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Claim form Lowells/Carter - Statute barred Cap1 debt -***Claim Discontinued***


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Hi,

 

Wife received letter of action to issue a CCJ for a debt that's well over 7 years old, had no contact with any company or made any payment at any time over these 7 years.

 

Logged in online to the courts site and disputed the CCJ with the fact that's its statute barred and at no time has she ever been in contacted with said company or made any form of payment towards said debt.

 

The court replied via letter saying they have informed the company and await a reply.

 

 

Yesterday she received the following:

 

 

"Please see attached copy letter sent to the court confirming that the claimant wishes to proceed with the claim at this time.

 

The claimant agrees in principle to mediation.

 

We should also be grateful to hear from you in relation to without prejudice negotiations and you may contact us on xxxxxxxxx".

 

And.........

 

Thank you for providing us with the defendants defence.

 

Our instructions are that the claimant wishes to proceed with the claim.

 

That's it so far.

 

If I call them or acknowledge these letters isn't that then case of accepting liability to the monies due.

 

 

The above is in regards as follows:

 

 

Q What was the old debt for and how much are they claiming?

A: Capital One £726.85.

 

Q How do you know it is statute barred?

A: Its well over 7 to 8 years old, been in current house for 7 with no contact until now.

 

Q Who is the debt collector?

A: Lowel Portfolio I Ltd Re: Lowel Finacial Ltd. Company issuing CCJ is Bryan Carter Solicitors LLP.

 

The order says they purchased the debt on 14/08/2009.

 

 

What now?

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You should ignore the correspondence and the offer of mediation other than to write to them and tell them that you reject it and that you will be applying for a setaside on the basis that you did not receive any court papers, that they did not satisfy the pre-action protocol and that in any event the claim is time-barred.

 

Ask them if they agree to the setaside but that you will be proceeding to apply for it anyway.

 

Immediately - apply for a setaside using the form N244 and put the grounds which I have suggested above as the basis for the application.

It wil cost you about £60 which you will get back from the claimant after you win.

 

In your N244 make it clear that you will be asking for the costs of the setaside application to be met by the defendant

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The CCJ has not been issued, I responded via the courts online system stating that the debt is statute barred and hence they replied as above saying they are continuing with the claim so how can I get a none issued CCJ set aside as its not officially gone through the courts.

 

 

As far as I can see they are trying it on but what do I reply with?

 

 

PS,

 

 

Re-phrased the above 1st post.

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Just checked my wife's credit file and listed on their is as follows:

 

 

listed by: LOWELL PORTFOLIO I LTD

Default date: 08/04/2008

Default Balance: £441

Account type: Credit Card/Store Card

Started: 02/02/2007

 

 

If that's the above account its 2 weeks or so under 6 years ;(

 

 

So is it 6 years from the default or last payment/contact made?

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In fact just seen that a CCJ was registered against my wife at our old address which we didn't know about as follows:

 

Information type: Judgment

Date: 24/11/2008

Court: NORTHAMPTON COUNTY COURT

 

Didn't know anything about this and now that's coming up 5 years 4 months old.

 

How can they issue a CCJ against her when we didn't have no paperwork or contact and we don't have a clue whats it about?

 

Her file is clean'ish now with 1X default Lowell and 1X CCJ we didn't know about.

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Checked my wifes credit file again and I don't think the below is in relation to the attempted CCJ they are trying to issue because the sums are not the same so I don't know when the above was first defaulted as its not showing up on her credit file?

 

 

Just checked my wife's credit file and listed on their is as follows:

 

 

listed by: LOWELL PORTFOLIO I LTD

Default date: 08/04/2008

Default Balance: £441

Account type: Credit Card/Store Card

Started: 02/02/2007

 

 

If that's the above account its 2 weeks or so under 6 years ;(

 

 

So is it 6 years from the default or last payment/contact made?

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In the case of the threatened court action - remain calm. Wait and see if the claim is issued. If it is then file a defence that you deny the claim and that it is statute barred in any event.

 

In the the case of the 2008 judgment, after 6 years it becomes unenforceable

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But I dont know if the claim is the one thats on my wifes credit file or another if you know what I mean.

 

Anyway.........

 

I have as above disputed the claim stating the debt is barred and they have as above stated they will continue with the claim so....

 

When the court gets there letter what next?

 

Does the court write to my wife so she can again dispute the claim or is it then drag a case together and to court it goes?

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Update:

 

Received the following 2 letters today.

 

Date: 24 Mar 2014

Brand/Product: Capital One

Our Client: Lowel Finacial Limited Our Ref: Low/xxxxxxxx

Account no: xxxxxxxxxxxxxxxx Balance: £726.85

 

Claim No: xxxxxxxx WITHOUT PREJUDICE

 

Dear Mrs xxxxx

 

We have been notified by the court that you have filed a Defence to the claim. In an attempt to settle this matter before hearing and in order to avoid either party incurring further costs, we confirm that our client is prepared to accept payment of the full balance by monthly instalments. Please insert an affordable sum in the relation to your financial circumstances in the blank space in the proposal Order and sign and return it to us within 7 days. Providing the amount is reasonable we will sign the Order and send it to the court to be sealed.

 

Alternatively, if you would prefer to settle this debt now please contact us on xxxx xxxxxxx for a settlement figure.

 

Please note that if you default on payment then judgment may be entered against you and if you are in any doubt as to the consequences of signing the consent Order you should seek independent legal advise.

 

We look forward to hearing for you and hope we can agree to settle this matter without the need for a Court hearing but if we do not hear fro you we will apply to the Court to strike out your Defence gearing which, if successful. may result in further costs being payable by you.

 

Yours Sincerely.

 

Bryan Carter Solicitors LLP

 

The other letter is the agreement to full amount etc etc of which they can go and suck eggs.

 

Thanks

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I know that Capital One has sold this debt on and it has nothing to do with Capital One but Lowell trying their hand at bullyboy tactics. I know Cap One has nothing to say about this is because my wife has a new card with them and if she was on their records she would of been told no.

 

 

So what do I do next?

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Sorry...bit confused here.

 

There appear to be two things going on with this thread.

 

One is where a CCJ has been obtained and another whereby you have received a claim form and filed a defence. Is that correct?

 

If so, with regard to the one where you filed a defence, can you type up exactly the wording you used in your defence?

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Says it all in my first post "Logged in online to the courts site and disputed the CCJ with the fact that's its statute barredlink3.gif and at no time has she ever been in contacted with said company or made any form of payment towards said debt."

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Ok the exact wording would be good but anyway, it looks to me like they are testing you to cough up.

 

They will know that an SB defence is absolute and that they will not get a penny if this account is actually SB.

 

If it is certain that it is SB then the court cannot find in their favour.

 

Have you heard anything back from the court following your filing of a defence?

 

Again, can you type up the exact words you used as your defence please. I'm not trying to be difficult but to know exactly what you put may be useful.

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Ah ok...bit of a shame you didn't keep a copy for your records and the (possible) trial.

 

Still, if you are confident that this is SB then you should have no worries by going all the way to trial.

 

In that case you can write to Carter and tell them again that the debt is SB and that you will not be paying.

 

You then await the court's directions and follow the process as directed by them.

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Ok thanks.

 

 

Now, the reason I posted the registered CCJ details was I found that listed on my wife's file and we was not aware of that so its coming up to 6 years old so I might as well forget that one and concentrate on this problem.

 

 

Yes I am aware that they are trying it on but there is nothing listed for the debt against my wife's file that's they are saying so all I can go on is a ruff time scale which is we have been at out current property for 7 years hence the reason why I say its stature barred.

 

 

Its from our old address.

 

 

So do we just wait and see if court papers arrive or can I slap them with paperwork providing us with account details etc which would prove its statute barred, paperwork we don't have.

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Ok so we concentrate on the current claim for which you have received a claim form, acknowledged service and filed an SB defence.

 

In response to that defence Carter has now written asking you to settle out of court in the hope that you will pay up.

 

I take it that you have not yet received anything regarding the track allocation ( should be allocated to small claims track)?

 

If it is still trackless you can send off a CPR 31.14 request and you can ask for any documents they refer to in their particulars of claim.

 

Might be an idea if you can post up their Particulars of Claim exactly as they appear on the claim form please.

 

You can also write to Carter following the receipt of their offer to settle to the effect that you will not be paying anything as this is SB. Carter may discontinue the claim.

 

As said, this is now in the court system and you will be guided by them as to the process.

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Particulars of claim:

 

 

This claim is for £441.45 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods.

 

 

This debt was assigned to/purchased by Lowell Portfollio Ltd on the 14/08/2009 and noticed served pursuant to the law of property act 1925.

 

 

Particulars:

Re: Capital One

A/C No: xxxxxxxxxxxxxxxx

 

 

And the claimant claims £441.45

 

 

The claimant also claims interest pursuant to S69 country court act 1984 from 14/08/2009 to date at 8% per annum amounting to £160.40

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Just checked my wife's credit file and listed on their is as follows:

 

 

listed by: LOWELL PORTFOLIO I LTD

Default date: 08/04/2008

Default Balance: £441

Account type: Credit Card/Store Card

Started: 02/02/2007

 

 

If that's the above account its 2 weeks or so under 6 years ;(

 

 

So is it 6 years from the default or last payment/contact made?

 

In fact just seen that a CCJ was registered against my wife at our old address which we didn't know about as follows:

 

Information type: Judgment

Date: 24/11/2008

Court: NORTHAMPTON COUNTY COURT

 

Didn't know anything about this and now that's coming up 5 years 4 months old.

 

How can they issue a CCJ against her when we didn't have no paperwork or contact and we don't have a clue whats it about?

 

Her file is clean'ish now with 1X default Lowell and 1X CCJ we didn't know about.

 

Righto, there does appear to be some confusion here.. so can you confirm if my understanding of the situation is correct.

 

A few years ago, possibly around 6 years a CCJ was awarded against your wife for a Capital One debt. It would appear you were unaware of it so a Judgment was awarded in default. It has not been pursued.

 

There has now been a further claim issued on the SAME debt that the judgment was awarded for.

 

The fact they have issued another claim is probably because it is easier than having to apply to the court to enforce the one in place. The Court would almost certainly want to know why they didnt pursue it sooner and certainly earlier than when it was approaching 6 years. Although I havent heard of this happening before.

 

As there is a judgement already on this, the the account is not statute barred - the issuing of the original claim stopped the clock so to speak.

 

I will ask those on the site team who might be able to advise further on this. It might not be until sometime over the weekend that they look in on you though. So please dont worry, you will get some advice :)

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