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  • #16
    Originally posted by adam92 View Post

    Thanks Di, can I just clarify with Barclays.

    As you say they returned my fee and request back - they said my address details were incorrect and I'd need to go into branch..

    As I've spoken directly with Barclays (I wouldn't normally on the phone to begin with but it seemed the only way) and they've stated my address is correct,

    It's fine to just leave it? I'm cautious if they tried any legal action the department would send it to an old address

    If they served a claim on an incorrect address and then obtained a Default Judgment (CCJ) because you didn't respond, then you would contact me for advice on getting the CCJ set aside, especially since you have evidence that they have your current correct address (assuming that was where they sent the letter returning your postal order).

    Before issuing legal proceedings they would need to send you a Letter of Claim giving you 30 days notice to deal with the issue (or not).

    It's unlikely Barclays would issue a claim - they prefer to assign accounts to debt purchasers and let them take responsibility for that.

    Please stay off the phone - you really do need a paper trail and sadly one can't rely on 'accurate' notes being placed on your account log by someone in a call centre.

    Di
    Legal Disclaimer

    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

    Comment


    • #17
      Update: INTRUM (Aqua)

      Received a letter noting they are aware I have a dispute unanswered on the account and are in the process of getting this information. And also fishing for further information about the query if I've not previously sent.

      Filed to one side.

      Also Lowell keep sending chaser letters to an old address that I am no longer at.. I've checked and they did send me correspondence last year to the correct present address so not sure why they are doing that..

      Comment


      • #18
        Originally posted by adam92 View Post
        Also Lowell keep sending chaser letters to an old address that I am no longer at.. I've checked and they did send me correspondence last year to the correct present address so not sure why they are doing that..
        Do you have Royal Mail redirection from your old address or know who currently lives there which is how you’ve discovered this?

        Di

        Legal Disclaimer

        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

        Comment


        • #19
          Originally posted by Diana Mayhew View Post

          Do you have Royal Mail redirection from your old address or know who currently lives there which is how you’ve discovered this?

          Di

          Hi Di

          A family member is now the tenant there which is how I know they’ve done that.

          Comment


          • #20
            Originally posted by adam92 View Post


            Hi Di

            A family member is now the tenant there which is how I know they’ve done that.

            Okay, so you’ve got all bases covered in the event of a Letter of Claim being sent to one of them.

            Can you just remind me which debt is being chased by Lowell. Maybe re-quote your post on this thread with the history.

            Di
            Legal Disclaimer

            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

            Comment


            • #21
              Originally posted by Diana Mayhew View Post


              Okay, so you’ve got all bases covered in the event of a Letter of Claim being sent to one of them.

              Can you just remind me which debt is being chased by Lowell. Maybe re-quote your post on this thread with the history.

              Di
              Hi Di I think so

              Apologies it's below for Lowell. It's an old Capital One card. I'm adamant i sent a CCA request to them, but can't find my proof of posting, but it would tie in with the dates when they began to start searching my credit file ...

              Originally posted by adam92 View Post

              Type: CC
              Date Commenced: 2009
              Default: Unsure (over 6-7 years ago)
              Balance: £400
              Last Paid: 2019
              Status: Awaiting CCA
              Owner: Sold to Lowell

              July 2020 - CCA Request Sent
              July/Aug - Soft Searches Made on Credit File

              Comment


              • #22
                Originally posted by adam92 View Post

                Hi Di I think so

                Apologies it's below for Lowell. It's an old Capital One card. I'm adamant i sent a CCA request to them, but can't find my proof of posting, but it would tie in with the dates when they began to start searching my credit file ...


                Did you get any response from Lowell when you sent the CCA Request even though you haven't got proof that you sent it?

                Or did you send your CCA Request to Capital One before it was assigned to Lowell?

                (Sorry I haven't read back through your whole thread.)

                Depending on your answer you may benefit from sending another CCA Request from your current address - but don't do that yet.

                The debt is £400 so it would be good to avoid a claim rather than battle it out in court, especially if Lowell can't/don't comply with your CCA Request and admit defeat before they go into battle.

                Di
                Legal Disclaimer

                I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

                Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                Comment


                • #23
                  Originally posted by Diana Mayhew View Post


                  Did you get any response from Lowell when you sent the CCA Request even though you haven't got proof that you sent it?

                  Or did you send your CCA Request to Capital One before it was assigned to Lowell?

                  (Sorry I haven't read back through your whole thread.)

                  Depending on your answer you may benefit from sending another CCA Request from your current address - but don't do that yet.

                  The debt is £400 so it would be good to avoid a claim rather than battle it out in court, especially if Lowell can't/don't comply with your CCA Request and admit defeat before they go into battle.

                  Di

                  Hi Di it was from my current address and I sent it to Lowell. I can certainly send another one if you advise and update

                  Comment


                  • #24
                    Originally posted by adam92 View Post


                    Hi Di it was from my current address and I sent it to Lowell. I can certainly send another one if you advise

                    Well, you sent it to Lowell last July so no response suggests it may not have been delivered, and without proof of posting you'd be hard pressed to prove that you sent it. Did you enclose the £1 statutory fee as a postal order or a cheque? If it was a cheque you can check whether it has been cashed.

                    I'm leaning towards the idea that you send a new one with proof of posting so there can be no doubt that you sent it. This will also confirm that you are living at your current address which, from what you say, they aren't certain of because they've been sending correspondence to your old address.

                    Even if they do produce a credit agreement that doesn't necessarily mean all the other statutory duties have been met. Capital One regularly have issues with the Default Notice.

                    Lowell can be trigger happy with court claims but that doesn't mean they always win in court as Jo makes clear in her post here >


                    Originally posted by Joanna Connolly View Post
                    This was a small consumer credit claim of around £2,000 which the Claimant persisted in taking to trial possibly hoping our client would not have representation on the day in court for such a small sum. I decided to represent my client at the trial. The claimant was represented by counsel.

                    After heavily contested legal argument the District Judge dismissed the claim describing it as being hopeless from the start. He made an order that the claimant pay our clients costs, even though it was on the small claims track, due to Lowell's unreasonable conduct in bringing the claim. The amount of costs awarded were almost as much as Lowell's had tried to sue for.
                    Di



                    Legal Disclaimer

                    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

                    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                    Comment

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