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N244 allocation hearing tomorrow - HELP!!!! :o


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Hi everyone,

 

Just to let you know, I am an avid (addicted!) reader of this forum and think it's fantastic that people are sticking up for themselves and reclaiming their rights.

 

I have had a CCJ registered against me for 4-5 years now due to not receiving the paperwork from Capital One and moving addresses. one thing has struck me today however..

 

on my credit file, the limit is £200, yet the amount 'due' is £560

does this mean £360 of this was charges?

 

as-well as this, the account was passed on to Lowell Portfolio ltd. after CCJ issued and I entered into a payment plan to pay them £50 a week on a balance of £442 a few months ago which has now been paid - for the same debt... (their client is Capital One and I only ever had 1 account with them)

 

now, does this mean that the CCJ is satisfied as it is the same debt... even though the amounts differ?

 

Also, who would be required to send a certificate of satisfaction as CapOne passed on the debt after recording a CCJ against my name, so is it the old owner (capone) or the new owner (lowell) that does this?

 

(of course, the certificate of satisfaction may not be needed if the N244 case allows the CCJ to be set aside...)

 

sorry if im being dense, some topics on here make my mind spin, i'm not cut out for law it seems! ;)

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I am disputing a CCJ on my file from Capital One bank for the reason of not receiving the summons (or any communication from the court) apart from harassing letters from Lowell Portfolio trying to reclaim the £200 monies owed from the card & £600 charges. :o

 

I have just checked my credit file as I have started becoming interested in such things and found a CCJ registered from them. I have since repaid all monies to Lowell, what do you think I should say to the judge (was not expecting to have to go to court to make a case in person) and do you think this reasoning will be good enough to get the CCJ removed?

 

Also would capOne just re-apply for it even though it's been paid off? :confused:

 

I am hoping the judge will not hold it against me too much that it took me so many years to make payment as growing up I have always been in financial difficulties until quite recently upon graduating.

 

help!!! :shock:

 

Thanks!

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I am under the impression you can file an N244 in the case of not receiving the summons and/or judgement and can therefore get it put aside (tho there is nothing to stop the company filing it again - however it has now been paid so my hope is that they wont or can't)

 

Is that right?

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If the 1st CCJ was issued and paid (in which the defender cleared the debt claimed) I don't see how it could ever be recalled. As this would prevent the argument that the cause of the action was unknown, and that since payment was made, it had been discharged.

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If the 1st CCJ was issued and paid (in which the defender cleared the debt claimed) I don't see how it could ever be recalled. As this would prevent the argument that the cause of the action was unknown, and that since payment was made, it had been discharged.

 

At the time (5 years ago) I didn't receive a summons or any paperwork from the court so therefore did not know of the CCJ or be able to either defend or pay it off within 21 days to prevent myself getting a permanent mark on my file. If i'd known of the hearing I could have put an argument in about excessive charges (600 pounds on a 150 pound credit limit) or made the payment with help from my parents.

fast forward 4-5 years, I get a copy of my file and see a debt to lowell which I promptly pay off but think the judgement should be set aside due to being unable to defend it.

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Doin't misunderstand me - the system stinks, but since the primary reasons for disputing are no knowledge, and action to re-run the case is worthwhile. Paying off the judgement could be argued as agreeing with the judgement and settling it. Since it was 5 years ago, it'll drop of Registry Trust's database within the year anyway.

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If it was me, I'd treat it as a closed issue and concentrate of the current one - unless they are somehow related and it would disadvantage you position. (It's invariably assumed you've not had a problem before, so raising it can sometimes (unfairly) work against you in the eyes of a judge).

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Hi

Does anyone have a similar problem or know how to resolve it?

 

I have an incorrect address linked to my credit file at somewhere I have never lived. What can I do about this?

The name matches mine but the address is incorrect, I believe the source is the electoral roll.

 

Thanks for any help!

Dan

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Dan,

 

You could contact the CRA, and explain that they have the correct name but the wrong address on a linked address.

 

You can also contact your local authority & explain that they have you registered at the wrong address. I am sure if you can prove the error, they should be able to correct it.

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  • 2 weeks later...

Hi Everyone,

 

I recently asked Capital One for a copy of my signed credit agreement under the CCA. I am (or was) trying to achieve a removal of the default from my credit ref file, they have also put a CCJ on my file. I received none of the default notices under the agreement so asked them to provide them along with the signed credit agreement. Turns out they have sold the debt to Lowell portfolio, which I then in-turn paid, but CapOne have still registered the CCJ and in their reply say that money is still oweing, see attached.

 

I received this today in reply:

 

 

Thank you for your letter requesting copy documents for your account.

 

You requested copies of the executed credit agreement and a statement of your account under section 78 of the Consumer Credit Act 1974.

 

Please find enclosed a copy of the signed part of your credit card agreement together with the full terms and conditions, which together form your agreement.

 

Your account is in default and the amount currently due and payable is £442.25.

 

actually it's not - it was sold to Lowell and paid.

 

You requested a copy of the default notice we issued on your account. Under section 78 we are not required to provide a copy of the default notice is this trie? what section 78 are they talking about? and statement of default. However, we can confirm that a default notice was issued on 27 December 2002 and a statement of default was issued on 16 January 2003 in the sum of £514.

 

£200 credit limit - could this be a claim for unfair charges also?

 

For your records I have included templates of the default notice and statement of default. These are identical to the letters that you were sent, without the specific details of your default, which is stated above. I also enclose a screen print of your account records confirming the dates the default notice and statement of default were issued.

 

You also requested a copy of the deed of assignment. Under the terms of the credit card agreement, whilst we are entitled to transfer our rights and benefits under the agreement, we are not required to provide you with a copy of the document between Capital One and the purchaser. However, in order to assist you, I've arranged for a copy of the notice of assignment, which you should already have received advising that your account and the outstanding debt has been sold to Lowell, to be sent to you.

You should receive this within 14 working days.

 

I trust this information will help with your enquiries.

 

Yours Sincerely

etc...

 

There is several things I would dispute here..

 

One being - as they cannot provide the default notices does that not mean that they can be considered to be not sent regardless of a note on a screen grab that says they were sent. I have no recollection of ever receiving default notices.

In their own T&C's, it states:

 

S15. Default. If (i) you do not pay at least the monthly payment on time or (ii) you go over the credit limit on your account or (iii) you break any of the other conditions of this agreement, or (iv) you made any statement when applying for this agreement which is false or misleading in a material respect, or (b) you die, or (vi) a bankruptcy petition is presented against you, or (vii) you make arrangements with your creditors for a compromise about how much you will pay them (sometimes known as a voluntary arrangement or a compromise with creditorsw), then if any such breach is irremediable or material or has been persistantly committed by you, subject to sending you a default notice we may close your account and demand immediate payment of the outstanding balance. We will give you at least one months notice to put right any remediable breach.. Where this agreement incorporates an introductory interest rate, such rate may cease if you commit any breach referred to above or on expiry of the period for its remedy, if later.

In addition to our other rights under this agreement, we may at any time restrict or defer your right to borrow further amounts under this agreement and take such steps as are necessary to make the restriction or deferment effective. We will normally only do so if we consider the repayment of the outstanding balance to be in jeopardy. We will notify you of our action as soon as possible.

 

Is there anything I can do in this situation to get my default / CCJ removed?

I have fully paid Lowell, who's responsibility is it to at the least mark this as satisfied, Lowell are saying CapOne as they were the ones that registered it.

 

and finally...

 

I would never have missed payments if it were not for the ridiculous amounts of charges placed on my account. I even put it to them that I would not be able to make minimum payments with all the charges (which constantly piled up with being over the credit limit) but they refused to freeze any charges. Can I use this as a defence somehow?

 

I was naive and too young for a credit card but I do not believe I was completely irresponsible as if they had been more understanding and froze any charges until it was paid off I wouldn't have been in the situation.

 

I realise I am probably grasping at straws but any help would be much appreciated.

 

Thanks

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Hi Dan

 

I suggest that you read the following link which you can find in the Legalities section of this site (on the home page where you can also find FAQs, Templates, etc) How To Get Your Default Removed.

 

Cap One are trying to fob you off when they say that they are not required to provide you with a copy of your default notice; they are! Even if the debt is passed on to a third party (in your case, Lowells a DCA).

 

There is a process to follow, and in the Legalities section you will also find threads on this subject which should prove helpful and informative.

 

I'm just beginning the process of requesting 3 defaults removed myself, so we are in the same boat mate and my guns are blazin' ... ;)

 

HTH xxx

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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Thanks I'm reading it now.

 

Does the fact they have sent me a standard template letter count for anything?

 

I tried to get the CCJ removed with an N1 stating I had not received a summons but the Judge stated that I had waited too long to do this.

 

Does that affect going after the default?

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This is my draft reply, any thoughts?

Cheers & good luck with yours

 

 

 

 

 

 

 

Date: 10th July 2007

Dear Sir or Madam

Further to your letter received today (10th July 2007) I intend to raise significant concerns over the data you have sent to me.

 

You quoted that my ‘account is in default and the amount currently due and payable is £442.25’ and that a statement of default was issued on 16th January 2003 in the sum of ‘£514’. You also later state in the same letter that the account has been passed to Lowell financial. I would like to inform you that the full amount has been paid to Lowell financial and no debt is owed to your company.

I would also like to bring to your attention the circumstances that led to the account going over its limit and this whole situation arising.

 

I acknowlege having a capital one classic card from the age of 18 and acknowlege going over the limit on one occasion (only to the amount of a few pounds) however, I would like to state for the record that the amount of £514 is £314 over the limit of the credit card at the time. That is £314 in penalty charges that have accumilated from one ‘over the limit’ charge.

 

I made contact with your company offering payment if the charges could be frozen because I was unable to pay them and they were accumilating month by month but your company refused (so much for responsible lending..) and being not in full time employment but full time education I did not have the funds to pay these fees. Your company then supposedly issued a default (which I can categorically state I did not receive) and led to a CCJ.

 

Your response to my request for a copy of the letter of default has not been met and it is your obligation under the consumer credit act by which your contract and account is regulated. If a default has not been issued then a judgement and debt enforcement cannot be made under this act. You provided me with a template document and nothing that specifically contains my information. I request a true and signed scan or copy of the origonal document.

 

Please also note that if these notices are not removed from my file (default , CCJ) I will be applying under the money claim court system for all unreasonable fees and an order to remove the markers from my file.

Yours faithfully

 

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Thanks I'm reading it now.

 

Does the fact they have sent me a standard template letter count for anything?

 

I tried to get the CCJ removed with an N1 stating I had not received a summons but the Judge stated that I had waited too long to do this.

 

Does that affect going after the default?

 

I'm gobsmacked about this ... doesn't sound right to me. check out this link Dan Defaults - a proposed method for removal and the full template letter it has lots of useful info for you to read and refers to removal of CCJs

 

You may have to start again with this but I really have no knowledge on this matter as I'm at the starting point. Sorry ... xx

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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This is my draft reply, any thoughts?

Cheers & good luck with yours

 

 

 

 

 

 

Dan, this letter looks good but you may, after reading the above posted link, wish to revise it. I would also strongly urge you to PM a Mod and ask them to move this thread to the Legalities section so that you can maximise the likelihood of receiving responses from others in the same position as you.

 

By the way, this is how to spell accumulate ... sorry to be pedantic! ;)

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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Thanks I will do (& good luck!)

 

Just out of curiosity your location says a Northern Town, I'm from Newcastle are you anywhere near there?

 

Just being a detective, any time i hear a hint of a local accent on the internet i always ask :)

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I filed against [email protected] One to get a judgement set aside (a judgement made years ago and I didn't receive any paperwork). The judge has set aside my motion and dismissed it due to it being presented in an 'un-timely' fashion and because I paid the judgement as soon as I found out about it (just recently).

 

Does this mean I can not pursue any other methods of default/CCJ removal, do I now have to wait the statuatory 6 years (2 left) for it to be removed?

 

:o

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Does this mean I can not pursue any other methods of default/CCJ removal, do I now have to wait the statuatory 6 years (2 left) for it to be removed?
I guess so (although someone will no doubt correct me if I'm wrong) unless you can recalim charges and do it as part of that - all the template letters have it as an option

Steven

 

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Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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so do you think I would be able to submit another small claims case dealing with the issue of charges and make it a condition of dropping the case if/when they try to negotiate that they remove the information on the file?

 

It wouldn't be in the same court so no chance of getting the same judge in the previous case..

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THat's what I'm saying. There is a caveat though - how does the amount of the default compare with the charegs you might reclaim?

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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I have taken some advice and submitted another N1 but this time disputing the amount of the CCJ (you agreed at the time the amount but now dispute it) using charges as a basis rather than my last (valid - but apparently not valid :p) argument of not receiving a default or summons.

 

ill keep you all updated!

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Hi all,

 

Is it possible to resubmit an N244 after a verdict has been reached by the county court judge?

 

The reason I ask is I asked for a judgement to be set aside on the grounds that I never received it (which is true). The judge said that she could not set aside the judgement as several years have passed since the judgement was made and I paid the judgement in full as soon as I found out about it (although it is still not marked as satisfied even!)

 

I am wondering if it is now possible to file an N244 based on accepting (at the time) the charges, but then learning of unfair penalty charges and using that as a way to try and get the CCJ removed (i.e. the credit limit was £200 on this capital one card, and the CCJ was for £560). I have recently moved addresses so I could request a different county court to try and avoid the judge that sat the last case.

 

Is it worth it? (I say that having already filed :o should have asked advice here first!!)

 

Here is the PDF of my claim, which I also believe could have been done better, maybe someone here could let me know what they think...

 

 

 

defendant: intends to apply for an order ( a draft of which is attached):

an order to set aside judgement.

 

because

I would have agreed with the full amount of the judgement at the time, but now only agree with part of the amount. The amount on the summons was mostly penalty charges - ?200 credit limit, and CCJ for ?560. I belive the amount was based on unlawful charges and therefore no longer agree to the amount

of the judgement entered

 

I (We) wish to rely on the following evidence in support of this application:

 

During the period in which the Account had been operating the Claimant had

added numerous charges to the Account in respect of purported breaches of

contract in regards to 'Late Payments', 'Over Credit Limit', etc.. on the

part of the Defendant and also charged interest on the charges once applied.

The Defendant will rely on the Competition Commission?s report entitled

'Northern Irish Personal Banking,' published on 20th October, 2006, as

evidence that the Claimant is aware that the income derived from its default

charges is calculated to generate material profits and is not merely a means

of recouping losses incurred in relation to Account defaults.

The Defendant will further rely on the Office of Fair Trading?s ('the OFT')

statement of 5th April 2006 concerning default charges in credit card

contracts.

The defendant thus contends that:

a) The charges debited to the Account:

i) are punitive in nature;

ii) are not a genuine pre-estimate of cost incurred by the Claimant;

iii) exceed any alleged actual loss to the Claimant in respect of any

breaches of contract on the part of the Defendant;

iv) are not intended to represent or relate to any alleged actual loss, but

instead unduly enrich the Claimant which exercises the contractual term in

respect of such charges with a view to profit.

b) Further to a) the charges debited to the Account are penalties rather than

liquidated damages. A charge is held to be a penalty if the sum stipulated

for is extravagant and unconscionable in amount in comparison to the greatest

loss that could conceivably be proved to have followed from the breach. A

penalty clause is void in its entirety and unenforceable.

c) The contractual provision that permits the Defendant to levy such charges

is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts

Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

d) In the alternative to 8.a), b) and c), if the Court finds that the charges

are not a penalty, then the Defendant contends that they are unreasonable

within the meaning of s.15 Supply of Goods and Services Act 1982

The Defendant seeks permission to proceed with the defence under section 32

(1)(b) Limitation Act 1980 on the grounds that the Defendant could not

reasonably have discovered the Claimant's deliberate concealment of the facts

relevant to the Defendant's right of action before the OFT?s report was

published on 5th April 2006.

 

 

So it has been submitted.

Ill admit I shamelessly pulled this from someone elses claim but had to trim it slightly due to number of characters allowed in the online form.

 

Does this make sense/seem okay?

 

I'm really worried about this one as its probably my last chance! help

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