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Lowells have dropped themselves in the doo doo!


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Court action started against original creditor - harassment and breaches of DPA - re 3 accounts

 

Lowells apparently 'bought' one of the accounts about 6 months ago, but hadn't got around to contacting me.

 

There is no agreement, no default notice, no notice of assignment.

 

My reply asked for further information within 21 days. They have tried to back out without providing it, therefore application is going to court today to have them added as second defendant.

 

They may have picked on the wrong person this time. I'm hoping they're told in no uncertain terms that it's up to them to check their facts before issuing threats, and if they don't bother, then on their own heads be it.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 1 month later...

I think I now understand Lowells usual nickname on this forum.

 

Claim started against OC, who have entered a counter-claim for alleged debts including the one Lowells are chasing.

 

Lowells wouldn't play ball, so they've been added as second defendant.

 

No acknowledgement of service or defence entered, default judgement awarded, damages to be assessed. I know they got all the paperwork since I've served everything special delivery.

 

Lowells are still sending their standard threatograms, so apparently I can expect an imminent door step visit closely followed by legal action!

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Great stuff... will be following this with interest. I took legal proceedings against a DCA and we settled out of court.

 

I'm sure you will be up to speed on everything to get this far but if you need a hand with anything give me a shout.

 

VJ

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Love this!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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I fully expect that sooner or later the person with the brain cell at Lowells will notice that something out of the ordinary is going on, at which point they will apply to set aside the judgement since they didn't get the papers.

 

Since I can prove that they did, I would be tempted to fight it all the way but I think it would be far more fun to make them turn up for a hearing, then just go for all the wasted costs which the judge will order when he sees proof of delivery. Incidentally, this is not small claims, so it may prove expensive for them.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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I just SOOOO have to sub to this thread. Anything that hurts the Leeds Losers makes my day/week/month/lifetime:grin:

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Something I didn't immediately pick up is that the OC and the Leeds losers may end up in a battle between themselves since they both seem to be claiming to own the same account.

I have no interest in the outcome, since I know there's no enforceable agreement, as do the OC. It may take the Leeds losers a little longer to work that out though. I so hope they eventually go after the OC for selling them a dud.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 3 weeks later...

If they go for a set aside, am I obliged to give them notice that I will oppose it or tell them I have proof that they did receive all the paperwork or can I just turn up at the hearing and hit them with it?

 

Before the last couple of weeks I would have said no, but the judge let a barrister get away with doing that to me in an application hearing.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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If they go for the set aside, then the court will send you the details and see if you want oppose. If you do then there will have to be a hearing.

 

Once you have started proceedings, the courts act as a go between.

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go RMW!

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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