The following is general information on Lowell Portfolio, one of the debt purchasers we frequently find ourselves fighting in court. We do not act for this company, we act for clients being sued by them.
Lowell is one of the UK’s largest credit management companies. According to Lowell’s website ‘Lowell is a group of companies that includes Lowell Portfolio 1 Ltd and Lowell Financial Ltd. Lowell Portfolio 1 Ltd take on debt from lots of different companies. Lowell Financial Ltd manage that debt on behalf of Lowell Portfolio 1 Ltd. Lowell Financial Ltd works with customers to help them find the best way to manage their debt……. ….Our business in the UK is comprised of a number of legal entities, and are in some cases authorised and supervised by regulatory bodies.’
Lowell claim that they will not issue County Court Judgments (CCJ’s) without following the proper process, although in our experience, this is not always the case. Like most debt purchasers, they claim to help you to manage your debt through affordable repayments, and to support you through the process.
In common with most debt purchasers, their real aim is to maximise their investment in the debts they purchase. To this end, they will sometimes accept repayment plans, but may require proof of your income and expenditure before agreeing terms. Be aware, however, that these plans are usually informal and can often be reviewed or revised, usually every 6 months. A repayment plan does not stop Lowell from issuing a claim. We have many clients who have had court proceedings issued against them while they are in such repayment plans.
Our view is that these companies, once they issue proceedings must show us and the courts that they have complied with the statutory requirements of the Consumer Credit Act 1974 and the Law of Property Act 1925. If they have not, then they are not legally entitled to enforce these debts. We defend all cases vigorously with a near 100% success rate.
Lowell Portfolio 1 Limited usually issue the claims against consumers in bulk using a firm of Solicitors, Lowell Solicitors Limited who are also part of the Lowell Group of companies.
If you have received a letter of claim or a County Court Claim from Lowell, or Lowell have obtained a default judgment against you, we can advise you how to proceed, or we can act for you. These claims can be defended. Our view is that these companies once they issue county court proceedings must show us and the courts that they have complied with the statutory requirements of the Consumer Credit Act 1974, the Financial Services and Markets Act 2000 (FSMA) and the Law of Property Act 1925. If they have not, then they are not legally entitled to enforce these debts. We defend all cases vigorously with a near 100% success rate.
Here are some examples from the many claims we have successfully defended against Lowell Portfolio:
Lowell Portfolio 1 Ltd v Greenwood (2021) (Blackpool County Court Successfully defended this claim which was for monies alleged to be owing under a Vanquis credit card, EE Finance plc and a catalogue company. Application made for summary judgment and /or strike out. Claimant discontinues claim against EE Finance Plc and the catalogue company prior to the hearing of the Defendants application. At the hearing the court strikes out the claim in relation to the Vanquis credit card.
Lowell Portfolio 1 Ltd v Ogundu (2020) (County Court at Manchester) – permission to appeal granted – real arguments that his obligation to the claimant was extinguished by the Prescription and Limitation (Scotland) Act 1973 and that the claimant is not entitled to enforce debt due to breach of S.78 of the Consumer Credit Act 1974 – (Claimant subsequently consented to appeal and dismissal of claim).
Lowell Portfolio 1 Ltd v R (2019) (Oxford County Court) successful appeal– although not pleaded by litigant in person in defence, claimant had not complied with s.78 CCA 1974 and no evidence that a compliant default notice was served.
Please note that County Court decisions are not binding on other judges. Each case has to be argued and defended on it’s merits.
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