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Lowell Portfolio (Barclays) have issued a County Court Claim....help!


classylady18
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Still think that Lowells bought the obligations as well as the rights, though.

 

Consumer Protection against Unfair Trading Practices Regs 2008

 

Lowell's certainly seem to have gained an unfair advantage.

 

But hey, it gets them out of your hair, which is good.

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Protection from Unfair Trading Regulations 2008

Misleading actions:

 

5.—(2) A commercial practice satisfies the conditions of this paragraph—

(a) if it contains false information and is therefore untruthful in relation

to any of the matters in paragraph (4) or if it or its overall presentation

in any way deceives or is likely to deceive the average consumer in relation

to any of the matters in that paragraph, even if the information is factually correct; and

(b) it causes or is likely to cause the average consumer to take a transactional

decision he would not have taken otherwise.

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Check out this thread-

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/154924-protection-unfair-trading-regulations.html

 

Barclay's/Lowell's practices have certainly caused CL to take a transactional decision that she wouldn't otherwise have taken.

 

(ie: agree (under duress) to pay a fake debt that she and Barclays are well aware is not due.)

Edited by noomill060
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Yes i do already have a default on my credit report, this has a note next to it explaining what it was for and the circumstances which led to it.

 

I agree it does have an affect on my ability to obtain credit but my mortgage company is already aware of the default (this is the only credit i would be needing) They have no problems with me remortgaging with them whilst having a defualt but they will not lend if i have a CCJ. so this is the reason really why i did not want a CCJ.

My partner and I are planning to buy a house together so i need to make sure i dont have a CCJ.

 

Once the debt is being paid off i can put a note onto my file to say that it is being paid off and Lowells 'should' inform the CRA's that i am settling the debt. So this will be seen by potential lenders.

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I think noomill has a point about Lowells laibility. I have done some work in the past in selling bits of companies. As part of that, I have been invoilved in assigning contracts to oter comapnies and, in that case, they certainly get any liabilities as well as any benfits.

 

Even if that were true in this case, CL would still have to find £100 to counterclaim against Lowells and the counterclaim would still be stayed.

 

 

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Hello im back again! :D

 

Have had a draft consent order sent through by email from Lowells / Hampton Legal - they have asked me to review it and if agree with it need to email him and they will send the hard copy out.

 

Can you take a look and let me know if it looks in order - i think it looks fine....

 

ill post when i get home in an hour!

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IN THE NORTHAMPTON COUNTY COURT BULK CENTRE [/font]

 

B E T W E E N

 

LOWELL PORTFOLIO I LTD

MISS xxxxxxxxxxxxxxxx

 

 

CONSENT ORDER

 

 

the Parties having agreed to the terms set out in the Order and Schedule below

 

BY CONSENT

 

 

IT IS ORDERED

 

All further proceedings in this action be stayed on the terms set out in the Schedule hereto save that Lowell Portfolio I Ltd be at liberty without further Order to enter default judgment on its claim against the Defendant including interest and fixed costs if the Defendant shall fail to comply with the payment terms set out in that Schedule.

 

There be no order as to costs.

 

The parties have agreed that the Defendant do pay to the Claimant £2,593.86 inclusive of interest and legal costs in settlement of this claim as outlined below, failing which the Claimant be at liberty to enter judgment for the full balance outstanding for payment in this action at the time of any default by the Defendant

 

59 monthly Instalments of £43.24 and one instalment of £42.70 to be paid to the claimant by Direct Debit.

 

The first payment to reach the claimant by 28 September 2008.

 

 

Dated this 12th day of August 2008[/font]

 

We hereby consent/agree to the I hereby consent/agree to the above Order and Schedule Order and Schedule

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