Happymonday V Capital One

[HappyMonday]

Just setting a thread for later use really, though I'd appreciate some advice on an issue with this one I find arising if anyone can oblige....

The debt collection company who have been chasing my Capital One amount have recently informed me that they obtained a County Court Judgement against me in February. This was in default of any defense from me, as they sent the correspondence to an old address, then decided to run the standard trace for my whereabouts three months later.

First I'd heard of it was a letter dated 26th of August 2006, about three months into correspondence regarding my dispute of the debt with the povider, which confirmed at my specific request that a CCJ had been obtained.

As the judgement was made regarding a defaulted debt comprising over 80% illegal charges, and I was expecting to only have to request that the default notice be struck from my record, are there any specific actions that can be taken to have a CCJ reversed/removed?

Aside from this, I'm looking forward to my DPA info...

 

Thanks...

 

----------------------

Progress

 

Capital One - DPA Subject Access Request Sent 23/08/06

 

Barclaycard - No Action As Yet

 

Natwest - No Action As Yet

 

Co-Operative Bank - No Action As Yet

[HappyMonday]

Update...

Sent my preliminary request for repayment recently.

[Don4071]

Update...

Sent my preliminary request for repayment recently.

 

Hi Happymonday

 

Just thought I would say good luck. Keep updating us please.

 

Did you get anywhere with finding out about the removal of CCJ's where the amount owed is largely due to their fee's??

[HappyMonday]

AA

[HappyMonday]

Now then...

 

I received a letter from the debt collection agency who are presently handling the debt on the matter of the CCJ which, to paraphrase, said it would be easier for me to just satisfy the debt than have the CCJ anulled via the court.

They neglected to mention that this would take six years, and that satisfied CCJ's are as bad as active ones with most lenders.

As soon as I receive a response from Cap One to my request for my money back, I'm going to kindly explain to the DCA that this is not good enough.

I didn't receive any forms or information regarding the CCJ at the alleged time the action was taken against me, and it follows that I wasn't given an opportunity to appeal against it at that time. So, with 80% of the balance of the debt in dispute, I think I have a fair chance of showing that the judgement was unfair.

I'm interested to know if anyone has any insight into the functionality of DCA's...It must regularly be the case at present that they are purchasing debts for a % of their cost from big lenders, then having the lawful reclaimable amount of said debt slashed to below the amount they've paid for it.

Not that I'm crying for them you understand, but I'm interested to know as an explanation of this likelihood is a surefire way of getting them to back off in future.

[lukeyboyuk]

If the judgement was served in default you have the opportunity to request it is set aside on the basis that you did not receive the paperwork.

 

I will take a look at this and post a link if I find it.

[lukeyboyuk]

The following post elsewhere should help:

 

DEBT HELP UK FORUM - Login

[HappyMonday]

Much obliged, I'll check it out.

 

HM

[HappyMonday]

Letter Before Action in the post after my initial letter was ignored.

[Don4071]

Good one

[HappyMonday]

What a coincidence!

Upon Capital One's receipt of my LBA, the silly little debt collector attack dogs they employ have re-activated my account and begun harrassing me for payments again.

They've acknowledged my dispute of this debt in the past, and are aware that the process is ongoing.

Having told them to bugger off by return, to whom and how is it best to report them?

[HappyMonday]

Whilst I'm on this subject...

I'm planning to request the CCJ that this DC have had issued against me be set aside on the basis that I didn't receive the claim form (sent to an old address).

If I had received said form, I would've disputed the balance (and therefore basis of the CCJ) as incorrect due it being made up of 80% illegal charges etc.

Anybody have experience of this process? Or any success stories?

[HappyMonday]

Two days to go before I initiate legal action, and I only just got the joke....

Cap One = Capone....Another notorious criminal and thief...

[HappyMonday]

I love it....Once again we have studious silence from the Capital One debt collectors...

And indeed from Capital One...I'm a day from the deadline set out in my LBA and not a peep in response so far.

Is there any perceived link between the level / speed of responses to threats etc, and the amount of money owed to the individual?

[HappyMonday]

Been a while since I updated this thread, which reflects the studious stonewalling I've received from Capital One on this matter.

 

Having let this claim fall by the wayside by not initiating legal action, I'd simply taken to hitting Capital One with another Letter Before Action every time they sold this debt to another collector, who would immediately have cause to put their enforcement action on hold.

 

Years of silence from Capital One followed...Until, straight after the recent bank charges ruling, they finally condescended to begin correspondence with me directly on the matter, to tell me that the outcome of the case means my claim is invalid.

 

The balance is just over £1200, and to cut a long story short they've gone from offering £300 as a refund, to £950 after I played the usual hardball and changed the particulars of my claim etc.

 

This lower amount is apparently justified on the basis that my complaint has been 'started' from the most recent Letter Before Action, in September of last year, enabling them to discount some £200 worth of default charges as outside of the six year claim period.

 

I need a little advice on this, if you can spare it...

 

Am I right in thinking this is a ruse, given that I have consistently filed requests for these moneys to be returned over the years (by registered post), starting in June 2006, which they have simply ignored? Does anybody know if I'm within my rights to demand they accept this as the beginning of my 'complaint'?

 

Also, if not, can I not utilise the same defence and simply refuse to accept their attempts to reclaim these charges because they are now outside the six year claim period?

 

Also, if I were to accept this latest figure as a full and final settlement of the matter, what are the repercussions for requesting this bunch of brigands clean up the damage to my credit rating?

 

Thanks...

 

HM