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Our firm, Joanna Connolly Solicitors/JCS Law, has recently been contacted by a number of consumers who have received claim forms from the Civil National Business Centre issued by Overdales Solicitors on behalf of Lowell Portfolio I Ltd.
In the cases we have been contacted about so far, we have subsequently been instructed to assist those consumers in defending those claims.
Joanna Connolly Solicitors has a near impeccable record in assisting consumers who have been sued by Lowell and often in most cases, upon our firm being instructed, few of these cases ever actually reach a court hearing date.
Given the recent contact we have received, it is likely Lowell have issued many many other similar claims against consumers in respect of stale credit card or loan debts, as Lowell by its own admission is a bulk debt purchaser and uses the Court’s Money Claim Online process to subsequently issue claims against consumers in bulk.
Our success rate against Lowell has, to date, been down to, amongst other areas, Joanna Connolly Solicitors specialist expertise in the Consumer Credit Market, the Consumer Credit Act 1974 and associated Regulations, and as to other statutory instruments and legislation requiring Lowell as Claimant to prove legal title to the alleged debts Lowell claim to have purchased.
These are just some of the areas in which debt purchaser claims often fall down, when properly defended from the outset.
Although it is not unusual for us to be contacted by consumers who have received claim forms, or threats to sue from Lowell, it is noteworthy that it has also recently come to our attention that Lowell Portfolio I Ltd has applied to the Financial Conduct Authority to cancel its status as a company authorised by the FCA. The FCA being the body incorporated to regulate the consumer credit market and for the protection of consumers. Consumers often lose basic and vital protections in such scenarios.
Although there is no binding case law on the matter, Joanna Connolly Solicitors have successfully argued in Court, and defended consumers, on the basis unauthorised debt purchasers are not lawfully entitled to issue court proceedings or enforce credit agreements regulated by the Consumer Credit Act 1974.
The fact Lowell is in the process of seeking to cancel its FCA authorisation opens up another potential limb of a defence to consumers going forward who are sued by Lowell Portfolio I Ltd. However, it must be noted that this is a complex area of law and requires specific legal expertise and prior case knowledge, in order to properly defend a claim on this basis.
If anyone has any questions or has recently received a claim form from Lowell/Overdales, or is currently engaged in litigation with that firm, or any other firm, we always welcome contact.
As always, our initial advice is free.
In the cases we have been contacted about so far, we have subsequently been instructed to assist those consumers in defending those claims.
Joanna Connolly Solicitors has a near impeccable record in assisting consumers who have been sued by Lowell and often in most cases, upon our firm being instructed, few of these cases ever actually reach a court hearing date.
Given the recent contact we have received, it is likely Lowell have issued many many other similar claims against consumers in respect of stale credit card or loan debts, as Lowell by its own admission is a bulk debt purchaser and uses the Court’s Money Claim Online process to subsequently issue claims against consumers in bulk.
Our success rate against Lowell has, to date, been down to, amongst other areas, Joanna Connolly Solicitors specialist expertise in the Consumer Credit Market, the Consumer Credit Act 1974 and associated Regulations, and as to other statutory instruments and legislation requiring Lowell as Claimant to prove legal title to the alleged debts Lowell claim to have purchased.
These are just some of the areas in which debt purchaser claims often fall down, when properly defended from the outset.
Although it is not unusual for us to be contacted by consumers who have received claim forms, or threats to sue from Lowell, it is noteworthy that it has also recently come to our attention that Lowell Portfolio I Ltd has applied to the Financial Conduct Authority to cancel its status as a company authorised by the FCA. The FCA being the body incorporated to regulate the consumer credit market and for the protection of consumers. Consumers often lose basic and vital protections in such scenarios.
Although there is no binding case law on the matter, Joanna Connolly Solicitors have successfully argued in Court, and defended consumers, on the basis unauthorised debt purchasers are not lawfully entitled to issue court proceedings or enforce credit agreements regulated by the Consumer Credit Act 1974.
The fact Lowell is in the process of seeking to cancel its FCA authorisation opens up another potential limb of a defence to consumers going forward who are sued by Lowell Portfolio I Ltd. However, it must be noted that this is a complex area of law and requires specific legal expertise and prior case knowledge, in order to properly defend a claim on this basis.
If anyone has any questions or has recently received a claim form from Lowell/Overdales, or is currently engaged in litigation with that firm, or any other firm, we always welcome contact.
As always, our initial advice is free.