Lowell CCJ

[nemesis45]

Re: Lowell CCJ

Hi Nem,

Can you help? Lowell have replied to my email this morning. They have said the account us been passed to Fredrickson for collection & I should forward any correspondence to them. Is that right? As the CCJ was registered by Lowell

Fredrickson is just an account management /collection company within the Lowell Group.
Personally I would do as suggested earlier and put the set aside question to Andrew Bartle.

If you send anything to Freds they'll only have to pass it on to Lowell anyway.

nem

[dazzle75]

Re: Lowell CCJ

Thanks Nem,

will get that sent out today

[nemesis45]

Re: Lowell CCJ

Thanks Nem,

will get that sent out today

OK dazzle keep us posted on developments.
nem

[dazzle75]

Re: Lowell CCJ

I forwarded the question on to Andrew Bartle, I received an email from Lowell's junior solicitor advising he had sent the query on to the solicitors dealing with the CCJ so hopefully they agree to set aside


Daz

[nemesis45]

Re: Lowell CCJ

I forwarded the question on to Andrew Bartle, I received an email from Lowell's junior solicitor advising he had sent the query on to the solicitors dealing with the CCJ so hopefully they agree to set aside


Daz

It's a wait and see situation now Daz.

nem

[dazzle75]

Re: Lowell CCJ

Do I chase them up on it after a certain amount of time or just file it with the courts?

[scottay2hottay]

Re: Lowell CCJ

I wouldn't pay them anything until they can prove that you owe the debt.
This is a recent telephone conversation that i had with Lowell

I asked:
why would you have to write to capital one for the proof of debt, shouldn't you already have the information before you purchase the debt?"

***** replied:

" when we purchase accounts, we purchase a portfolio of accounts, we don't purchase individual accounts, like i say we purchase a portfolio which can contain numerous accounts. They provide to us certain information relating to our customers and the accounts, so the balances, account numbers, any previous payments, last known addresses. That sort of information they provide to us on sale. They don't provide the documentation to demonstrate the documents on sale.

I then asked "are you buying these debts blindly?"

******* replied:

"we actually perform due diligence before we purchase the portfolios,so what we do is we take a selection of the portfolios, its not every single account within that portfolio because it can be hundreds and it can be thousands in some cases and it would be physically impossible for us to check every single one. We will take at random, a set number of the accounts and we review the information that capital one have."

[nemesis45]

Re: Lowell CCJ

Do I chase them up on it after a certain amount of time or just file it with the courts?

Give them 14 days then if there is no reply chase it up.

nem

[dazzle75]

Re: Lowell CCJ

Hi all,

I have today received this email from Bryan Carter solicitors, they state that the court papers were sent to the correct address. I did not receive any papers from the court & never received any correspondence from Lowell at all at that address. I explained to them in my first email that I can prove I was at that time paying them £60 a month for another debt, so had I received anything to do with this debt I would of came to the same arrangement. What can I do now?

************************************************** ************************************************** ************************************************** ************************************************** *****************************************
Dear Mr

Lowell Portfolio I Ltd v Mr *********
Claim no: ***********
Account no: ************
Outstanding Balance: £503.88

We write further to your email to our client, Lowell Portfolio I Ltd dated 19^th October 2015 which has been passed to us as we are instructed in this matter.

We confirm the debt relates to a Three Mobile (the ‘Original Creditor’) account , account number: ********* which was connected on 6^th October 2005 and you were provided with a handset tariff of ‘Talk and Text 600 Base’ and mobile number: ***********. The account was disconnected on 7^th May 2009 at which point it fell into default. The debt was subsequently assigned from the Original Creditor to our client on or around 4^th March 2011.

The outstanding balance relates to airtime debt in the sum of £235.79 and an early termination fee in the sum of £78.12 plus Court costs.

We confirm a Claim was issued on or around 25^th June 2014 and was served at the address of ******************* which you have confirmed was your address of residency at the time the Claim was issued.. As there was no response to the Claim, Judgment by default was entered on 23^rd July 2014 in the sum of £503.88 and the Court directed you pay monthly instalments of £50.00; this is currently in arrears. Confirmation of the Judgment would have been sent to you by the Court but if you require a copy of the pleadings, please contact the Court direct.

In these circumstances, our client is not agreeable to setting aside the judgment as you were properly served with the Claim. Once the Judgment has been paid in full, the Judgment will be marked as satisfied on your credit file and if requested, we will send you a letter of satisfaction.

We trust this clarifies matters and we look forward to hearing from you by 16^th December 2015 with your payment proposals towards clearing the arrears and Judgment. Please note should we not hear from you by this date we will be seeking our client’s instructions with regard to taking further legal action to recover the outstanding balance.

We recommend you seek independent legal advice.

Yours sincerely

Bryan Carter Solicitors LLP

************************************************** ************************************************** ************************************************** ************************************************** *********


Thanks
Daz

[nemesis45]

Re: Lowell CCJ

Hi all,

I have today received this email from Bryan Carter solicitors, they state that the court papers were sent to the correct address. I did not receive any papers from the court & never received any correspondence from Lowell at all at that address. I explained to them in my first email that I can prove I was at that time paying them £60 a month for another debt, so had I received anything to do with this debt I would of came to the same arrangement. What can I do now?

************************************************** ************************************************** ************************************************** ************************************************** *****************************************
Dear Mr

Lowell Portfolio I Ltd v Mr *********
Claim no: ***********
Account no: ************
Outstanding Balance: £503.88

We write further to your email to our client, Lowell Portfolio I Ltd dated 19^th October 2015 which has been passed to us as we are instructed in this matter.

We confirm the debt relates to a Three Mobile (the ‘Original Creditor’) account , account number: ********* which was connected on 6^th October 2005 and you were provided with a handset tariff of ‘Talk and Text 600 Base’ and mobile number: ***********. The account was disconnected on 7^th May 2009 at which point it fell into default. The debt was subsequently assigned from the Original Creditor to our client on or around 4^th March 2011.

The outstanding balance relates to airtime debt in the sum of £235.79 and an early termination fee in the sum of £78.12 plus Court costs.

We confirm a Claim was issued on or around 25^th June 2014 and was served at the address of ******************* which you have confirmed was your address of residency at the time the Claim was issued.. As there was no response to the Claim, Judgment by default was entered on 23^rd July 2014 in the sum of £503.88 and the Court directed you pay monthly instalments of £50.00; this is currently in arrears. Confirmation of the Judgment would have been sent to you by the Court but if you require a copy of the pleadings, please contact the Court direct.

In these circumstances, our client is not agreeable to setting aside the judgment as you were properly served with the Claim. Once the Judgment has been paid in full, the Judgment will be marked as satisfied on your credit file and if requested, we will send you a letter of satisfaction.

We trust this clarifies matters and we look forward to hearing from you by 16^th December 2015 with your payment proposals towards clearing the arrears and Judgment. Please note should we not hear from you by this date we will be seeking our client’s instructions with regard to taking further legal action to recover the outstanding balance.

We recommend you seek independent legal advice.

Yours sincerely

Bryan Carter Solicitors LLP

************************************************** ************************************************** ************************************************** ************************************************** *********


Thanks
Daz

Hello Daz,
This is a deadlock situation now your word against Lowell's, how
do we prove that the Claim Pack was not received.
My thoughts.

Contact Northampton County Court Business Centre quote the claim number, name of claimant date of issue/date of judgement as see if they can confirm the delivery address.

Some the others may have some ideas.

nem

[dazzle75]

Re: Lowell CCJ

I know I cant prove it wasn't received but does it help my case that I can prove I was earning a significant wage at the time so would of had no trouble paying the debt had I received the forms? I can also prove I was paying them £60 a month for another debt

Thanks
Daz

[nemesis45]

Re: Lowell CCJ

I know I cant prove it wasn't received but does it help my case that I can prove I was earning a significant wage at the time so would of had no trouble paying the debt had I received the forms? I can also prove I was paying them £60 a month for another debt

Thanks
Daz

That in my opinion would be for a judge to decide.
Do your best to find proof of the delivery address.

nem

[dazzle75]

Re: Lowell CCJ

Hi Nem,

The court replied yesterday, they gave me the wrong address where the claim was sent & I thought I had them but an hour later another email came through to say they had made a mistake & they confirmed the correct address. Looks like I will be applying to the court for a set-aside. I need to respond to Bryan Carters email before the 16th December. I just want to let them know that I will be taking this to the courts but am unsure how to word it. Any advice?

Daz

[nemesis45]

Re: Lowell CCJ

Hi Nem,

The court replied yesterday, they gave me the wrong address where the claim was sent & I thought I had them but an hour later another email came through to say they had made a mistake & they confirmed the correct address. Looks like I will be applying to the court for a set-aside. I need to respond to Bryan Carters email before the 16th December. I just want to let them know that I will be taking this to the courts but am unsure how to word it. Any advice?

Daz

Good morning Daz,

Write/ e-mal ( with a confirmation of receipt ) to Carter,

Sir/Madam,

I refer to your communication dated ............................ in regard to the County Court Judgement obtained by your client Lowell.

This is formal notice that I will be applying to the court for this judgement to be set aside, if your client intends to contest this application I require notification by return of post.

yours etc.

Nem

[dazzle75]

Re: Lowell CCJ

Thanks Nem,

I've emailed across & will also send by recorded mail

Daz