Burton / CL Finance / Lowell - Double defaults

[dallasg]

Hello. I'm new to this forum as a poster, but have been reading particular cases and have had some great success over the past couple of months which I'd like to thank you all for.

 

Today I'm hoping somebody with a lot more expertise in matters relating to CCJ/Defaults and other legal papers might be able to help me achieve a double whammy in this case.

 

The timeline of the entire case is below, and have provided as much detail to the case that I think might be relevant.

 

What i'm hoping is that the court order, and the discontinuance of the claim, might mean that I have some angle I could use to send to the Lowell group. I have already sent them a full payment proposal if they agree to remove the default. But, if they don't accept this, I want to know if the legal proceedings already had with the previous debt owner might be used to push them to remove the remaining default notice.

 

Thanks in advance!

 

---

 

Timeline of events:

 

- April 2008 - Took an employee store card at Topman.

- September 2008 - Left home to Bangladesh for 6 months.

- March 2009 - Returned home.

- September 2009 - Left home for University.

- May 2009 - GE Capital who operated store card became incorporated under Santander.

- November 2009 - Default notice issued November 2009, about a 'B&Q Account Card'.

- January 2010 - Debt assigned to CL Finance Ltd.

- March 2010 - CCJ issued.

- September 2010 - Debt sold to Lowell Financial.

 

- July 2011, CL Finance found my address and sent all papers. This is when I was made aware of the previous proceedings. They invited me to settle with them.

 

- August 2011, Lowell financial advise they bought a debt from Burtons, and invited me to settle the account.

 

- August 2011, applied to have judgement set aside on basis that notice of proceedings never received, prepared a defence explaining the above timeline of events, accepted the original debt owed, applied to have default notice removed as served in error.

 

- August 2011, went to court. Judge claimed I did not have reasonable prospect of success, asked for my comments. Advised judge she had clearly not read my defence, and took her through the facts. She changed her decision, and asked for me to submit a revised defence.

 

- August 2011, Judgement from March 2010 'is hereby set aside' condition on filing defence. Submitted redrafted defence.

 

- September 2011, advised Lowell it had now been set aside and would make payment arrangement with them.

 

- October 2011, CL Finance wrote to explain I had failed to submit an allocation questionnaire. I called the court and advised that I had explained to the judges how they did not own the debt legally, and that they should not be pursuing me for this debt. They were surprised they were still pursuing me. The court asked me to send them written notice via email immediately.

 

- October 2011, spoke to CL Finance representative, who agreed to remove the default if I paid the full amount owed to the company which they sold the debt to by a certain date.

 

- December 2011, CL Finance wrote to advise they had discontinued their claim against me.

 

- December 2011, did some more research and spoke to the IC and realised that a default could not be entered twice for the same debt. Sent a S.10 DPA 1998 notice. Received written response next day and default was removed.

[dallasg]

Update: Spoke to a solicitor on the telephone today who advised that I should simply send notice of all the court actions and letters from the solicitors acting on behalf of CL Finance, to Lowell financial - and force them to remove the default and to place the account in dispute. He didn't cite any laws or acts, but informed me that they wouldn't be able to take me to court to pursue for this debt, and as CL Finance issued notice of discontinuance that it is more likely they would write the debt off.

 

I'm officially confused!

[dallasg]

Update: Put this account into dispute with Lowell Group with my previous letter, they investigated and continued sending me threatening letters from their pseudo-group 'Hamptons Legal' - and today, received a letter asking me to claim indemnity on all payments I've made to them in the past.

 

They are sending the account back to CL Finance, removing their default notice and closing the account.

 

I guess this might mean CL Finance will reopen their books with me once they receive the account back - but its good to have another one of these defaults removed!