Backdoor Lowell CCJ - cap1 card poss SBd - Set Aside help please

[littlemissy123]

Hi

 

I recently became aware I had a CCJ for an old capital one debt.

The debt had been passed to Lowells some years ago so I presume it is they that applied for the judgement.

 

Judgement Date: 04/06/2015

Amount: £1782.00

 

I am pretty sure the above debt was statute barred at the time this judgement was received.

Reason for this is that I stopped paying this and another debt with Barclays at the same time.

I received a CCJ for the Barclays debt in 2011 at least 2 years if not more after I stopped paying, it may have been longer I am not sure.

 

My question is when would the statute bar time start?

Is it the last payment date made to Capital One.

 

I have already looked up the template for subject access request and intend to do this tomorrow.

As I realise I will need evidence to show to a court.

 

Any advice or pointers welcome

 

Thanks

[dx100uk]

moved to legals

go ring cap1 and ask far quicker

you don't need evidence either

its for the claimant to prove the debt was not SB

not for you to prove it is

[littlemissy123]

Thanks I will call them today!

[notodebt]

Thanks I will call them today!

 

I had a Cap one acct with Lowell , in the end they could not comply with my CCA request and sent me a letter stating they were no longer pursuing debt. Not sure if you have taken this route but I reckon they will probably not have paperwork..

[littlemissy123]

Hi

 

Just called Capital one. The woman I spoke with could only give me the date they sold the account and could not see any other info. ie when I last made a payment to the account.

 

Date account sold to Lowells: Jan. 2010 for £1000.85.

 

If I carry on with a subject access request will I get this info from capital one or is it likely that they just don't hold the information anymore?

 

The woman at capital one was suggesting that I ring lowells which I won't be doing.

 

But should I contact them in writing stating that that account was statue barred and requesting evidence that it was not, also do the cca request and subject access request with them. if they can't prove demand they remove or then move to remove myself via court.

 

Or apply to court now directly and see if they defend, but could I get lumbered with court costs if I lose.

 

Thanks

[AndyOrch]

Assigned to Lowells: Jan. 2010 for £1000.85

Judgement Date: 04/06/2015_£1782.00

 

£782 pounds added to a terminated account...how could that happen ?

 

Capital do know the date of your last payment...but will be keeping quiet as the debt has been assigned.

 

Andy

[dx100uk]

Sar should show it all

[dx100uk]

I had a Cap one acct with Lowell , in the end they could not comply with my CCA request and sent me a letter stating they were no longer pursuing debt. Not sure if you have taken this route but I reckon they will probably not have paperwork..

 

Issuance of a ccj trumps the need for paperwork

[littlemissy123]

Hi

 

Did the SAR request to capital one.

The debt was not quite statue barred.

 

However I still want to go for a set aside so need to build up other defences.

I have since found the original court papers.

 

In 2016 I suffered a mental breakdown.

When theses papers were issued to say I was detached from reality would be an understatement.

 

From what I can gather the debt has to be assigned to lowells.

On the court papers it says 28/07/2014 it was assigned to them. it states also the defendant has been informed.

Should there be a letter of assignment in the capital one stuff I have received from the SAR.

Or is it something that Lowells would issue to me.

Or is it a document between Lowells and capital One?

 

There is nothing I have received back that states letter of assignment.

 

Also looking at the original default notices the arrears amounts are incorrect for the time they were issued.

 

So anything else I should be looking at possibly the original agreement.

 

Any help appreciated. Really want to have a go at defending this.

 

Thanks

[dx100uk]

NOA comes from Lowell.

 

so why is the balance so high as post 6

[littlemissy123]

Hi

 

This is were it gets a bit confusing. When I phoned capital one the lady I spoke with was very specific. Sold Jan. 2010 for £1000.85.

Does not sound like a figure you would just pluck out of thin air.

 

In the stuff I got from capital one.

At the beginning they look like screen shots.

There is one that shows account sold 19.01.2010. Charge off balance £1485.91.

But this does not mean they paid that much.

 

Then in the memo section in July 2014. There are a few entries. Sale pending then sold. Lowells are named. No amounts paid are stated.

 

But in the account monthly statements the balance of £1485.91 remains on a monthly basis till 19.10.2017. There it just ends the account is never written down to zero.

 

So I don't think Lowells paid them anything for it.

When I worked for a finance company that did buy now pay later agreements.

The account would show the balance being written down and the excess that remained being written off to zero.

So that is what I would of expected to see.

[dx100uk]

they bought it for ~15p=£1

it wont show as the sale price is confidential info