Jump to content

 

BankFodder BankFodder


righthon

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

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1694 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Share this post


Link to post
Share on other sites

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]


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites
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.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Share this post


Link to post
Share on other sites

old and new threads merged for history

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...