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Lowell Portfolio – Notice for Issue of Warrant of Control

fmj asked:

Hello all, I’m new to the site and have just joined after watching the brilliant Strawman documentary, and am hoping I can get some advise form the members here.

My partner has recently received a Notice for Issue of Warrant of Control with Lowell Portfolio 1 Ltd as the creditor. She has had no such contact or agreement with said creditor, has not accepted any monies owed or responded in anyway. Crucially, they have spelled her family name incorrectly on all the letters and also on the aforementioned Notice for Issue of Warrant of Control!

Am I correct in assuming that this document has no lawful standing from either a legal or common law perspective? Should we pursue the addressee unknown tactic or the three letter method, or just ignore them when dealing with this interloper?

Any advice much appreciated,

Many thanks 🙂

williams2583 replied:

Its too late for the letters as this is a court order and if you give access (dont) the bailiffs will remove goods.You need to call the court and use a N245 (i think) which asks for a reditermination so that you can pay what you can afford.You probably have a ccj already so the damage is done.

fmj replied:

Thanks for the response … Does this then mean in that case that she has to set up some sort of payment agreement?

Can we not somehow dispute the alleged money owed? She has not entered into any contract with this company? Is the fact that her family name on the documents is spelled incorrectly an issue and we can contest it based on this?

Tiggy replied:

You can try to get the Judgment set aside, but you’d need a better defence then ‘no contract’ – (the debt will have been assigned) and mistake in the surname – they’ll just correct it and the CCJ will stand. You’ll also need to explain why the original claim pack from the Court wasn’t responded to.

It costs £255 or free / reduced if on benefits or low income.

fmj replied:

Thank you for the update Tiggy, it’s appreciated.

So the problem we have is that the Notice for Issue of Warrant of Control was due on 22 March, yesterday !!!!

Unfortunately this problem has been buried for some time and has only recently come to light. I’ve been surfing around the site trying to find out the best course of action as want to get this sorted ASAP! The balance is for approx £1500, so not huge, but enough for concern.

Is it too late to apply any of the advised methods, e.g. the copyright of ones name?

Thanks all

there is also another issue that needs addressing, but I will start a separate thread on that one ….

Tiggy replied:

If you’ve got a CCJ then the 3 letters etc. will have absolutely no effect.

Either
Apply to set aside, or
Accept and apply to suspend the warrant, vary the order and offer a payment plan.

fmj replied:

Thanks again for your input Tiggy 😀

Would it be too much to ask if you could please direct me as to where I can find some info on how I can go about applying to set aside?

Thank you

Tiggy replied:

Setting aside a default judgment, you apply using Court Form N244

https://www.justice.gov.uk/courts/proce … les/part13

fmj replied:

OK, Thank you.

Is anybody familiar with a company called BW Legal? They are representing Lowell Portfolio 1 in this case. They have issued the enforcement proceedings, is there some way I can stop them from contacting me? I have a letter dated March 2016 stating Lowell Portfolio entered a CCJ in May 2014 !!! I don’t know how things have got to this state but I’m desperately trying to clear things up if possible.

Would it be in any way beneficial for me to send any of the the letters, or apply the copyright in responding to BW Legal? I believe my partner has spoken to them on the phone, but has not accepted that any monies or debt are owed to Lowell Portfolio. We think its an alleged debt they have bought from an orange phone contract from years ago, where a payment was in dispute with the phone company, but they appear to have sold it on, the snakes !!!

What powers to BW legal actually have in this instance? I want to apply to set aside and then challenge the claim, any tips on how I can go about this please friends?

williams2583 replied:

Dont you get it, the 3 letters to prove the debt are well before the action that has been taken,forget them.You have 2 courses of action 1) get the claim set aside (and you will need good reason for this) or 2) take the medicine and negotiate a payment settlement.