Lowell Portfolio 1 Ltd - Letter

beamerguy

It is true that Lowell buys old debts and no doubt know many are statute barred.
In this case BWLegal got involved and issued a county court claim.??
We see the same on this forum where BWLegal appear to be clueless in what they are doing. Is it a game of chance BWLegal play .. YES, maybe it's just plain incompetence ... YES

As said in this video DO NOT ignore a county court claim 

https://www.youtube.com/watch?v=P3JCOuMPl1o&ab_channel=dobythedog

Curlyben

The Huddersfield address is merely a bulk mail operator used by a number of DCA.
Lowell aren't interested in PCNs as there isn't enough profit in it for them.
Bear in mind that the often pay pennies in the pound and as much as 20p per Pound for active accounts.

That being said, never ignore a letter form Lowell Solicitors as they have a nasty reputation for being attack dogs and filing court claims on the thinnest of "evidence". Their PoC are pitiful and fail to properly plead their case, often completely ignoring default/assignments notices.
They soon fall apart when challenged, and play a evil game of brinksmanship.

With regards Statute Barred debts, be careful as the clock starts with the Default Notice, not, as previously thought, last payment or acknowledgement.
This has been clarified with a series of cases that finished in the Supreme Court.
If you're interested have a look at Doyle v PRA Group (UK) Ltd [2019] EWCA Civ 12, quite technical, but does make it very clear how important the default notice actually is.

D_P_Dance

It is true that Lowell buys old debts and no doubt know many are statute barred.

I wonder what thee SRA think of such conduct/

Curlyben

D_P_Dance said:

It is true that Lowell buys old debts and no doubt know many are statute barred.

I wonder what thee SRA think of such conduct/

What they are doing is perfectly legit as it is up to the debtor to point out the status of the debt, not the DCA.
Just because the clock has run out and court action is barred by statute does NOT mean the debt ceases to exist (unless you are in Scotland where after 5 years it does disappear)
The DCA can ask for payments for as long as they want and even start court action, hoping for a default judgement. If the debtor ignores everything then they will get slapped hard.

This is something we need to be mindful of with PCN actions as the PPC/Legals try and use debt protocols to confuse the defendants.

D_P_Dance

What they are doing is perfectly legit as it is up to the debtor to point out the status of the debt, not the DCA.

I  was not referring to DCAs but to Lowell.  Solicitors are expected to act with honesty and integrity.  The conduct displayed here is likely, imo, to bring disrepute upon the profession.  A profession which some, (not me), hold in high esteem.

Curlyben

D_P_Dance said:

What they are doing is perfectly legit as it is up to the debtor to point out the status of the debt, not the DCA.

I  was not referring to DCAs but to Lowell.  Solicitors are expected to act with honesty and integrity.  The conduct displayed here is likely, imo, to bring disrepute upon the profession.  A profession which some, (not me), hold in high esteem.

Solicitors act in the interests of their clients.
 Even then is it still up to the Debtor to demonstrate that the solicitor is misguided and incorrect.
Yes, in an ideal world, they should point out to their clients that the action they are considering is bordering on the very edges of legality, but then they would be doing themselves out of fees, etc.
They are merely trying to safeguard their own revenue streams, without further thought to the lawfulness of their actions.
If you ask them, their default stance is they are acting on their clients request, nothing more.

D_P_Dance

Solicitors act in the interests of their clients.

They are officers of the court.  Officers of the court have legal and ethical obligations. They are tasked to participate to the best of their ability in the functioning of the judicial system to forge justice out of the application of the law and the simultaneous pursuit of the legitimate interests of all parties and the general good of society.

beamerguy

D_P_Dance said:

Solicitors act in the interests of their clients.

They are officers of the court.  Officers of the court have legal and ethical obligations. They are tasked to participate to the best of their ability in the functioning of the judicial system to forge justice out of the application of the law and the simultaneous pursuit of the legitimate interests of all parties and the general good of society.

Agreed ...... a problem we see from all the legals on here .... they look no further than the end of their nose

Justme2020

Morning,
Regarding the original letter, it was a red herring and like someone previously pointed out, the PO Box must just be a generic mass-mailing address. The letter was some form of statement from VW for servicing costs. Why this needed to be Private & Confidential is strange though. 

This has been incredibly interesting - Bargepole as always has some very useful insights. 

Thanks for the comments and discussion.

ballisticbrian

Also JD WILLIAMS shopping.