*** WON *** Lowells Claim for Capital One Card

[Diana M]

Re: Lowells Claim for Capital One Card

almost as an afterthought she said "oh, wait a second, since this is being recorded I have something to add..."

. . . . went along the lines of "unnecessarily long and drawn out process, claimant repeatedly failed to comply with orders, defendant repeatedly put claimant to task to provide evidence which was un forthcoming, exemplary conduct from defendant, failure to attend..."

That's brilliant news! Well Done You

The DJ also sounds a bit scathing of the previous DJ who allowed the Claimant more time to get their act together which (a) they failed to do and (b) they disrespected the court by not even showing up for the occasion.

You may want to splash out on a transcript of her Judgment as a souvenir.

Di

[ADDLED]

Re: Lowells Claim for Capital One Card

Well done beagles!
That's a good idea - how much would a transcript cost me?
Also I had another letter from lowells suggesting I drop my defence. I read Private Eye so shall I write back and refer them to Arkell vs Pressdram?

[Diana M]

Re: Lowells Claim for Capital One Card

That's a good idea - how much would a transcript cost me?

It depends on the number of words. I've just paid around £60 for one which lasted about 15 mins talk-time.

While the judgment won't be case law as such (only upper court rulings are) it may be persuasive to another DJ in another case in the county court where the Defendant finds themselves in a similar legal position as you were in (depending on what she said of course). Did she refer to any legal arguments?

Di

[Diana M]

Re: Lowells Claim for Capital One Card

I had another letter from lowells suggesting I drop my defence. I read Private Eye so shall I write back and refer them to Arkell vs Pressdram?

It's tempting

I would post the exchange or correspondence but I believe this forum has a swear filter so here's a link for those who don't know the reference > http://www.lettersofnote.com/2013/08...pressdram.html

I hope you and your dog are enjoying your afternoon celebrations.

Di

[charitynjw]

Re: *** WON *** Lowells Claim for Capital One Card

With an Eye on reverse paraphrasing.
That's justice........enjoy the Xmas banana!
http://home.bt.com/news/world-news/m...11363982556292

[ADDLED]

Re: *** WON *** Lowells Claim for Capital One Card

Is it possible to get the Lowells default wiped off my credit file?

[nemesis45]

Re: *** WON *** Lowells Claim for Capital One Card

Is it possible to get the Lowells default wiped off my credit file?

The fact that a debt was not enforceable in court unfortunately does not mean it does not exist, it will be reported until the 6th anniversary of the default date.

Lowell did not originate the default and there usual response to requests to remove defaults from credit files is as said above.

It is also the fact that the Information Commissioners Office requires credit file to show an accurate and up to date profile of the conduct of an account.

You can certainly contact both Lowell ( Andrew Bartle) and Capone to see if they will agree to remove the entry as a "gesture of good will".

nem

[MIKE770]

Re: *** WON *** Lowells Claim for Capital One Card

do not hold your breath they no doubt stick to the rules/guidelines, do not try to be too clever.

[ADDLED]

Re: *** WON *** Lowells Claim for Capital One Card

Thanks Nem.
The thing is that Lowells have registered a default after they took over the file, so it is later than the original default registered by Capital One, so i technically have two defaults registered for the same alleged debt. I didn't think this was allowed.

Also, the Capital One default letter didn't give a date by which to remedy, so didn't comply with CCA 1974. Does that mean the default entry is incorrect?

Tks
ADD

[MIKE770]

Re: *** WON *** Lowells Claim for Capital One Card

No the O.Co. would of entered a Default = Lowells would only be able to change ownership but the original date stands, concentrate on the real matters.


Capital One defaults if incorrect do not tell them usfull court info

[nemesis45]

Re: *** WON *** Lowells Claim for Capital One Card

Thanks Nem.
The thing is that Lowells have registered a default after they took over the file, so it is later than the original default registered by Capital One, so i technically have two defaults registered for the same alleged debt. I didn't think this was allowed.

Also, the Capital One default letter didn't give a date by which to remedy, so didn't comply with CCA 1974. Does that mean the default entry is incorrect?

Tks
ADD

Hello Add,

Have you got screen shots of the credit file entries? How different are the default dates?

The ICO's view is that both the original creditors entry and the debt purchasers details should be shown side by side as it the true picture of the conduct of the account.

If it can be proved that Lowell altered the original default date significantly then it's open to challenge.

nem

[Diana M]

Re: *** WON *** Lowells Claim for Capital One Card

Capital One defaults if incorrect do not tell them usfull court info

The court claim has already been dismissed

Di

[MIKE770]

Re: *** WON *** Lowells Claim for Capital One Card

Opppsssssssssssss testing eep:

[Diana M]

Re: *** WON *** Lowells Claim for Capital One Card

Lowells have registered a default after they took over the file, so it is later than the original default registered by Capital One, so i technically have two defaults registered for the same alleged debt. I didn't think this was allowed.

No it's not allowed.

Only one creditor (the current one) can report on your CRA file (and the information must be accurate). I'm assuming you mean both Cap1 and Lowells are showing?

Is the Capital One default from more than six years ago or getting close to that ?

Di

[nemesis45]

Re: *** WON *** Lowells Claim for Capital One Card

Hello Adds,

The original creditors entry should be marked as "settled" after Lowell bought the debt, then Lowell should add its details as the new creditor but the default dates must be the same.


nem