Blog - The Verdict
MSB Solicitors Liverpool
Friday, 10 April 2015 00:00

Recent success against Lowell Portfolio 1 Ltd

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We recently received last minute instructions to defend a claim brought by Lowell Portfolio 1 Ltd (Lowell’s).
The claim was based on an alleged agreement between our Client and HFC Bank Limited which was regulated by the Consumer Credit Act 1974 (CCA 1974).  The agreement was subsequently assigned to Lowell’s.
Prior to the assignment of the alleged agreement, our Client submitted a request for information pursuant to section 77 of the Consumer Credit Act 1974.  The request was accompanied by a signed cheque for the sum of £1 representing the requisite statutory fee.
Pursuant to section 77, a creditor is required to send, amongst other things, a true copy of the alleged agreement.
In this particular case, HFC refused point blank to comply with our Client’s request on the basis that the request letter was unsigned (the accompanying cheque contained our Client’s signature). 
The statutory 12 day period for compliance with the request lapsed and our Client therefore considered HFC to be in breach of section 77.
Things were left at that for some time until the HFC eventually assigned the alleged agreement to Lowell’s, who subsequently commenced legal proceedings.
Our Client submitted a defence on the basis that HFC was in breach of section 77 and that the agreement was therefore unenforceable. 
We instructed Counsel to attend the hearing of the claim in Burnley County Court and seek to have the claim dismissed for non compliance with section 77.
Lowell’s sought to have our Client’s defence struck out on the basis that the section 77 point was a bare denial supported by no valid argument.
The Judge disagreed and found that the Defence expressly raised specific issues which Lowell’s had failed to address.  The claim was dismissed.
The above claim was allocated to the Small Claims Track, however, we were able to offer affordable representation to our Client and thus ensure that justice prevailed.
In most cases we are able to offer a competitive fixed rate retainer to Client’s who wish to defend consumer credit related claims like the one above.
Alternatively, if you have had a claim issued against you and the value exceeds £10,000.00, we may be able to assist you on a no win no fee basis.
For more information, please call John McCreanney on 0151 281 9040.
Last modified on Friday, 10 April 2015 15:11

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