lowell CCJ re: Cap1 card - now Warrant

[Ds3Sport]

I have an outstanding debt with Capital One for just over £4000.

I don't dispute the debt and would be happy to pay it were my circumstances different.

I have been with Capital One since 2005 and up to recently had never missed a payment.

 

Before my current problems I had asked Capital One to switch me to a lower interest rate card, my existing one being a ludicrous 34%.

 

 

Of course they refused and said I would need to close the account, pay off the outstanding amount

and then apply again but they could not guarantee I would be accepted.

In other words, we are getting 34% out of you so why would we want to charge you less?

 

I eventually missed a payment, made it up, missed another...you know how it goes.

I did always speak to them and kept them informed of my situation

and I offered to pay £50 per month until I could improve my circumstances.

 

 

However they refused, closed the account and passed it to Fredrickson International.

FI kept phoning but I ignored them as I won't discuss any matters like this on the phone.

 

 

Eventually they wrote to me.

I wrote back outlining my financial circumstances and offering to pay £50 per month.

wrote back saying it was not acceptable by their client (Capital One).

wrote back and explained it was the only offer I was able to make

and if it was not acceptable they should take me to court and we would discuss the matter there.

Then complete silence from them for over a month.

 

 

they started phoning again.

also ignored them again.

I did previously explain to them that I would only deal with this matter in writing.

 

received a letter from them as though none of the above had taken place

and they had just begun the whole procedure from the start.

I ignored them this time

 

 

today I received a letter from Bryan Carter Solicitors stating I had to contact Fredrickson International straight away to avoid costly legal proceedings and of course they outlined what all this would cost and how extra fees would be added to my account.

 

Now I am not one who is ever panicked by any of this and I am still not worried about it at all

however, I wondered should I write back to this Bryan Carter, whom I believe is actually part of Fredrickson International?

Or should I write direct to Fredrickson International?

I can still only afford the £50 per month and they had refused this before so would welcome some advice on which way to proceed.

 

Thanks in advance

 

DS

[fkofilee]

Bryan Carter is a solicitor who simply issues claims on behalf of DCAs - if a defence is entered, the Claimant will take the claim back and use their in house litigation team.

 

Dont let them try it on with you and good one for saying your not worried, itll help you keep a good frame of mind for dealing with this

Edited September 15, 2013 by citizenB

[ashmk]

I would just pay Cap 1 their £50.00 a month that you can afford and ignore everyone else. They are unlikely to take action if you are making payments and if they did the judge would question why they have taken action when you are clearly paying what you can afford. They know this which is why I think it would be unlikely.

[Ds3Sport]

Thanks.

 

 

I think I have done everything that is required of me including making a sensible and attainable offer of payment.

 

 

I'm just wondering, under those circumstances what exactly can they do?

To me it makes no sense to refuse an offer of payment even if it's not that big.

Surely something is better than nothing and I will most definitely increase it as soon as I can.

The sooner I am rid of this lot the better.

 

Didn't see your reply there Ash.

Capital One refuse to take my payment.

They have closed my account.

 

 

I suppose I could just log on to the Fredrickson International web site and start paying £50 per month there whether they like it or not?

 

 

As you say, if a judge sees I am actually making payments then what can they do?

[Sidewinder]

You could also just set up a standing order to (preferably) CapOne or Freds - just use the details on one of their letters.

 

You could also CCA Freds to make sure that they actually have an agreement that would stand up in court proceedings. If the paperwork is missing you can then pay precisely what you can afford knowing that they would struggle make a claim. Watch Bryan Carter though as they do tend to issue claims on a speculative basis and worry about paperwork later.

 

What about PPI on the account that you could reclaim? Unlawful penalty charges? You might be able to get the balance down considerably before thinking about a reasonable payment schedule.

[ashmk]

Looking on the back of my Capital One statement their account number is 81077082 and sort code is 40-02-50 and they say to use your Capital One card number as a reference. So you could always try just paying them like that.

 

But please verify that Capital One account number yourself before making a payment. They are on the back of your statement. I don't want to be blamed for a wrong number.

 

Try sending a few quid first to see if they react to it in a positive or negative way. Or give them a call in a few days and ask if they got payment.

[silverfox1961]

While that is a potentially a good idea, I would make further checks first.

IF Cap1 have closed the account and sold the debt to freds, there may not be a live account to go with the debt owed and as such any payment may get lost within the 'system'

 

If, on the other hand, Freds are collecting on behalf of Cap1, the account is likely to have been suspended rather than closed and as such payments made to Cap1 would reach the account.

 

I think we need to OP to clarify. If letters from freds state 'Our client' then it is likely they are collecting on behalf of Cap1.

 

Also, if Freds are collecting on behalf of Cap1, they cannot take legal action in their own right.

They have to refer back to Cap1

[Ds3Sport]

Ok to clarify. The last letter I had from Fredrickson stated "Our Client" Capital One. That was on the 27th August.

 

I then received a letter from Bryan Carter Solicitors which was identical in every respect apart from the logo, again stating "Our Client"

 

So i would assume they are still acting on behalf of Capital One rather than having bought the debt and pursuing it themselves?

 

I don't mind paying out money but I don't want it going into some black hole.

 

By the way. Just tried to log into my Capital One account and it says my access to the online account has been changed and to call a number.

 

DS

[SWLABR9]

I wouldn't call that number. If I wanted to know what was going on I'd write to Cap1 and ask. It's important to keep everything in writing.

[ashmk]

Send them a quid then call them in a few dasys to see if they got payment.

[SWLABR9]

That would be callling them and there'd be no record of what was said. It's important that communication is written so records are kept, for your protection.

[citizenB]

You should establish for sure if this account has been sold/assigned or if Frederickson is merely acting as a collection agent.

 

Send the letter below, with the appropriate account information completed and wait to see what their response is. The letter should go to Frederickson's Head /Registered Office which should be on their letter head.

 

Both attachments are the same letter - one in word - one in pdf format. Send by recorded delivery.

[BRIGADIER2JCS]

send them a quid then call them in a few dasys to see if they got payment.

 

why?

 

Do not do this!!!

[lutin]

+ 1 Brigadier

[Ds3Sport]

Old thread but thought I would update it with where I am at now.

 

Since no one seemed to want to accept my offer of payment I just ignored the whole matter and carried on with my life.

Every 3-6 months I would occasionally receive a letter with the same stuff, costs, court action blah blah blah.

 

Eventually I moved house and didn't hear from anyone for about 8 months.

Then I got a letter from Lowell saying they had "bought" the debt and were now pursuing it.

Usual demand for payment which I again ignored.

 

This morning however I had a County Court Summons pop through the letterbox.

This is a different ball game and whilst I'm not exactly worrying about it I do know this one cannot be ignored.

 

I intend to dispute it which will give me another month or so

but I think inevitably I am going to have to pay up.

The total amount is now £4944 incl costs.

 

 

Can't pay it all at once of course so some payment agreement will need to be put in place,

which of course I will not be able to default on.

 

Sad thing is this will now result in a CCJ when if they had accepted my offer right at the beginning none of this would be happening.

 

 

I'm not trying to say it's anyone's fault but my own here.

I owe the money, I need to pay up.

But it's so easy to get into these situations, especially these days when people's income is under real pressure.

 

Apart from paying in full I cannot see any way of avoiding this CCJ.

[BazzaS]

Calderbank offer, leading to a Tomlin order.

Offer (without prejudice) to pay the full sum, but over a period

 

A CCJ would likely be due forthwith, but you could apply to the court's to vary the amount. Hint that you would find extra funding to pay them quicker if they accepted your offer and didn't go down the CCJ route, and that you would defend the claim if they don't accept)

[dx100uk]

moved to legal forum

 

who said it will result in a CCJ?

 

can you fill this out please

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

[Ds3Sport]

Name of the Claimant ? Lowell Portfolio I Ltd

 

Date of issue – . 22nd July 2016

 

What is the claim for – the reason they have issued the claim?

 

1, The defendant entered into a Consumer Credit Act 1974 regulated agreement with Capital One under account reference xxxxxxxxxxxxxxxx ('the Agreement').

2, The Defendant failed to maintain the required payments and a default notice was served and not complied with.

3, The Agreement was later assigned to the Claimant on 31/03/2014 and notice given to the Defendant

4, Despite repeated requests for payment, the sum of £4,332.97 remains due and outstanding

And the Claimant claims

a) The said sum of £4,332.97

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0,950, but limited to one year, being £346.64

c) Costs

 

What is the value of the claim? £4679.61

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Capital one Credit Card

 

When did you enter into the original agreement before or after 2007? Before 2007, not sure the exact date but I have a feeling it might have been 2005

 

Has the claim been issued by the original creditor or was the account assigned

and it is the Debt purchaser who has issued the claim. Lowell

Were you aware the account had been assigned – did you receive a Notice of Assignment?

They say I did receive notice but I was not aware of it.

Letter may have gone to my old address and not been forwarded. Can't say for sure.

 

Did you receive a Default Notice from the original creditor?

I did at the time it went into default which I think would have been 2013

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Got behind with payments and income had dropped. Made offers of payment which were refused.

What was the date of your last payment? August 2012

 

Was there a dispute with the original creditor that remains unresolved? Only in terms of the default.

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a plan to pay? Yes I did.

I maintained communication, explained my situation

but they refused my offer of £50 per month,

suspended my account and passed it to a debt collection agency.

 

I hope that answers all the questions but if you need more information please let me know.

[dx100uk]

Thank you

ACK (AOS box) the claim on the mcol website

Defend all

Leave jurisdiction unticked

 

Get a CCA request running to the claimant

And a CPR 31:14 running to the sols

 

Dx

[Ds3Sport]

Many thanks. I'm just wondering what my defence is going to be?

Or is that just to lengthen the time before a judgement is entered?

[dx100uk]

judgement?

they'v gotta prove their case first

if they provide no paperwork in relation to your CCA/CPR

twill be the holding/no paperwork defence

in 1000's of threads in this forum

you need to get reading and get upto speed.

 

get that post done

 

then whatever you do

you don't miss your defence filing date [day 33 from the date on the claimform]

[SWLABR9]

In lay terms, kind of, Crap1 can't do anything because they can't prove you ever had any lawful agreement with them.

I'll stress that lawful bit, by which I mean something which can be taken to a court of law.

 

Because of the age of the agreement, they've probably only got a photocopy of the front of it,

instead of having the whole thing which they'd need to have in order to take you to court.

 

they threaten you for a while, hoping to bluff you in to paying,

then when that doesn't work, they sell the alleged debt to Lowell, who then carry on in the same vein.

 

When this happened to me I asked Lowell for copies of the relevant paperwork,

ie copy of the agreement etc, which of course they couldn't provide so they dropped it, zeroed it in fact. Over 4k It's gone from my credit record too But you ignored Lowell just like you ignored Crap1 so that's opened the door for them to try taking you to court.

 

Your defence, I believe, is going to be Lowell can't produce any paperwork to establish you ever had any agreement with Crap1 or anybody.

 

I imagine when you enter that, they'll fold. Listen to DX and Citizen B as they've been here a good long while and they know what they're doing.

 

Ignore anyone who talks about paying these people, they're [problem]mers. That's my advice

[Ds3Sport]

Thanks guys, really appreciate the help and support.

 

I know I got myself into this and it's definitely a lesson learned the hard way

but it certainly helps to hear from people who have been through the process.

 

I have acknowledged the claim online and chosen to defend the whole thing.

Just need to get on with the other parts of the process now, which I will do today.

 

Oh just one thing. The solicitor on this claim is Lowell Solicitors Limited and they only have a PO Box as an address. I assume as such I can't send the CPR 31.14 request by recorded delivery. Perhaps I just get proof of posting instead?

[Old Cogger]

send it to Lowell Solicitors at the main Lowells address Recorded Delivery and keep copy, it gets on the system from there.,, they have solicitor in the main office, i did it works reply within 6 days:-

 

Lowell Group Solicitors,

Ellington House

9 Savannah Way,

Leeds Valley Park West

LEEDS

West Yorkshire

LS10 1AB

[Ds3Sport]

Ok will do, many thanks.