Lowell Portfolio

[gravitas]

who is it that you owed the money to, I think some organisations are worse than others

[mr.ton]

Are you certain that it was a court that contacted you & not just Lowells playing silly fools

Never put it past a DCA to even pretend to be a court - desperate people will try desperate tactics.

Reading this thread...it all sounds very unprofessional/veryunofficial to me, which is not like a court whatsoever.

You would have so many rights with a court that it just sounds a bit fishy them telling you to simply pay up like that.

[gravitas]

I wondered that as well but if they have rung up the court and they have confirmed there is a judgment it cant be that.

 

Did the correspondance come straight from the court? dont most DCA's use the Northampton bulk centre as well, did it come from there?

[dannyboy660]

How about considering an Administration Order??

 

Judgments

 

Make the application on the grounds Lowell have a judgement.

Inform the Court you don't have all the details because although you have the correspondence from Lowell (produce letters) and a 'phone call to the court confirmed there is a judgement, nothing has ever been explained to you about the case.

 

It will give you an opportunity to clear all your debts, providing you meet the criteria, and even if you don't an application to the Court will put a stop to Lowells [problem] and may even drop them right in it.

 

Give it some thought.

[maowywaowy]

right i've just got back from court now, and lowells have managed to get a charge put against my house down to the fact they had the ccj.

 

in the hearing i told the judge i will be disputing the charge and hoping to get it put aside which would also remove the charge.

 

the advice i need now is that should i pay the £75 to try and get the ccj set aside on the grounds that lowell have never shown paperwork to prove they own the debt even though i have requested it over 2 months ago. im not disputing i owe the money to hsbc just the fact that lowell dont own it. does anyone think i could be successful in getting it overturned??

[spamheed]

Because they already have a CCJ then the judge attending on the Charging Order would be of the opinion that the debt is already proven.

 

I don't understand how this has reached this late stage without you having been furnished with all of the information and I think a Judge would also consider this strange.

 

How old is the debt, is there any possibility of it being statute barred

How much equity is there in the property?

is the property sole or jointly owned?

Do you have any other creditors who would have a vested interest?

[DCA-KING]

Ok whats the £75 for you can get a form from the courts if you cant afford to pay for the cost of cort fees

Next call the courts give them the case number and ask can you have a copy of the case where lowells where awarded judgement then scan and post docs on here

theres a few points we need answers to first and you must be honest

 

1)Did you recieve a letter from lowells telling you they taking you to court?

2) Did you have a defence pack sent from the court and did you send it back in time?

3) Did the courts write to you with the date of a hearing or did you tick the box stating you will not be attending?

4) who is the debt to?

5) did you tell the court that loweels have failed by law to provide you with document evidence that the debt is owed?

Thats why you need a copy of the court files so that we can go through it and see what eveidence lowell showed the judge then we can look at getting it set aside

Reason i ask to be honest is a lot of us offered advice to someone before only at the last minute the stated that the filled out court papers admitting it and that they didnt want to attend

was a real waste of my time as i could have been helping someone else

Regards DK

[maowywaowy]

Ive just rang the court to request copies of the documents but they say i need to put it in writting first. any ideas on what documents i need to requested?

[DCA-KING]

Copys of the full hearing andany evidence tell the court that you think they supplied wrong info

Regards DK