Demand for 1st £50 payment on Unknown Lowell Cap1 CCJ - thought i paid this off by F+F years ago

[riverwhistler]

Howdy,

 

I have a situation that I would really appreciate some input on.

 

Recently Lowell contacted me for a debt I thought i had paid off in 2008.

It was as credit card that I took out as a student.

I had no previous contact from lowell until earlier this year.

 

I received three letters demanding a sum of money and ignored them.

I then received a pre court letter.

When i contacted them they said the only way to prevent a cci was to set up a token payment plan

in the meantime and they would provide me with proof of the debt.

 

 

They told me to disregard the court letter.

I agreed and set up the plan.

 

 

The evidence i asked for didn't appear and i cancelled my direct debit before any payments were taken and then called them to ask whats going on and

they said they were still waiting to hear back from the original debtor.

 

A couple of weeks went by and then i received a letter from the court saying that a CCJ has been made.

 

 

I have now received a letter from Lowell saying that they do not have any copies of original agreement etc and the debtor doesn't have them either.

 

What can I do in this situation?

I understand that once a ccj has been made there is not much one can do as even though its an unenforceable debt it has already been enforced but can they really demand the money without any evidence I still owe it?

 

Any advice would be greatly appreciated.

[BankFodder]

There is a lot you can do.

 

However, I should start off by saying that although you seem to have been conducting your communications with them on the phone, I suppose that you haven't recorded anything so you have no evidence.

 

Anyway, you should apply for set-aside. Please follow the set-aside link to discover how to do this. In your circumstances it will be very straightforward although there will be a fee to pay. I would say that in the set-aside application you should ask that the fee be paid by the claimant because you have clear evidence that they have no copy of the CCA and therefore the alleged debt was unenforceable anyway and they knew that it was unenforceable.

 

In future, please record your calls. Read our customer services guide and implement the advice there. Also, you are best off not ignoring correspondence unless you know what you're doing. Come here for advice before you decide to respond to anything – or before you decide not to respond to anything.

 

However, never ever deal with anyone on the phone unless you are recording the call. Read our customer services guide

[AndyOrch]

Thread moved to Financial legal Issues..please continue to post here to your thread.

 

They told me to disregard the court letter. I agreed and set up the plan.

 

By letter you mean a court claim pack from Northampton CCBC ?

 

Andy

 

Regards

 

Andy

[riverwhistler]

Thank you for your awesomely fast reply.

 

Yes indeed it was all conducted via telephone - when i call them they do seem to have very detailed notes - would it be worth asking for a Subject Access Request?

 

The letter they sent me (along with a letter demanding first payment of cci awarded amount) is as follows:

 

"Please note we are unable to provide you with a copy of the agreement from the original creditor Capital One.

 

We can confirm the original account was taken out on 13th February 2008.

The account defaulted at a balance of £659.17 and the last payment was for £83.42 on 7 october 2011.

 

Due to non-payment a county court judgement was entered against you on 18th May 2017 and you are currently in arrears of £50.

 

... payment details etc etc etc"

 

I also queried the payment that they say i made that I have no recollection of nor can find in any of my accounts

- it seemed conveniently to be just within the 6 year window

- im not sure why I would make a payment out of the blue years after the fact and feel this payment log might be bogus.

 

This debt had been handed between 4 or 5 collectors and back in the time i made a payment that I understood to be a full and final settlement but I cannot find any evidence to show that I paid it as I didn't keep anything older than 6 years.

 

I will ask for it to be set aside and thank you for the advice. I will make sure I only telephone whilst recording in future,

 

All the best and my sincerest thanks.

[dx100uk]

I would suggest the DCA you made the F&F too was just another trading name of lowells?

can yo not SAR your bank

get all the statements and find that payment?

 

 

before you rush and pay £255 to set it aside?

 

 

if you can prove you F&F'd, then they might well set aside by consent at no cost to you?