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Hi,
was just planning on posting this in a general debt collection, until I noticed that Lowell have there own sub forum.
I sent off a N244 form last week to try and set aside a CCJ issued by Lowell Portfolio 1
31 Aug 2008 I moved from an address in south west somerset to the north east in cleveland
5 Aug 2010 A CCJ was issued to my old address in somerset without me knowing
31 Aug 2011 I received a letter from Lowell Portfolio at my new address, saying " We are Lowell Portfolio 1 ltd, your outstanding account with Barclaycard was sold to us on the 30/04/2008 and we will now be recovering what you owe"
in this letter they do not mention that they had tried to contact me previously or that they had had a CCJ issued against me, (at this date I did not know they had).
I immediately replied with the letter template saying that it was statute barred.
23 Sep 2011 I received the reply saying "your account is now closed" and the letter states that they have reviewed the overdue account and discovered that it was statute barred.
so I didnt think any more of it and thought it was finished.
I got my credit report at the beginning of feb 2013 and decided to ring northampton bulk centre as there was a CCJ, In this phonecall I found out the CCJ was issued by Lowell Portfolio1 on the 5th Aug 2010.
Now I did not give Lowell my new address as I did not know they were chasing me for money, I did not receive any letters from them at the old address prior to moving. I also never gave my new address to them for the same reason yet somehow they had it. (Barclaycard did not have the address I had moved about 7 times since the address barclaycard was issued at including being homeless for a period of that)
I Had changed my bank address etc in 05/2009 to my new address, and had been on the electoral roll here since 28/10/2009 so the credit report would of shown this a year before Lowell issued the CCJ at a old address. Im assuming they got the old address from the credit report at that time so they would of seen both.
I have sent in the N244 on the grounds that I was not living at that address for 2 years before the CCJ was issued and had not given Lowell the address as I did not know they were chasing me. I attached evidence that I was not living there and also copies of the letters from lowell in 2011.
I believe that the debt was statute barred before they issued the CCJ, and when I received the letter in 09/2011 they said the debt was statute barred and account was closed. Surely if it was genuine they would not of agreed and told me a CCJ had been issued and I had to pay the balance?
Just wondering what my chances of being set aside? and where do I go from here?
thanks in advance
was just planning on posting this in a general debt collection, until I noticed that Lowell have there own sub forum.
I sent off a N244 form last week to try and set aside a CCJ issued by Lowell Portfolio 1
31 Aug 2008 I moved from an address in south west somerset to the north east in cleveland
5 Aug 2010 A CCJ was issued to my old address in somerset without me knowing
31 Aug 2011 I received a letter from Lowell Portfolio at my new address, saying " We are Lowell Portfolio 1 ltd, your outstanding account with Barclaycard was sold to us on the 30/04/2008 and we will now be recovering what you owe"
in this letter they do not mention that they had tried to contact me previously or that they had had a CCJ issued against me, (at this date I did not know they had).
I immediately replied with the letter template saying that it was statute barred.
23 Sep 2011 I received the reply saying "your account is now closed" and the letter states that they have reviewed the overdue account and discovered that it was statute barred.
so I didnt think any more of it and thought it was finished.
I got my credit report at the beginning of feb 2013 and decided to ring northampton bulk centre as there was a CCJ, In this phonecall I found out the CCJ was issued by Lowell Portfolio1 on the 5th Aug 2010.
Now I did not give Lowell my new address as I did not know they were chasing me for money, I did not receive any letters from them at the old address prior to moving. I also never gave my new address to them for the same reason yet somehow they had it. (Barclaycard did not have the address I had moved about 7 times since the address barclaycard was issued at including being homeless for a period of that)
I Had changed my bank address etc in 05/2009 to my new address, and had been on the electoral roll here since 28/10/2009 so the credit report would of shown this a year before Lowell issued the CCJ at a old address. Im assuming they got the old address from the credit report at that time so they would of seen both.
I have sent in the N244 on the grounds that I was not living at that address for 2 years before the CCJ was issued and had not given Lowell the address as I did not know they were chasing me. I attached evidence that I was not living there and also copies of the letters from lowell in 2011.
I believe that the debt was statute barred before they issued the CCJ, and when I received the letter in 09/2011 they said the debt was statute barred and account was closed. Surely if it was genuine they would not of agreed and told me a CCJ had been issued and I had to pay the balance?
Just wondering what my chances of being set aside? and where do I go from here?
thanks in advance
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