Lowell & Default CCJ - Cap1 Debt - Now After AEO.

[righthon]

Hello,

 

Please could I have some advice?

 

I've just received a default judgment for a Lowell debt

(well, the ccj is dated last month, but I have my post redirected from an old address back to my parents

and I've only just gone to visit).

 

I did know I had an outstanding debt from a capital one card,

(but for some reason I still receive e-statements from them).

They've sold the debt off to Lowell (for £2,552),

and I've just had a letter saying that I have a default judgment against me.

 

I have had no correspondence prior to this from Lowell,

such as a notice of default,

nor have I had any papers come through that would have enabled me to submit a defence.

 

The judgment paper and the letter from Lowell were sent to my old address

but redirected to my parents house, however I've not received any defence papers.

 

Is it the court or Lowell who would have sent them?

 

(Just to add, I've had a few problems with the Royal Mail's redirection service before,

as not all my letters have been redirected back to my parent's address.

Having said that, it seems funny that I've received the notice of ccj

and a confirmation of the ccj from Lowell,

but received nothing that would have warned me that they were submitting a claim for a ccj.

 

I've had a look at my credit report and it appears that the debt was bought in oct 2013 for £2552,

but the judgment is for £2849, (plus another £207 for costs)

so I don't know why the debt has increased?

Could I have it set aside for punitive charges?

 

Also, it appears that they bought the debt in October 2013,

but I moved from my old house at the end of October 2013,

which is why I didn't have any knowledge that they'd bought the debt in the first place,

so I couldn't have told them of my new address

because I didn't know that they were chasing the debt.

 

The only other letter I've received pertaining to this is one that was dated after the ccj was served,

saying that a ccj was entered against me

and I have 30 days to pay in full (the 30 days are up),

otherwise it will remain on the County Court register for 6 years.

 

Please could I have some advice on applying to have this set aside?

 

Many thanks

[dx100uk]

your issue here is the claimform papers are not allowed

to be redirected

they say on the envelope - do not redirect I think.

 

you sadly failed to tell your creditors you had moved which is your problem

not theirs

 

I don't think there is anything you can do about this

 

you could try phoning northants and asking which address the claimform was sent to

 

but even then, if you've no valid defence against the claim

[wrong address is not a valid excuse on its own, even if it were true]

 

you still would need a valid defence against the claim.

 

when was the card taken out and how was it taken out [mail/online/etc etc]

[righthon]

Does it not make a difference that they hadn't informed me that they had bought the debt?

 

I've never received any notice of assigment

- let's put it this way

- I've never recieved any mail from them about this debt before, so i don't see how I was supposed to know?

 

I moved before they could inform me that they were my creditors,

so it's not like I deliberately failed to inform them of my new address.

 

The card was taken out in 2008, I believe that it was taken out online.

[righthon]

If the claim forms aren't allowed to be redirected, why was the actual judgment allowed to be redirected?

[dx100uk]

not looking good then

 

as its an online application from 2008

you sig would have been a tick box.

 

as for the other bits.

 

just because Lowell bought the debt

and you didn't know as you'd moved

 

you still should have informed the original creditor you have moved

regardless to whatever anyone else says or does.

then you would of p'haps had a starting step up the ladder on the set aside route

 

ok you didn't receive an NoA

but that's still does make a defence that you would need to deny the debt.

 

others may think diff here

 

but as far as I can see, they've got you

esp as its an online sign up so no hope of using the no CCA route.

 

did you phone northants and get the address the claimform was sent too?

 

dx

[righthon]

I've called Northampton, and they confirmed it went to my old address, but the man on the phone said it definitely doesn't say 'do not redirect' on the envelope, so it should have come to my new address.

 

Also, there were PPI charges on the account that were in dispute, but were never sorted. would that make a difference at all?

[dx100uk]

I doubt PPI from 2008 would equal £2800+

 

ok so there appears to be someissue with letters and claimforms going to an old address

and not being redirected

but even if the NoA were not sent lets say

 

theres still £2800+ debt to defend

 

as I see it

you have nothing substantial to disprove that balance

charges/PPU wont equal that figure.

 

i'll let others comment if I was you.

 

p'haps an N244 is in order here?

[righthon]

Thanks dx100. Does anybody else have any suggestions, or should I just accept the ccj?

[citizenB]

Unless you have a credible defence, then you might just be throwing good money after bad. As dx has said, the PPI is unlikely to cover the outstanding balance (even before court costs were added).

 

If you are unable to pay the Judgment debt in full, then you should apply to vary to instalments. You will do that by using form N244 which you can download from the court website.

 

You might want to consider reclaiming the mis-sold PPI and any charges that were on the account in order to settle the debt quicker. However, you will be left with this CCJ trashing your credit files for 6 years.

[righthon]

About a year ago, I received a CCJ for a debt that Lowell purchased from Capital One.

The judgment was entered in default.

Stupidly I buried my head in the sand and pretended it didn't exist.

 

 

Recently I received a letter from the county court which was a Notice of Application for Attachment of Earnings Order.

However i didn't receive it until a few weeks after the deadline had passed as I no longer live at the address it was posted to.

 

 

I emailed the court as I kept calling but they never picked up the phone.

They never got back to me.

I take it this was because they'd sent a bailiff to my old address and since I wasn't there they couldn't serve the papers, so it was out of their hands.

 

I need to get my head out of the sand and start paying this debt off.

Plus, if my employers found out that I had debt issues it could cost me my job.

 

 

Also, I read that they often apply to make people bankrupt- although I have no property or assets,

I still don't trust them not to do this as they come across as lowlifes.

 

So my first questions are:

 

1) Can Lowell find out where I work? I don't use social media so they couldn't snoop on Facebook, for example.

 

2) Before I agree to pay anything, should I request all the information they have on me?

 

Any help you can give me will be greatly appreciated.

[Bazooka Boo]

Which court awarded the judgement?

 

And by default do you mean, you didn't receive the court papers or you just ignored them and didn't defend?

[unclebulgaria67]

About a year ago, I received a CCJ for a debt that Lowell purchased from Capital One. The judgment was entered in default. Stupidly I buried my head in the sand and pretended it didn't exist. Recently I received a letter from the county court which was a Notice of Application for Attachment of Earnings Order. However i didn't receive it until a few weeks after the deadline had passed as I no longer live at the address it was posted to. I emailed the court as I kept calling but they never picked up the phone. They never got back to me. I take it this was because they'd sent a bailiff to my old address and since I wasn't there they couldn't serve the papers, so it was out of their hands.

 

I need to get my head out of the sand and start paying this debt off. Plus, if my employers found out that I had debt issues it could cost me my job. Also, I read that they often apply to make people bankrupt- although I have no property or assets, I still don't trust them not to do this as they come across as lowlifes.

 

So my first questions are:

 

1) Can Lowell find out where I work? I don't use social media so they couldn't snoop on Facebook, for example.

 

2) Before I agree to pay anything, should I request all the information they have on me?

 

Any help you can give me will be greatly appreciated.

 

1) no

2) you could, but you would need to give them an address to send it. They will provide it to their legal people, so they can make any court application e,g request you to attend court to sort our repayment.

 

You can obtain the CCJ info from the court ( Northampton bulk issuing centre) that handle most CCJ's as they are applied for online). They will probably tell you to contact Lowells, but you can ask for a copy of the CCJ details i.e the particulars of claim and default judgement. Then armed with the info you can decide what to do.

 

Or you can phone Lowells ( withold your number you phone from and record the call) . Perhaps they can email you the details, so you can set up a standing order. Just say that you are of no fixed address, but understand there is a CCJ you would like to pay via a standing order. Can they email the details. See what they say.

[SabreSheep]

Bankcrupcy - The answer to that one depends on how much the ccj is valued at. I believe they have just raised the lower limit making it harder.

 

Now here is the thing.

Just because they have a CCj, does not mean that CAP 1 may not owe you money.

 

Is this a credit card?

Any PPI?

Any late payment fees or over limit fees?

 

If so these can be reclaimed back form CAP 1 anf used to reduce the debt owed.

[dx100uk]

old and new threads merged for history

 

 

dx

[righthon]

Thank you for your answers.

 

To answer the first question, I never received the papers from Northampton Court, so I couldn't defend it

as I only found out once it had been issued.

 

 

For some reason, the actual judgment was redirected to me though.

 

 

Is the particulars of claim a separate document or is it just what is written on the judgment paper?

 

I did have PPI on my account, although I doubt it adds up to more than a couple of hundred pounds...

 

My most pressing concern is that of bankruptcy.

I'm just bothered that they might serve a statutory demand on me at my old address and then I wouldn't have any knowledge of it.

 

 

Can bankruptcy be entered in default in the way that a CCJ can?

 

 

Bearing in mind that I don't own a property, but even so,

I get the impression that they're pretty vindictive.

 

 

Does anyone know if they would still try and bankrupt me?

 

Lastly, and I suppose I'll have to get this information from them,

but what could be the reasons for the CCJ being 300 pounds more than what they bought it for (excluding court costs).

 

 

Are they allowed to keep adding charges as time goes by?

[dx100uk]

mostly answered in post 7 of this merged thread

 

 

they wont do an SD on a CCJ no point

 

 

as you've said

they are going for an AEO

 

 

dx