lowell Cap1 Card CCJ - Warrant of control help!

[Beckz1205]

I've also completed the form so I'm ready to send it in an email.

[Beckz1205]

Its certainly a shame that you had not taken heed of the advice that I gave 2 days ago for you to call Lowells.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?479694-lowell-Cap1-Card-CCJ-Warrant-of-control-help!&p=5046160&viewfull=1#post5046160

 

The fact remains, a warrant has been issued and to avoid a personal visit from the court bailiff, you need to make an application to the court.

 

I sent an email to Lowell explaining the situation. I struggle to make phone calls because of my anxiety.

[dx100uk]

so it won't be on a credit report or anything?

 

 

if it was defaulted more than 6yrs ago no

ring cap1 and ask

[Bailiff Advice]

I sent an email to Lowell explaining the situation. I struggle to make phone calls because of my anxiety.

 

I now understand. Your anxiety will not improve until the forms are sent to the court. PLEASE make sure they are sent in the morning.

[Beckz1205]

I now understand. Your anxiety will not improve until the forms are sent to the court. PLEASE make sure they are sent in the morning.

 

I am going to email them across now I've finally completed the form. If it turns out the debt is statute barred and I've sent these forms will I still have to pay the installments?

[AndyOrch]

You can always consider a set a side after you resolve the current position...take time to research and gather evidence that it is in fact statute barred...just be aware that if you do try to set a side and lose the costs will be greater possibly 3 times than this debt.... which you will then have to pay on top of this debt.

 

Andy

[Beckz1205]

the capital one credit card expired 11/09 so surely i wouldn't have made any further payments after then and i Didnt get a new card so it must have defaulted around that time or before?

[dx100uk]

ok well don't confuse defaulted date with the statute barred date

they are NOT related.

 

you can still pay a debt even if you don't have an active card, the agreement will still be active.

 

the very best way to find out your last payment date is to always go ring the original creditor.

they are nothing to do with the claim, they sold the debt long ago so they'd be not cause for them to make you feel uncomfortable,

 

if it turns out the debt was statute barred by the time lowell issued the CLAIMFORM.[not the CCJ]

then no you wont have to pay a penny toward it.

 

don't forget though you will need written evidence

so if cap1 give you the last payment date

and it is statute barred

 

 

then ask if they could put that in writing to you.

[Beckz1205]

the claim form is dated 19th may 2015, so does that mean if the debt was statute barred before then then i wont have to pay anything?

[dx100uk]

if you didn't pay anything from say april 2009 then it might well be the case

[Beckz1205]

email has been sent and I have received a confirmation of receipt email back.

[Peterbard]

Yes as said above.

 

You do not have to prove the action is statute barred.

When you make the claim, the burden of proof is reversed. In other words, it is for them to prove you were not SB and not for you to prove you are.

However having the evidence with you is handy.

 

I agree with Andy in that, you should sort out the immediate situation, and save this as an option should they continue to chase the debt. I would expect that a mention of this once the judgment is set aside will dissuade them from, continuing.

[AndyOrch]

Beckz - it wouldn't harm for you to write to Bryan Carter now and raise concerns of your belief that the debt was statute barred at the time the claim was issued. Give them the option that if they believe otherwise, to furnish you with the evidence that they are reliant on. See what comes back.

 

You may even find a solicitor who might consider making the application on your behalf. If you do need to make the application yourself, I would urge you to take heed of the guidance note for question 10. The guidance states clearly that there are three different options available to you, should you wish to provide evidence in support of your application:

 

1. A witness statement

2. A statement of case

3. Written evidence (in the box provided at question 10)

 

Sending a letter into the judge is entirely inappropriate.

 

A simple letter was not advised for a set a side application..it was advised to attach to the N244 in a case of redetermination which is all that is required when requesting redetermination within 14 days of the judgment....you dont even need an n244..its simply advised to attach it to the application to get the courts attention and why no fee is payable.

 

Given that this case is rather unique...a default judgment with a payment option not forthwith which was undefended....as advised the N245 was the correct option..not a redetermination.

 

We are well aware of the process with regards to draft orders and witness statements in applications.

[AndyOrch]

Its an informal request within 14 days of judgment if defended...the n244 is irrelevant:frusty:

[AndyOrch]

Excellent very good now will you leave it at that...

[AndyOrch]

I said write to the creditor, NOT ring them.

 

In the case of a SB dispute, the parties should first try to resolve the matter amicably before bulldozing in with court action. This of course would involve the writing of a letter to the other side. If the other side then choose to reply with a "pay or we will enforce" answer (which would not be the case here as the OP is in the process of setting up a repayment plan through the courts), then an application should be made.

 

The application will normally be made on an N244 form although as Andy pointed out, the form is not mandatory, it is the notice that is required. Quite why anybody would want to construct their own notice is beyond me and in practice, everyone uses the N244. Indeed, researching this vast forum, I can't find any post where a debtor has been advised to construct their own application notice.

 

because it has never been advised for applications

 

Just before I lock this thread ...its obvious you still do not understand the process of redetermination with your comment above....I didnt state any such thing

 

No one has suggested making up their own notices to submit on an application to set a side.

 

I will try to explain to you again the process.....

 

Judgment with payment plan (defended)......cant afford......send a letter within 14 days of the judgment...free to everyone. (You can attach it to the N244 to get attention from the court) It is not an application

 

Judgment with payment plan (defended) after 14 days...send N244 and fee and request a redetermination...no need for a witness statement/affidavit...simply request what order you require and attach your evidence and I&E

 

Judgment with payment plan undefended...send N245 to vary monthly amount

 

Judgment Forthwith .....N245 to vary to monthly

[AndyOrch]

Your not sending any evidence if redetemination is requested within 14 days of the defended judgment...you dont need to send an n244...you dont need a statement of truth....a letter .......handwritten/typed ...signed...... is all that is required.

 

Evidence being bank statements or DWP letter.....proof of income and outgoings......

[Peterbard]

Anywaay.

 

How is the OP getting on?