Lowell Capital One debt

[nemesis45]

Re: Lowell Capital One debt

Hi Nem

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

Thanks

Ian

Hello Ian,

Capone has a habit of leaving delinquent accounts dormant rather than defaulting when the payments cease.

Capital One will have sent a Notice of Assignment and suspect that the debt purchase would have done so as well. I guess this what the FCA is talking about.

The 2012 payment reset the 6 year stat barred clock back to zero.
You can still make an application (fee payable ) to have the judgment set aside, but you will also need to have a defence to the original claim that has reasonable chance of success.

What is Lowell's current activity level?

nem

[Mitch2nd]

Re: Lowell Capital One debt

Hi Nem

they sold it to Capquest not Lowells that was my mistake when I set up the thread.

Capquest has put it on hold while they await info from Cap One, I have contacted Cap One direct as I never received any notices, I dont even know who made a payment in 2012 as it was not me so they are sending me that info also,

In 2009 I lost my job and wrote to creditors like Cap One, I sent a total of three letters to each of them, if I did not hear from them after that I did not send anymore letters as I believe that was reasonable and I was not going to keep writing.

cheers

Ian

[nemesis45]

Re: Lowell Capital One debt

Hi Nem

they sold it to Capquest not Lowells that was my mistake when I set up the thread.

Capquest has put it on hold while they await info from Cap One, I have contacted Cap One direct as I never received any notices, I dont even know who made a payment in 2012 as it was not me so they are sending me that info also,

In 2009 I lost my job and wrote to creditors like Cap One, I sent a total of three letters to each of them, if I did not hear from them after that I did not send anymore letters as I believe that was reasonable and I was not going to keep writing.

cheers

Ian

OK Ian Crapquest's on hold does not affect court processes so make sure you keep the set timescales.

I would send Capone a CCA request.

nem

[Mitch2nd]

Re: Lowell Capital One debt

Hi Nem

Sorry CCA ?

Thanks

Ian

[Diana M]

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?

Okay so you've made some progress with your research

At the moment you have a CCJ and you're looking for reasons to persuade the court that you would have the likely prospect of defending the original claim if the judgment were to be set aside.

You think the debt might have been Statute Barred when the claim was issued but Capital One (the original creditor) has told you that a payment was made in 2012 which you don't remember doing. Capital One has agreed to send you the evidence.

In the meantime Capquest (the Claimant) has put enforcement of the CCJ on hold while you investigate. That's good to hear. This means there should be no bailiffs knocking on your door and no application for an Attachment of Earnings to deal with.

So wait for Capital One's proof of payment before you can decide whether a Defence of SB would hold up.

You are quite rightly looking for any other reasons to support your set aside.

You appear to have asked the FCA some questions. You understand that they told you that if Capital One didn't tell you they were selling the debt it would be against their rules. The FCA rules are not really relevant because you'd be using legal breaches not their Guidance to defend the claim (if you get that opportunity).

However they may have been referring to the need for a creditor to issue a Notice of Assignment when a debt is sold on.

Now that you have a CCJ the owner of the debt (Capquest) will tell you they are no longer obliged to respond and comply with any CCA Request.

Perhaps the best way forward is to send a Subject Access Request to Capital One so you get the full history of the account. If it were me I'd also send a SAR to Capquest to see what they did or didn't do right.

I hope this helps you to set off in the right direction.

Di

[Mitch2nd]

Re: Lowell Capital One debt

Many thanks for your response, could you just give me the full meaning of a CCA and SAR request, or do I just qoute these

many thanks

Ian

[Mitch2nd]

Re: Lowell Capital One debt

Sorry I have just seen what a SAR is thanks

[MIKE770]

Re: Lowell Capital One debt

CCA Request |

[Mitch2nd]

Re: Lowell Capital One debt

Hi Di

I am still waiting for information from both Capital One and Capquest, the courst sent me the below via email.

I have also been in touch with Stepchange which I thought wise, however their advice is not that useful, they have told me to fill out N245 which in my eyes means I am admitting the debt when I dont know if its enforceable yet and they told me to park my wifes car away from the house, which is a none starter as she is disabled and to hide stuff in the loft, I am disappointed in this from a group that is supposed to help people.

Does the below help any?

Best wishes

Ian

Good Morning,

Thank you for your enquiry.

Please find attached a copy of the judgment order.

Claimant: CAPQUEST INVESTMENTS LIMITED
Solicitors: DRYDENS LIMITED
Reference
Case details: 1. THE CLAIM IS FOR THE SUM OF £11,592.98 IN RESPECT OF MONIES OWING BY THE DEFENDANT ON A CREDIT AGREEMENT HELD BY THE DEFENDANT WITH CAPITAL ONE UNDER ACCOUNT NUMBER UPON WHICH THE DEFENDANT FAILED TO MAINTAIN PAYMENTS. 2. A DEFAULT NOTICE WAS SERVED UPON THE DEFENDANT AND HAS NOT BEEN COMPLIED WITH. 3. THE BALANCE OWED WAS ASSIGNED FROM CAPITAL ONE TO THE CLAIMANT, AND THE DEFENDANT HAS BEEN NOTIFIED OF THE ASSIGNMENT BY LETTER. CONTACT DRYDENSFAIRFAX SOLICITORS ON 0113 823 3850

[nemesis45]

Re: Lowell Capital One debt

Hi Di

I am still waiting for information from both Capital One and Capquest, the courst sent me the below via email.

I have also been in touch with Stepchange which I thought wise, however their advice is not that useful, they have told me to fill out N245 which in my eyes means I am admitting the debt when I dont know if its enforceable yet and they told me to park my wifes car away from the house, which is a none starter as she is disabled and to hide stuff in the loft, I am disappointed in this from a group that is supposed to help people.

Does the below help any?

Best wishes

Ian

Good Morning,

Thank you for your enquiry.

Please find attached a copy of the judgment order.

Claimant: CAPQUEST INVESTMENTS LIMITED
Solicitors: DRYDENS LIMITED
Reference: Y129727

Case details: 1. THE CLAIM IS FOR THE SUM OF £11,592.98 IN RESPECT OF MONIES OWING BY THE DEFENDANT ON A CREDIT AGREEMENT HELD BY THE DEFENDANT WITH CAPITAL ONE UNDER ACCOUNT NUMBER 0072141807 UPON WHICH THE DEFENDANT FAILED TO MAINTAIN PAYMENTS. 2. A DEFAULT NOTICE WAS SERVED UPON THE DEFENDANT AND HAS NOT BEEN COMPLIED WITH. 3. THE BALANCE OWED WAS ASSIGNED FROM CAPITAL ONE TO THE CLAIMANT, AND THE DEFENDANT HAS BEEN NOTIFIED OF THE ASSIGNMENT BY LETTER. CONTACT DRYDENSFAIRFAX SOLICITORS ON 0113 823 3850

That is not a judgment order it's a statement of claim.

Either they have made a " clerical error " ( not uncommon when seeking to stich up an alleged debtor) or this is a complete scam!

You need to check trust online ( The Registry Trust) which holds records of CCJ's there is a small fee for each address checked.

nem
nem

[Mitch2nd]

Re: Lowell Capital One debt

Hi Nem

This was what the Court sent me and the case details, which was suggested I ask for.

I am more concerned about the appalling advice given by stepchange, I am hoping to get the information from Capital one to see who paid them the money in 2012, as I have been to my bank and it was not me

Cheers

ian

[nemesis45]

Re: Lowell Capital One debt

Hi Nem

This was what the Court sent me and the case details, which was suggested I ask for.

I am more concerned about the appalling advice given by stepchange, I am hoping to get the information from Capital one to see who paid them the money in 2012, as I have been to my bank and it was not me

Cheers

ian

Hello Ian,

It is not a judgement there is a specific form a " General Form of Judgment or Order what we have here does not show that judgment was made.

Perhaps a SAR to Cap one would help see template in the green box at the top of the " court claim forum" it is a request for all the personal data a company holds on you there is a £10 statutory fee for this and the recipient has 40 days to comply it might pay to send one to stepchange as well

nem

[Diana M]

Re: Lowell Capital One debt

This was what the Court sent me and the case details, which was suggested I ask for.

That was my suggestion because in order to successfully get your CCJ set aside you need to know what was in the POC in the first place.

If you make an application for a set aside it should be accompanied by a Draft Defence.

You need the POC in order to know what the Claimant pleaded so you know what legal arguments you should include in your Draft Defence (and add some more of your own to make it fully comprehensive).

I told you to contact the court to get the "Case Details" which is what you did, and that's what you got sent.

There's no scam involved


(You need to remove the claim reference number and the Capital One reference number from your post to protect your privacy.)

Di

[Diana M]

Re: Lowell Capital One debt

Perhaps the best way forward is to send a Subject Access Request to Capital One so you get the full history of the account. If it were me I'd also send a SAR to Capquest to see what they did or didn't do right.

It seems that you have sent a SAR to Capital One as I suggested earlier on your thread. That should help you to resolve the phantom payment issue.

Did you also send one to Capquest?

Di

[Mitch2nd]

Re: Lowell Capital One debt

Hi Di

Yes I sent one to Capquest and their solicitors so they cant say I have not tried to get one, so far nothing from either of them

With reference to Stepchanges advice saying I should fill out the N245, is as I think not a good idea at this stage?

thanks

Ian