Lowell Portfolio

[maowywaowy]

Hi,

 

I started to receive letter from Lowell Portfolio last year about an old debt. I called the number on the letter to discuss repayments, but what they were asking for was well out of my means. I offered half of what they asked for but the kept refusing to accept my offer. This then lead to Lowell threatening to take me to court, which i wrote to them saying that I can't pay more than i offered and it will have to go to court then. I received a letter from the court last week saying a must pay the full amount to Lowell! but how can they do this??? i can't afford to pay the total sum, and now i am worried about balliffs coming and taking things to recover the debt.

 

Can anyone offer advice please on whether i have any options left, or do i just stuggle and try and meet the installments that lowell are requesting?

 

thanks

[berrylover]

Is the letter definitely from the court? Can you scan it up (obviously removing identifying details)?

[mr.ton]

Oh not Lowells again

Have a good read around this section at the other threads about Lowells & you will see that you simply have nothing to worry about with them

[maowywaowy]

I can't scan until tomorrow when i'm back at work, but the letter is from the county courts and it does say i need to pay the amount owed to Lowell. Can i dispute this still?

 

thanks for the quick replies

[letsmakeamark]

For your information this is the person you need to complain to is :

 

Stephen hunter

Lowell group

Enterprise house

1 apex view

Leeds

Ls11 9bh

Edited August 11, 2008 by letsmakeamark

[Freewilling]

A court should net be getting involved if there has been no hearing. during which they would have to determine how you can comfortably pay. They would not send you a letter asking you to make payment in full.

[KER]

If it's from the courts then surely it will have a case number? Ring up the court and find out when judgment was entered, how come you were not notified etc etc.

 

(and surely if it's from Lowell and not from the court that contravenes possibly every guideline in the book and serious complaints can be lodged about Lowells?)

[maowywaowy]

i've just got off the phone to the court and apparently the judge past judgement on this and said i had no grounds to dispte the debt.

[ODC]

If you were not informed anout the Court Case then you can apply to have the judgement set aside on those grounds alone.

[KER]

i've just got off the phone to the court and apparently the judge past judgement on this and said i had no grounds to dispte the debt.

 

The court would have sent a pack to you which you should have filled in and returned either admitting or filing a defence. Do you ever recall seeing something like this? (had you perhaps not been opening your post in case it was a nasty letter?)

[maowywaowy]

sorry, i did fill a form in disputing the claim, but the next letter i received was the one saying i must pay.

[ODC]

Did you return this form to the Court or the Leeds Losers

[maowywaowy]

i returned this to the courts as it asked me too.

[letsmakeamark]

Did you agree or did you enter a defence ?

[StatuteBarred]

What was the court in question? Your local county court? And it was definitely from the court and not from "Hampton Legal" or any other division of Lowells?

[maowywaowy]

hi, sorry it's been a while since i last updated. i sent a letter asking for lowell to provide copy's of the paper work as advised. i did receive a letter saying they are searching for it. this was followed by another letter a week later saying i could settle the debt now for the sum shown, but it was blank! confussing. a month has nw passed since i asked for a copy of my papers, so any ideas where i stand now, and what i should do????

 

thanks

[ODC]

You dont need to do anything. Lowells are the so called professionals and should therefore be aware of their LEGAL responsibilities.

 

You will get two shortdated letters offering you a 60% discount before they admit defeat or produce a totally Unenforceable piece of paper

[maowywaowy]

right so i shouldn't get in touch asking about them stopping the dispute then. The only other thing is that they have tried to put through a charge against my house, with the hearing next month. do you think this will be canceled now?

[letsmakeamark]

If there is a hearing go along and explain to the judge. However you have not answered the question . Is the paperwork original court or just hamptons ?

[ODC]

You seem a tad confused here. They can only get a charging order if there has been a CCJ awarded against you and you did not comply with the directions of the CCJ. Has a CCJ been issued

[maowywaowy]

i received a letter from the court saying lowell were claiming against the debt. i didnt receive a court date, just another letter from the court saying the court had ruled in lowells favor. i then received a letter from lowell or hamiltons stating they will be putting a claim in against my house. i then did the letter like suggested, and that is where i am. am i screwed because the judge has ruled in their favor even though they still havnt proved that they own the debt????

[gravitas]

Sounds to me as though you filed a defence but did not get it in, in time, Lowell have then requested Judgment in Default and have been awarded it, hence there being no directions from the CCJ to comply with as no instalment order etc will have been ordered.

 

From there they have tried to enforce the CCJ by way of a charging order and by the sound it of it have got an interim charging order and a hearing next month to make it final?

 

You wont be able to set the Judgment aside on the grounds of not receiving the paperwork because it sounds as though you have and I wouldn't risk it given that you have sent some paperwork back and you wouldnt want that produced at the hearing as it would completely undermine that cause of action.

 

Who is the original creditor and how much do you owe? I know from previous experience of viewing these forums that Lowell are particularly bad at providing info for certain creditors and im also wondering about a bank charges dipsute?

 

Cheers

[gravitas]

Anymore news?

[maowywaowy]

im going to try and get it set aside i think, and then hopefully attend the hearing and put forward my case. is there a minimum amount the charge has to be?

[letsmakeamark]

If the defence was recieved late then the op would have had a reply from the court enclosing the defence etc. however it could also be that the letter refusing never arrived.