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Lowell (Orange) v LifeOfRyan **SET ASIDE**

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  • Re: Lowell (Orange) v LifeOfRyan **SET ASIDE**

    It's more a breach of FCA (conc) (misleading debtors / using bullying tactics to pay / etc etc) so the FCA would be my port of call.

    However it's something I've said I'll do when I've time and got all the users permission.
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • Re: Lowell (Orange) v LifeOfRyan **SET ASIDE**

      It is Niddy but also under the remit of the SRA as BW Legal are solicitors and thus they more than anyone know they should not be sending out such threats

      Comment


      • Re: Lowell (Orange) v LifeOfRyan **SET ASIDE**

        Originally posted by pompeyfaith View Post
        It is Niddy but also under the remit of the SRA as BW Legal are solicitors and thus they more than anyone know they should not be sending out such threats
        I know this and I know how the SRA works (or doesn't in such situations)!

        Tell me what they've breached then with respect to SRA? Lol

        its the FCA you'd report this to. Trust me.

        The SRA won't do anything. What specific SRA "term" have they breached? Of course, there aren't "terms" to breach.
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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        • Re: Lowell (Orange) v LifeOfRyan **SET ASIDE**

          Originally posted by Never-In-Doubt View Post
          It's more a breach of FCA (conc) (misleading debtors / using bullying tactics to pay / etc etc) so the FCA would be my port of call.
          Originally posted by Never-In-Doubt View Post
          I know this and I know how the SRA works (or doesn't in such situations)!

          Tell me what they've breached then with respect to SRA? Lol

          its the FCA you'd report this to. Trust me.
          I was unaware that the Fundamentally Clueless Authority regulated solicitors.

          If one can shew that the letter was sent on instructions from their client, or that BW Illegal is a wholly owned subsidiary of the Lowell Group and its operations are directed by that group, then there would be a case for the Fundamentally Clueless Authority to investigate and then to ignore.

          The SRA won't do anything. What specific SRA "term" have they breached? Of course, there aren't "terms" to breach.
          Can you recall the fate of Davenport Lyons? (link)

          Of course, that is far less severe than the penalty imposed on Andrew Crossley of ACS Law (link) who has thrice been found guilty of conduct unbefitting a solicitor. The third Tribunal judgement is at http://www.solicitorstribunal.org.uk...20Crossley.pdf and is quite interesting, especially the findings at 91.30 and 91.31:

          91.30 The Respondentís actions were likely to diminish the trust which the public placed in him as a solicitor and in the legal profession. It had been incumbent upon him to deal with unrepresented members of the public in a scrupulously fair way and in particular, he should have ensured that his Letters of Claim were entirely accurate. Instead, the letters had been misleading and drafted so as to intimidate lay members of the public into paying the sum claimed regardless of whether or not they were in fact liable for the infringement alleged. The Respondentís actions had become the subject of widespread public concern. This could be gauged by reference to the letters from a number of MPs who had complained on behalf of their constituents as well as the number of complaints that the Applicant had received about the Respondent. There had been widespread coverage of the matter in the media and representations had been made to the Applicant by the consumer organisation Which? The Respondent had an obvious self interest in recovering revenue from alleged infringers and in those circumstances there was a conflict of interest between the Respondent and his clients.

          91.31 The Tribunal considered that the allegations had been substantiated against the Respondent and indeed the Respondent had admitted the allegations.

          Comment


          • Re: Lowell (Orange) v LifeOfRyan **SET ASIDE**

            The "solicitors" in question deal with debt recovery and are licensed. Most are mate.

            Im just saying in my opinion the bigger breach would be the FCA breach. The SRA won't do too much - Theyll pass it to a local firm who will get the file and then base an opinion on their own ethical stance. Not many go against "their own" - lawyers regulating lawyers doesn't instill me with much confidence.
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

            Comment


            • Re: Lowell (Orange) v LifeOfRyan **SET ASIDE**

              Just a bit concerned that they asked for the claim to be stayed and the claim was stayed. It would have been better for the judgment to be set aside and the claim to have been discontinued or withdrawn. In that way it would be over.

              Would it be in the OP's interest to ask for the claim to be withdrawn as they have not chance of success quoting 'xyz' should he ever respond to them?

              Comment


              • Re: Lowell (Orange) v LifeOfRyan **SET ASIDE**

                It is Set Aside as it says in the order of judgement, although yes in the draft it does say stayed so I can only guess the judge took it on himself to set aside as no prospect of them coming up with any proof
                Attached Files

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                • Re: Lowell (Orange) v LifeOfRyan **SET ASIDE**

                  Originally posted by julian View Post
                  Just a bit concerned that they asked for the claim to be stayed and the claim was stayed. It would have been better for the judgment to be set aside and the claim to have been discontinued or withdrawn. In that way it would be over.

                  Would it be in the OP's interest to ask for the claim to be withdrawn as they have not chance of success quoting 'xyz' should he ever respond to them?
                  That has crossed my mind and of which I have discussed with my son the OP and have no doubt we could use BW Legal letter as a bargaining tool to have this struck out at there cost, however am sitting on it for now to see what Niddy comes up with in regards to a group complaint.
                  Last edited by pompeyfaith; 12th December 2014, 03:20.

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                  • Re: Lowell (Orange) v LifeOfRyan **SET ASIDE**

                    Originally posted by pompeyfaith View Post
                    I have disgust with my son
                    Why?

                    Has he taken to reading the Daily Mail?

                    Comment


                    • Re: Lowell (Orange) v LifeOfRyan **SET ASIDE**

                      Originally posted by CleverClogs View Post
                      Why?

                      Has he taken to reading the Daily Mail?
                      Thanks have edited

                      Comment


                      • Originally posted by ATW View Post
                        Re: Court Claim from Lowell - Orange Contract

                        Here's an alternative draft for you to use or cannibalize or ignore as you see fit-


                        Without prejudice save for the set aside application.




                        Dear Sirs,


                        On the 25th March 2014 you wrote to me stating that debt is and will remain on hold until you had located documents that I had requested. I heard nothing further form you about this and therefore quite reasonable assumed that the matter remained on hold and that your search for documents was ongoing. I relied on the comments in your letter and delayed filing and serving my defence pending receipt of the documents that you were looking for.

                        Far from putting the claim on hold you have applied for a default judgment against me and this was granted on the 22nd August 2014. I intend to apply to have that judgment set aside and in my application I will exhibit a copy of your aforementioned letter to my application on which I relied to my detriment.
                        You will no doubt be aware of the recent case of Durkin v DSG Retail Ltd [2014] UKSC 21 where the Supreme Court by a unanimous decision awarded Mr Durkin damages of £8,000.00 due to his credit record being damaged as a result of the breach of duty of care by DSG Retail Ltd. They were aware that the account was in dispute but went ahead and placed a default marker on his credit file. If my credit file is damaged by your actions I reserve the right to claim damages from your client and will include such a claim in my defence and counterclaim.

                        In the circumstances I offer your client 2 options:

                        1. They consent to the default judgment being set aside and thereafter discontinue the claim brought against me with each party bearing their own costs save that your client should pay the application fee. I will agree in such circumstances to not pursue a claim for damaging my credit record by entering a judgment against me in circumstances which clearly misled me.
                        2. They consent to set aside the judgment entered against me. I will thereafter file and serve a defence and counterclaim which will include a claim for damage to my credit record and the matter can proceed to trial to be determined on its merits. Each party should bear their own costs of such an application save that your client should pay the court fee.

                        Time is clearly of the essence with my application and I will therefore have to make an application by the 16th September at the latest. I reserve the right to refer to the contents of this letter if such an application is made.
                        Wow this is just wow, definitely using some of this content for my case lol.

                        Comment


                        • Originally posted by donchain View Post

                          Wow this is just wow, definitely using some of this content for my case lol.

                          Do you have a CCJ (Default Judgment) which needs to be set aside?

                          Di
                          Legal Disclaimer

                          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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