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Original creditor Capital one, Lowell portfolio
Hi everyone, I realise that I've probably left this too late but perhaps someone can be of assistance.
I received a notice of issue of warrant of control from Newport county court which instructed me that I had failed to make payment of a CCJ and that I had to pay £172.25 for the warrant and £224.27 after payment of the warrant. I was also warned of bailiff action if I did not comply.
As soon as I read this notice, I phoned the court because I wasn't aware of ever having a CCJ. I was told by the court that there was in fact a CCJ in place.
I signed up for a free credit report with Noddle and sure enough there was a CCJ in place on 07/11/2013 from a Northampton court, the only thing is, I don't ever recall receiving any notification about this and I was never given the oppurtunity to defend this claim.
Perhaps now is a good time to mention that I have suffered with severe generalised anxiety disorder, agoraphobia and depression for 17 years and I am taking Escatalopram, Diazepam and Quetiapine daily. My memeory is appalling and it is quite possible that I have a debt with capital one. But I am adamant that i did not receive any documents regarding a CCJ and I would have been a nervous wreck (like I am now).
I was advised by the court that I could fill in forms N244 and EX160 in order to have the judgement set aside and to help with court costs.
I have completed the forms and sent them off to Newport court. I also sent them medical evidence from my Doctor. I explained that I had no knowledge of the CCJ up until I received the warrant of control.
I also sent a subject access request form to Bryan Carter and asked them to provide me with proof of the debt. I have yet to receive any comunication regarding the SAR but I have received a witness satement from Lowell Portfolio.
The witness statement basicaly states that:
The witness staement also states that it will take more time for them to provide documents of the account due to the age of the debt and that I have no valid defence or prospect of successfully defending the claim.
The hearing date is 27th NOV 2015
I cannot attend due to my medical condition.
Thank you for your help.
Hi everyone, I realise that I've probably left this too late but perhaps someone can be of assistance.
I received a notice of issue of warrant of control from Newport county court which instructed me that I had failed to make payment of a CCJ and that I had to pay £172.25 for the warrant and £224.27 after payment of the warrant. I was also warned of bailiff action if I did not comply.
As soon as I read this notice, I phoned the court because I wasn't aware of ever having a CCJ. I was told by the court that there was in fact a CCJ in place.
I signed up for a free credit report with Noddle and sure enough there was a CCJ in place on 07/11/2013 from a Northampton court, the only thing is, I don't ever recall receiving any notification about this and I was never given the oppurtunity to defend this claim.
Perhaps now is a good time to mention that I have suffered with severe generalised anxiety disorder, agoraphobia and depression for 17 years and I am taking Escatalopram, Diazepam and Quetiapine daily. My memeory is appalling and it is quite possible that I have a debt with capital one. But I am adamant that i did not receive any documents regarding a CCJ and I would have been a nervous wreck (like I am now).
I was advised by the court that I could fill in forms N244 and EX160 in order to have the judgement set aside and to help with court costs.
I have completed the forms and sent them off to Newport court. I also sent them medical evidence from my Doctor. I explained that I had no knowledge of the CCJ up until I received the warrant of control.
I also sent a subject access request form to Bryan Carter and asked them to provide me with proof of the debt. I have yet to receive any comunication regarding the SAR but I have received a witness satement from Lowell Portfolio.
The witness statement basicaly states that:
- I took out the original agreement with Capital One on 5th DEC 2007
- I defaulted on the 25th NOV 2008.
- I made a payment of £10 on the 30th July 2011 and that I had failed to make any more payments
- I failed to respond to a claim in November and that a judgement in Default was obtained on NOV 2013
- I set up a direct debit on 30th SEPT 2015 ( that did actualy happen because I was petrefied of a bailiff coming to my house, but I cancelled it when I decided to dispute the debt)
- They wrote to me on the 13th of October confirming that they are not the data controllers and that the SAR has been referred to the respondant and that I should also contact capital one directly.And the SAR does not affect my liability for the debt. (I have received no such letter )
The witness staement also states that it will take more time for them to provide documents of the account due to the age of the debt and that I have no valid defence or prospect of successfully defending the claim.
The hearing date is 27th NOV 2015
I cannot attend due to my medical condition.
Thank you for your help.
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