County court papers received out of blue from lowell

[Scigal]

Hello, the kind folks over at MSE sent me to you guys, I'm worried out of my mind right now.


Post just arrived.theres a county court claim from Northampton. Claimant is lower portfolio, on behalf of capital one credit card.


The claim is over £1000. I haven't used a CC in years, I'm am 99% certain i don't owe anything. I have had no letters before action, absolutely,nothing to suggest I would get court papers.


I don't know what to do. My credit rating according to creditexpert is excellent.


Please help


I havent had a. CC in 10 yrs, not sure ive had one with Cap1. If so then it would have been around 2000 when I was a student and would have been in my maiden name.

[Scigal]

Re: County court papers received out of blue from lowell

Thanks x


oh cripes, so this isnt the same as striking it out then. The judge said if they provide a good reason for not turning up. Dear me

[Nibbler]

Re: County court papers received out of blue from lowell

Pleased for you.

Not sure SB can kick in now, as the time limit is for "bringing action", and it has already been "brought", although said action is now in limbo as you say.

Sure someone can check that for you.

[Scigal]

Re: County court papers received out of blue from lowell

Its such a relief! Im sad that they still,have a hold though, they could start this ip in years something!! That said it hopefully thenSB will kick in now

thank you!!



March i take away his freedom, poor sod!!

[Amethyst]

Re: County court papers received out of blue from lowell

Yes they are, completely. Well done you, Congratulations Hopefully that'll be it, but shout if you hear from them again.

And congrats on the pending nuptials (presumably else it'd be a bit weird buying a dress !) xxxxxxx

[Scigal]

Re: County court papers received out of blue from lowell

The waiting in court was agonising. It got close to 2pm and they were nowhere to be seen. I had my heart in my mouth, half expecting them to swing the door open at 2.01. But alas they didnt.

they didnt turn up so the judge (who didnt raise his eyes to me at all) dismissed the case.

but he said they can restart it if they wish and there was,no timeframe on this.

so i won, but im in limbo land for the forseable ,.,


Then i went i to BHS to look at their sales and bought my wedding dress!half price and i aksed for another 10% discount. To top it off its a smaller size

thank you all for your help!! Spineless bastards arent they

[Scigal]

Re: County court papers received out of blue from lowell

Its difficult to know if they have even realised the dates or not. Their defence doesnt say anything about payment, only about the last two fake payments.

[Amethyst]

Re: County court papers received out of blue from lowell

Because they are idiots and do it with everyone seemingly just in case.

[Scigal]

Re: County court papers received out of blue from lowell

Hiya,

no i have spoken to them, nor did i receive the expenses.

Why would they go through the trouble of making up payments if there had been a genuine one?

[Amethyst]

Re: County court papers received out of blue from lowell

Sorry Scigal, I know it feels like backing down a bit. Wait till they pay your expenses, then callto acknowledge receipt,,,, it's a decent opener to the conversation. Ask if you can have a conversation with them without prejudice, and I'd go along the 'busy at work / no time off to deal with this further' line 'despite being errors with their documents and no default notice', did they want to save time and costs by negotiating a Tomlin order for settlement at a sensible discount. Sort out your IE so you don't get bullied into anything you can't afford - try get the amount down to what you feel it should be (which I think was about £600?) and play it by ear...

Did you try speaking with them at all ?

And did they pay your expenses in the end?

[Scigal]

Re: County court papers received out of blue from lowell

Been onto the bank, it was not SB by a few weeks. Im Screwed.

[Scigal]

Re: County court papers received out of blue from lowell

Well all is submitted, ive done my best and now i have to hope on friday the judge takes pity on me and throws this BS out!! Im dreading it big time.

[Scigal]

Re: County court papers received out of blue from lowell

I also think the notice of assignment letter is fraudulent, purely because the letters i sent them in may 08 were not to some made up company, they wrere to lowells, its exactly how i saved the file '1st letter lowells may 08' for example. Then the 2nd and follow up letter. Convenient that they claim the notice of assignment was months afterwards!

[Scigal]

Re: County court papers received out of blue from lowell

Hi folks, i know its a sunday but is anyone around to help put the last of the skelly together please? I need to email it off as soon as i can, it was due on friday Thanks xx

[Scigal]

Re: County court papers received out of blue from lowell

Indeed,

so do you want to list briefly the defence points you have now then we can work on the skeleton

All I can think of extra top add in is:

1)didnt follow judges orders again on the payment for expenses

2)the two last payments are fake, and i have bank statements to prove this

3) not signed in solicitors real hand, and its supposed to be

4) account was in default so shouldnt have tried to enforce anyway

5) half of what they are claiming is made up of bloody bank charges!

id like them to strike it out ideally. its a pile of stink tbh, they havent done legally what they are supposed to do, and just keep sticking two fingers up to the judge. im amazed he's allowing this, but i liked the judge i hope its the same one. i imagine he could tear you to pieces, as long as its not me!