I originally posted this in the Lowell forum but its not seeing much action over there.
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?
Received a letter from the court this morning 21/02/2013, says the hearing will take place at the court, but then under that it says the hearing of this case will take place by way of telephone.
Any advice from here?
It says I must give the claimants legal representative my telephone number, not sure who this is the DCA is Lowell Portfolio 1,
Also says I must serve all documents to be relied upon at the hearing by fax or email, I sent in my evidence with my N244 im guessing this is what it is asking for?
I have written up some more evidence as I have noticed some more details,
such as the letter from Lowell in Aug 2011 the first line is "Introducing Lowell" making it try as seem to me that it was the first time they contacted me, and the reference number that they had for the CCJ is different than the reference number they had on the letter in 2011, how ever both the CCJ and the 2011 letter both have the same credit card number as a secondary reference number.
The amount they are asking for on the CCJ is £991 but the amount they have requested on the 2011 letter is £812.
Its like they are trying to hide the fact they all ready issued a CCJ against me
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?
Received a letter from the court this morning 21/02/2013, says the hearing will take place at the court, but then under that it says the hearing of this case will take place by way of telephone.
Any advice from here?
It says I must give the claimants legal representative my telephone number, not sure who this is the DCA is Lowell Portfolio 1,
Also says I must serve all documents to be relied upon at the hearing by fax or email, I sent in my evidence with my N244 im guessing this is what it is asking for?
I have written up some more evidence as I have noticed some more details,
such as the letter from Lowell in Aug 2011 the first line is "Introducing Lowell" making it try as seem to me that it was the first time they contacted me, and the reference number that they had for the CCJ is different than the reference number they had on the letter in 2011, how ever both the CCJ and the 2011 letter both have the same credit card number as a secondary reference number.
The amount they are asking for on the CCJ is £991 but the amount they have requested on the 2011 letter is £812.
Its like they are trying to hide the fact they all ready issued a CCJ against me
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