly with no proof the debt is mine.
      I have disputed this with Lowell and the credit reference company I used but 3 weeks on and it is still there and has caused myself to be refused credit .

      Comment


      • #4
        Re: Lowell portfolio

        I think you need to push for it to be sorted out!! :tinysmile_hmm_t2: could you maybe add a NOC to the defaults in the meantime saying they are being appealed?? http://www.experian.co.uk/consumer/faq/AR5.html

        I'm sure there will be people here on LB who can advise you on your next steps :tinysmile_twink_t2:

        Kati x
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #5
          Re: Lowell portfolio

          This sounds all too familiar.

          It is not unusual for Lowell to act in this way, they probably hoped you would not contend the court claim.

          The same thing exactly happened to me in early 2013, I am still trying to get this resolved, but I have to say I am nearly there.

          Be prepared for a long haul to get it resolved because Lowell will drag their feet at every possible turn.

          Comment

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