Lowell Capital One debt

[Mitch2nd]

I have received a court judgment via the Northampton court, saying that I had not responded to them previously so they have made a judgement in favour of these people.

This is the first letter I have had in the three years since I have lived here.

This is a very old debt which I cannot afford to pay as I lost my job and wrote to Cap One way back to let them know and make a token offer of payment (in 2008) they never replied and I sent two further letters, after that I did not bother.

I am now in work, but my partner is disabled and cannot work, so my wage is all that coming in, we live in rented (private) my wage barely covers our outgoings, I have no savings or assets.

I am unsure what to do, I have received a letter from Drysdens solicitors saying that I have to pay the full amount £12K, but I cant and wont, as they ignored me all those years ago

Can you please advise?

[Diana M]

Re: Lowell Capital One debt

If you didn't receive the court summons then you may be able to get the CCJ set aside if you can also demonstrate that you would have had a reasonable (not definite) chance of successfully defending the claim if you had been given the opportunity.

So first things first.

When (what year) did you open the Capital One credit card account?

When did you last make a payment and was that the monthly contractual payment or a token payment or through a DMP etc? Was that offer you made in 2008 the last time you paid Capital One?

The Claimant is Lowells but the solicitors are Drydens not Lowells solicitors- is that correct?

Sorry for all the questions but it's necessary to get the full facts

Di

[Mitch2nd]

Re: Lowell Capital One debt

Not a problem happy to answer anything.

I am that upset that I have the info wrong its a company called Capquest! (I thought it said Cap One apologies) that has brought the action and drydens are their sols, so I have no idea what debt they are talking about (my ex wife had some debts)

So I am unable to verify the date, if it does turn out to be Capital One, its probably was taken out in 2001 ish

Sorry its a bit vague

- - - Updated - - -

Not a problem happy to answer anything.

I am that upset that I have the info wrong its a company called Capquest! (I thought it said Cap One apologies) that has brought the action and drydens are their sols, so I have no idea what debt they are talking about (my ex wife had some debts)

So I am unable to verify the date, if it does turn out to be Capital One, its probably was taken out in 2001 ish

Sorry its a bit vague

[Diana M]

Re: Lowell Capital One debt

I am that upset that I have the info wrong its a company called Capquest! (I thought it said Cap One apologies) that has brought the action and drydens are their sols, so I have no idea what debt they are talking about (my ex wife had some debts)

So I am unable to verify the date, if it does turn out to be Capital One, its probably was taken out in 2001 ish

Sorry its a bit vague

Back to the drawing board

You (in your own name) have a £12k Default Judgment (CCJ) from Capquest (the Claimant) who had instructed Drydens Solicitors to act for them. This CCJ appears to have been because you didn't respond to the claim (i.e. file an AOS or Defence before the deadline).

You say that you didn't receive the County Court Summons at your current address but you did receive a copy of the Judgment (by Default) at your current address.

You say you have never corresponded with neither Capquest (the Claimant) nor Drydens (the solicitors acting for Capquest).

You don't recognise the debt which this claim was based on.

You say your ex wife had/has debts but the claim (and subsequent CCJ) is not in her name.

You have absolutely no idea who the original creditor was - presumably because you didn't receive the claim form which may/may not have stated that in the POC.

Have I got things right so far?

Di

[Mitch2nd]

Re: Lowell Capital One debt

Hi Di

Yes that is spot on, I have written to Drysdens today, informing them that I had not received any summons etc and to send me full details of who Capquest brought this debt from and full statements, I felt I had to do this as with having a disabled wife I dont need people knocking on the door, frightening her.

It I had received a summons I would have defended it having a CCJ has now put my job in jeopardy due to the industry I work in (at the very least I will not be able to go for promotion) and I have had to pull out of another job I was applying for (that I have passed the first two stages) as you cannot apply with a CCJ and it would have been a job that could have helped a lot with our financial situation as my wife cannot work.

Thanks

[Diana M]

Re: Lowell Capital One debt

Contact NCCBC direct (they sent you the Default Judgment with the case reference number on it didn't they?) and ask for a copy of the "Case Details".

This will be a printout from their database showing the Particulars of Claim so you can see for yourself who claimed what and why.

Phone them and/or email. The court closes tomorrow (Friday) for a few days for the Christmas Bank Holiday.

Di

[Mitch2nd]

Re: Lowell Capital One debt

Hi Di

Thank you, I have sent them an email and recorded letter so hopefully I will get something back soonest

Many thanksmashappy:

[Mitch2nd]

Re: Lowell Capital One debt

Hi I have a bit of an update

I have today received letters from the Court and Cap Quest.

The court are asking me to pay £255 to have it set aside, 1st I cannot afford this and dont have the funds, I dont think I should pay this as I did not receive any advanced notice to defend and I am sure I would not have to has pay to defend.?

I wrote to the Solicitors, they have obviously sent this to Cap Quest, they have responded saying they have gone back to Capital One with my query
and will get back to me in 28 days (so I now know its Capital One). In the CapQuest letter the debt is showing as £10,200.00, which they will never be able to collect anyway as I dont have the money and I dont have any goods either as I moved in with my partner after I lost my job in 2007, which came with a fully furnished house, so I have only my clothes, all the rest belongs to my partner, I came empty handed, even my car was a company one which of course went back also, the house is rented also.

So I am unsure what to do with the court, do I wait or get back to them ASAP?

Thank you

[Diana M]

Re: Lowell Capital One debt

Has the NCCBC agreed to send you the Case Details and a copy of the Default Judgment by email? There shouldn't be a charge for this.

I think it makes sense to establish as far as possible whether you would have a potential Defence to the claim if the CCJ were to be set aside. What do you know about the Capital One credit card, such as when the account was opened?

You may be entitled to fee remission if you are on benefits or low income which means you would not have to pay the £255 application fee.

Cross each bridge as you get to it

Di

[Mitch2nd]

Re: Lowell Capital One debt

I honestly cannot remember when I opened the cap one card, I am not even sure if it started out as another company and they took over the business !(2001? maybe), I know it was when I was at the top of my profession and earning a lot of money, and they keep increasing my limit.

When I lost that job I wrote to all and told them that I had lost my job, I wrote a total of three times and those that did not reply after three times I did not waste my money writing again. the court did not send me anything other than a letter telling me to pay £255 to have it set aside, so I will write to them again, they wont answer my emails.

Thank you for your help to date. I will move to the next stage

[Mitch2nd]

Re: Lowell Capital One debt

Hi Di

I have just been looking at the letter from CapQuest and it says on their letter very clearly that they purchased the debt from Capital One ( which means it will have been at something like a 70% discount), so why would they write to me telling me they have gone to Capital One for further information? this is very confusing to me. surely they would have all the information they needed before they buy a debt? :-(

Thanks

ian

[MIKE770]

Re: Lowell Capital One debt

they purchase a name and an amount of debt by the 1,0000ssss

[Mitch2nd]

Re: Lowell Capital One debt

Hi Di

I have written to Capital One, who tell me they sent me a default notice 1/9/2009, which I never received as I have moved around quite a bit chasing work. They also tell me I made a payment in 2012, which I dont remember doing, does this mean the Statue Barr cannot be considered, if this was the case? They are sending me proof of this payment.

If it does can I not get the judgement set aside any way as I was not able to defend the case? and what other action should I take please?

The FCA are telling me if capital one did not tell me they were selling the debt, this is against their rules, does this have any bearing on this?

I have no money and I am on low wages.

Thanks

Ian

[nemesis45]

Re: Lowell Capital One debt

Hi Di

I have written to Capital One, who tell me they sent me a default notice 1/9/2009, which I never received as I have moved around quite a bit chasing work. They also tell me I made a payment in 2012, which I dont remember doing, does this mean the Statue Barr cannot be considered, if this was the case? They are sending me proof of this payment.

If it does can I not get the judgement set aside any way as I was not able to defend the case? and what other action should I take please?

The FCA are telling me if capital one did not tell me they were selling the debt, this is against their rules, does this have any bearing on this?

I have no money and I am on low wages.

Thanks

Ian

Hi Ian,

What is the default date not the date of the default notice?

nem

[Mitch2nd]

Re: Lowell Capital One debt

Hi Nem

I am not sure, I will ask, does that make a difference?

Thanks

Ian