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krisx

I just lost to lowells in court

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I don't know if this will be of any use for you but I have very  recently had a small claims against Lowell for the removal of my default from my credit report.

 

Forget Principles!

Right or wrong.

Due or not due. 

Pay it and move on.

Get out of there asap. 

 

Feel sick - I did and do.

 Get it settled or satisfied. (Settled paid in full. Satisfied part paid 

Do a deal and get it in writing.

 

  Unless you have £1,000+ to lose or feel lucky?

Remember it's the lottery in reverse and you have just won the..... Lowell fish in a barrel award. 

 Lies, dam lies and statistics.

 

Then there are the mobile phone companies and Lowell.  

£320 (12m -  £25pm/£6pw/ couple of pints a week?) v ?

You need a solicitor or barrister?

Costs if you lose plus theirs?

Plus six years of misery - do not go there. 

 

In reality to do it properly you need to put £3,000+ in a bank and write it off if you lose.

Appeal?

Advice - look at the downside.

 

As the Judge said why not just pay it - because I don't owe it is surprisingly not the right answer.

Remember it is a lottery and work out the odds.

 

My case: Lost.

It was quite apparent the judge had little time, knowledge of the Data Protection Act, no knowledge of the Law of Property Act 1925 ( labelled as 'archaic' and then 'technical'  and no conception of how Credit reference Agencies work. 

 

They had a barrister who he 'conferred' with and a witness statement from the Lowell Barrister.

Whatever they said was like the word of god.  

Whatever I said was taken the opposite way.

 

The judge claimed to have never sent anything by recorded delivery and the barrister..oh i agree!

 

LPA s196 (3) includes a postman delivering by hand and S196 (4) recorded delivery is therefore only optional!

If only I  had a few million spare.

 

I'm just trying to be practical Do A Deal.

 

Mediate - they will give you few option and maybe nothing - but get rid of the default - off your record not just settled or satisfied.

 

Whatever you agree to make sure you stick to it or they might be back. Once it's over it will be behind you.

 

 

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You got judge lottery

Cant ever beat that

Own thread created

 

Dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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I think you need to spend a bit of time here reading how to prepare a claim properly...your post sounds all over the place and not sure exactly what you was claiming for ?

 

Removal of a default ?  Lowell didn't place the default ...the original creditor did....why did you sue Lowell ?

 

Andy

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Does Lowell have a CCJ against you, not a default?

 

You seem to have relied upon Lowell not sending you a notice of assigment by registered post, therefore arguing Lowell is not a legitimate assignee of the debt.

 

That misleading claim is on a few Youtube videos. The LPA is clear that it's not a requirement to issue the notice using registered post.

 

Also, once a default is on your credit report from the original creditor, it will appear for six years. If the debt is purchased (Lowell), the default will show as satisfied. As per Youtube, that does not mean the debt has been paid and you no longer owe it. The purchaser, as the assignee, can take legal action to recover it.

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urm.. FmoTl twaddle me thinks followed here


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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