lowell got CCJ for old CAp1 card debt - help

[bluecrush]

Hi , I would very much appreciate your help with the debt i have...

 

Firstly i was sent back in june/ july 3013 about an impending county court date for the amount off £1100 from a Capitol One credit card.

 

The collector named was Lowell Portfolio whom i believe had also appointed LRC Legal Recoveries.

 

I replied to the county court letter by responding to Lowell sending them a CCA Request (rather than replying to the court letter) about me disputing the debt.

 

As i never informed the court the proceedings went ahead anyway and i now have a CCJ with a new debt of around £1600.

 

The CCA request was ignored for nearly 3 weeks so

 

i issued to Lowell "Account in dispute" letter" which they promptly replied by also thanking me for my 1st letter "CCA Request"

they said there were dealing with this.

 

That conversation was on or around the 3rd of August.

 

I have not had any correspondence or contact with LRC or Lowell prior to today 9th Sept via a phone call made by myself to Lowell.

 

Lowell replied by saying that on the 14th August they sent proof of the debt to LRC (nearly 4 weeks ) i havnt received any proof!

 

Could anybody shed some light with there opinion/ advice if they think the proof is legit how to obtain that proof ?

 

and how i should proceed if they do or dont have proof.

 

If they dont have proof they i would like the CCJ removed from my credit file

 

Any help or advice would be very appreciated

 

thank you

 

Craig

[BRIGADIER2JCS]

Getting the CCJ set aside is your action, you will have to apply to the court for this there is a fee of £80.00 .

 

You will have to have to cite good reasons why the judgement should be set aside and then prepare a defence as Lowell will restart the claim.

 

You may well have considerable difficulty in persuading a judge that ignoring the claim is a good enough reason to set the judgement aside.

[bluecrush]

Thank you for your speedy reply.

 

I have downloaded the N244 form, i will go through again the information from your link also to make sure i understand whats required to apply for this step.

 

Thank you again

 

Craig

[dx100uk]

what does your cra file tell you about this debt please

 

so cap1 sold the debt

 

did you ever get the notice of assignment letters?

 

how ong ago did you take this out

 

was it an online application?

 

have you got all the statements?

 

dx

[bluecrush]

what does your cra file tell you about this debt please

 

so cap1 sold the debt

 

did you ever get the notice of assignment letters?

 

 

how ong ago did you take this out

 

was it an online application?

 

 

have you got all the statements?

 

dx

 

Hi I think you mean credit file ? if so it's states Lowell is owed the debt which yes must have been sold on from Capitol One

 

I may have an old statement not sure why your asking?

 

I believe the account was opened around 2006 and I couldn't recollect if that was opened online or paper?

 

I don't know what a notice of assignment is ,what is this ?

 

thanks for your reply

 

Craig

[dx100uk]

what paperwork have you had over the years?

 

have you been living at the address since the card was taken out?

 

the debt could well be PPI/PENALTY charges that could be reclaimed

 

however you should have received letter telling you that lowells had bought the debt

and that cap1 sold it.

 

dx